**Appalachian Shed Co. LLC**

 

This document sets forth the Terms and Conditions of Sale (the “Terms”) for each product purchased from Appalachian Shed Co. (“ASC”), as well as the Privacy Policy and Terms of Use (“Privacy Policy”) for each user’s access to and use of the ASC’s website, related pages, and applications. ASC may update the Terms (on a go-forward basis only) and the Privacy Policy as determined at its discretion. When ASC updates either the Terms or the Privacy Policy, written notice (via email or website pop-up) will be provided to ease customer and/or user awareness.

 

**TERMS AND CONDITIONS OF SALE**

 

These Terms govern all orders and contracts for the sale of goods from ASC to the person or entity (the “Customer”) purchasing ASC’s goods through the use of this website. These Terms supersede any prior written or oral agreements, understandings, representations, or promises, and any pre-printed or standard terms and conditions related to ASC’s products; these Terms are the sole and exclusive terms governing the purchase of products. To the extent any terms contained herein differ from or conflict with other statements, writings, or communications, the terms within these Terms shall control unless acknowledged in a writing signed by an authorized representative of ASC.

 

1. **PRICES & TAXES; RETURNS**: The Customer shall pay, in addition to the price for the product(s) on the ASC website, (i) all applicable taxes related to the purchase of the product(s), whether collected by ASC through its payment system or through the Customer’s payment of applicable sales or use tax, and (ii) all required shipping and handling expenses for product delivery to the address provided by the Customer during the ordering process. While ASC contracts with a national third-party carrier to estimate shipping and handling costs, if the estimate is insufficient, ASC will notify the Customer, who will then pay the necessary additional amount to cover actual shipping costs, less any previously collected shipping charges. Customers may return product(s) within 90 days of receipt, provided they are returned in good condition (reasonable wear and tear excepted) and the Customer pays for return shipping to ASC.

 

2. **DELIVERY & RISK OF LOSS**: Upon ordering any product(s) or service(s) from ASC, ASC will take reasonable actions to ensure timely delivery to the Customer. While ASC may provide estimated delivery dates, various factors outside ASC’s control may affect actual delivery times. Such factors may include shipping delays, inventory issues, or events such as fire, theft, or other acts of God. ASC shall not be liable nor carry the risk of loss for any product(s) once transferred to the third-party carrier. If a product is damaged upon receipt, ASC will work with the Customer to provide a replacement product at no additional cost.

 

3. **LIMITED WARRANTY**: Unless otherwise specified in writing, ASC warrants that its products are free from defects in material and workmanship under “normal usage” for 90 days from delivery. “Normal usage” refers to the intended product use as outlined by ASC, and any alternative uses are excluded from the warranty. If a product does not meet this warranty, the Customer must notify ASC within 91 days of delivery (with accompanying photos showing the defect). As the Customer’s sole remedy, ASC will, at its discretion, repair or replace the defective item or issue a refund. ASC’s warranty does not cover accidents, abuse, improper usage, or any modifications made by the Customer. THE WARRANTY CONTAINED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY, AND ASC HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is exclusive to the Customer and is non-transferable.

 

4. **USE OF PRODUCT**: The Customer agrees to use the product solely for its intended purpose. The Customer shall not perform or allow others to perform dangerous activities with the product that are not specified under normal usage, which may include but are not limited to jumping on or over the product, climbing it, placing items inside it for unintended purposes, or any other activity not advertised or intended by ASC.

 

5. **LIMITATION OF LIABILITY**: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (A) IN NO EVENT SHALL ASC BE LIABLE FOR EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, WARRANTY, OR OTHER LEGAL THEORY; AND (B) ASC’S AGGREGATE LIABILITY IN CONNECTION WITH ALL ORDERS AND CONTRACTS SHALL NOT EXCEED THE PRICE PAID FOR THE GOODS IN QUESTION.

 

6. **APPLICABLE LAW; VENUE; ARBITRATION**: This agreement is governed by Georgia law, and any court action shall lie in Gilmer County, Georgia. Disputes will be resolved by binding arbitration through the American Arbitration Association (“AAA”) in York County, South Carolina. The Federal Arbitration Act, 9 U.S.C.A § 1, applies, and the prevailing party shall be entitled to recover arbitration costs, including reasonable attorneys’ fees and expert witness fees.

 

7. **INDEMNITY**: The Customer agrees to indemnify and hold ASC harmless from any losses, liabilities, claims, and expenses, including reasonable attorney fees, incurred as a result of failing to comply with the Terms.

 

8. **NO OTHER CONTRACT PROVISIONS; OTHER**: No additional representations, agreements, or obligations exist outside of these Terms. Modifications are valid only if signed by an ASC representative. If any provision herein is unenforceable, the remaining provisions remain effective. ASC reserves the right to assign its obligations hereunder.

 

**PRIVACY POLICY AND TERMS OF USE**

 

*User Requirements*  

All users agree to use the ASC website solely for lawful purposes and to avoid any unlawful transactions.

 

*Features and Use*  

This website and all intellectual property, software, data, and content are owned by ASC. Accessing the site and purchasing products does not grant any ownership rights.

 

*Confidentiality and Non-Disclosure*  

ASC will not disclose payment information such as credit card details without user consent. Physical addresses and phone numbers will also remain confidential.

 

*Data Collected by ASC*  

Each visit to the ASC website collects certain data, such as the user’s IP address and other similar information, for statistical and operational purposes. ASC does not share identifiable user data with third parties without the user’s consent.

 

*Data Provided by Users*  

All data provided to ASC, such as names, addresses, and contact information, becomes the property of ASC and may be used for ASC’s purposes, except as restricted by this Privacy Policy.

 

*Warranties*  

All information and materials on this website are provided “AS IS,” and ASC makes no warranty regarding accuracy or completeness, except for official content provided by ASC.

 

*Indemnification*  

Users agree to indemnify ASC from any loss, liability, or expense related to the improper use of the site or violation of these Terms.

 

*Damages*  

ASC shall not be liable for damages of any kind for any loss or expense incurred from using the website.

 

*Sharing of Data*  

ASC agrees that any identifiable user data will be kept confidential and not shared without the user’s consent. However, non-identifiable data may be used by ASC as needed.

 

BY AGREEING TO THESE TERMS, USERS UNDERSTAND THAT DATA SHARED WITH THIRD PARTIES MAY BE USED BY ASC AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.