The following Terms of Sale apply to the Shimansky Website and all associated Shimansky Websites, its subsidiaries and affiliates. Please read these Terms of Sale carefully. By using and purchasing from this Website you agree to be bound to these terms.
These Terms of Sale govern your use of the Shimansky Website (hereafter referred to as the ‘Website’) and constitute an agreement between you and Shimansky. Shimansky reserves the right to change or modify any of these Terms of Sale or any policy or guideline of the Website at any time, and in its sole discretion without prior notice. Any change or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Sale and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms of Sale, you must stop using the Website.
You agree that all of your transactions with or through this Website may, at our option, be conducted electronically or non-electronically from start to finish. If transactions are made non-electronically, those transactions will still be governed by these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms of Sale and any other contract or disclosure that we provide to you.
The risk of loss and title for items purchased by you on this Website pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Website based on the applicable state sales tax rate of the location to which the order is being shipped. When an order is shipped to you, you agree to pay the shipping and any handling charges when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, you agree to check all cha
Shimansky reserves the right to ship to selected countries at Our sole discretion. The countries We ship to will be made available on checkout. If you require shipping to a country not listed as an option in checkout, please contact us for a custom shipping quote. Any additional costs not levied by Shimansky to facilitate the purchase of merchandise, are and will be for your account. These may include, but not limited to, import duties, taxes and shipping clearance fees. The responsibility to investigate any and all additional charges levied outside of Our control fall on you to investigate.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Website) to that card or other method. If the card or other method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All returns are governed by our Return Policy, which can be found here. We attempt to be as accurate as possible and eliminate errors on this Website; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged subject to the outcome of an investigation by ourselves into the matter. Your sole remedy in the event of such error is to cancel your order and request a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.
In order to access some features of this Website, you may be required to register an account and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Shimansky with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms, and Shimansky will have no obligation to investigate the authorization or source of any such access or use of this Website. You will be solely responsible for all access to and use of this Website by anyone using the password and identification originally selected by, or selected by, or assigned to, you whether or not such access to and use of this Website is actually authorized by you, including without limitation.
The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Website and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Website, or any portion of this Website, and to block or prevent your future access to and use of this Website or any portion of this Website.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Shimansky and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Website; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Website; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Shimansky of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defence or settlement of any third party Claims.
Except as expressly provided, the Website, including all Website Content, and services provided on or in connection with the Website are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
We reserve the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.