TERMS OF USE AMBITIOUSALES.COM

1. GENERAL

1.1. Applicability
These general terms and conditions and any policies or documents to which a link is provided herein (hereinafter referred to as the “GTCs”) apply to all orders through https://www.abitiousales.com (the "Website") mobile websites, and applications owned by and / or operated by or on behalf of Ambitious Ales (hereinafter referred to as “Ambitious Ales / We / Us / Our”). By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Ambitious Ales provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing. Please read these GTCs carefully before ordering Products (as defined below) from the Website. By ordering Our Products, you indicate that you consent to and shall comply with:

a. These GTCs

b. Our Website Terms of Use; and

c. Our Privacy Policy / California Privacy Rights

This Website may only be used by persons residing in California. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have full legal authority to bind that entity to these GTCs.

1.2. Eligibility
Some parts or all the Website or Products may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Products if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions. Ambitious Ales only sells Products to adults over the age of 21 through the Website who can purchase its Products using an approved method of payment, which Ambitious Ales, in its sole discretion, may change from time to time. By purchasing a product using the Website, you represent to Ambitious Ales that you are legally an adult and that you are authorized to make the purchase using the payment information you provide. If you are under 21 years of age, then do not use this Website or purchase Products. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Ambitious Ale's Products through your computer. If We have reason to believe that you do not fulfill any of these requirements, We reserve the right to cancel your order.

1.3. Amendment to the GTCs
We reserve the right to make changes to the GTCs at any time and any changes will be effective from the publication of the new GTCs on the Website. You, and any use of this Website or Product purchase, will be subject to the version of the GTCs in force at the time you order Products from the Website.

2. ACCEPTANCE OF PURCHASE ORDERS

2.1. Invitation By completing the Check-Out process and clicking the “BUY NOW” button, you enter into a binding offer to purchase Products; however, all orders submitted by you are subject to acceptance by Us. We are free, without liability, to refuse your offer to purchase for any reason in compliance with applicable laws. We may choose to not accept your purchase offer at our discretion, including for the following reasons:

a) non-availability of Product(s);

b) incorrectly priced Product(s);

c) incorrectly described Product(s);

d) if We are unable to obtain authorization of your payment;

e) if We receive a negative credit alert when you pay by your credit card;

f) if there is reason to believe that you are in breach of the GTCs;

g) if there is reason to believe that you are involved in fraudulent or criminal activities of any kind; and

h) if We have reason to believe that you are not a consumer but a commercial buyer.

3. AVAILABILITY

3.1. General Availability Products are available if they are in stock. Ambitious Ales reserves the right to limit the number of Products that may be sold to you. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you check out or visit the designated Ambitious Ales Store (if applicable to the option you have chosen). Note that Products in your shopping basket are not reserved and may be purchased by other customers and/or removed from your shopping basket. We reserve the right to change the Products offered for sale on the Website at any time without notice (but such changes will not apply to Products in respect of which you have submitted an order). We are not liable if certain Products are not in stock or are not available.

4. PRICES AND ADDITIONAL COSTS

4.1. Ambitious Ales reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. All prices of Products on the Website are the prices for the Products only. They do not include any applicable taxes, customs, duties, levies, or the charge for delivery (if any). The total price of your order, including all ancillary and delivery costs, will be shown at the end of the Check-Out process. By confirming the order, you state that you agree to the price for the Products. The price cannot be adjusted after the completion of the Check-Out process.

4.2. Mispricing
Ambitious Ales attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Ambitious Ales reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Ambitious Ales will inform you of the error at which time you may cancel or reaffirm your order at your option.

4.3. Changes to Pricing
We may vary the prices of Products listed on the Website at any time and without any notice, but such changes will not apply to Products in respect of which you have submitted an order.

5. PAYMENT TERMS

5.1. Total Price
The purchase price for the products ordered by you through the Website is due when you submit your order through the Website. The total price for your order will be the purchase price of the Product(s) you have chosen including taxes and any additional costs (i.e. delivery costs etc.). When Swarovski is required by law to collect applicable taxes relating to your order, you authorize Swarovski to charge the applicable taxes to your selected payment method.

5.2. Payment Methods
All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws and Our Privacy Policy / California Privacy Rights. If you pay with a credit/debit card, you confirm that the credit/debit card that is being used is yours and is valid, and that all the credit/debit details you provide to Us, including payment information, name, and address details, are complete, correct, and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. If the institution that issued the credit card refuses to authorize payment to Us, We will not accept your order and We are not liable for any delays or for failure to deliver and We are not obliged to inform you of the reason for the refusal. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of Our processing of your credit/debit card payment in accordance with your order. If you pay using PayPal (if available), the PayPal Privacy Policy available on the PayPal website will also apply. If you pay using Google Pay (if available), the Google Privacy Policy available on the Google website will also apply to your purchase. If you choose to pay using Afterpay (if available), the Afterpay Privacy Policy available on the Afterpay website will also apply to your purchase. We may also offer Apple Pay as a payment option for customers who use an iOS device and a Safari browser when checking out. If you choose to use Apple Pay as your payment option, the Apple Pay Privacy Policy will apply.

5.3. Payment Conditions
For your security, the billing name and address must match the credit card or other method used for payment. Any PayPal account used must be in the name shown on your government issued identification document. We reserve the right to cancel any order that does not comply with this or with our other security criteria.

5.4. Consents
To safeguard your information, We may partner with third-party vendors who both process your payment information and conduct fraud prevention checks for purchases. You agree for Our eCommerce fraud prevention provider(s) to use automated decision making. Automated decision-making is the process of making a decision by automated means without any human involvement. These decisions can be based on factual data, as well as on digitally created profiles or inferred data. Your personal data will be processed in accordance with Our Privacy Policy / California Privacy Rights.

5.5. Currency
We only accept payment in the form of USA currency.

6. PRIVATE EVENT RESERVATIONS

6.1 Private Event Space Rental Agreement
All rentals of the facility for private events are subject to the Private Event Space Rental Agreement that must be signed by renting party in order to confirm the reservation of the facility for the specified date and event. Please contact the Tap Room Manager with inquires about the Private Event Space Rental Agreement.

6.2 Private Event Cancellation
All Rental Fees are non-refundable. No refunds of the space Rental Fee for events canceled 14 days or less prior to an event. If circumstances beyond the control of Ambitious Ales force Ambitious Ales to cancel Client’s reservation, Ambitious Ales shall refund all sums paid including the Rental Fee. If the full Rental Fee is not received 30 days prior to the date of the event, Ambitious Ales reserves the right to cancel Client’s reservation without a booking deposit refund.

7. CANCELLATION PRODUCTS

7.1. Cancellation Process
Our customer relations department is available from Monday to Sunday, during posted store opening hours. Cancellation of online Orders is possible by contacting Us at (562) 285-7199 or emailing info@ambitiousales.com.

8. Liability

Nothing in these GTCs shall have the effect of excluding or limiting in any way Our liability to you where it would be unlawful to do so. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these GTCs. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, AMBITIOUS ALES SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 3) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT DEPENDING ON WHERE YOU ARE LOCATED. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, AMBITIOUS ALES SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY YOU, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT(S).

9. DISPUTES READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND AMBITIOUS ALES MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

9.1 Prohibition of Class, Representative, or Consolidated Actions
You and Ambitious Ales agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Ambitious Ales agree otherwise, the arbitrator may not join more than one party's claims and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Ambitious Ales customers.

9.2 Indemnification
You agree to defend, indemnify and hold harmless Ambitious Ales, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Products; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website or Services.

10. DATA PROTECTION

Your personal data will be processed in accordance with our Privacy Statement. Refer to Our Privacy Policy / California Privacy Rights if you wish to receive more information on the manner in which We use cookies, the type of information We collect, how and for what purpose We use your information and under what circumstances We disclose information. Our Privacy Policy / California Privacy Rights (including information on the use of cookies) is incorporated into and form part of these GTCs. Additionally, where you use PayPal or other allowed payment methods as a payment method, your personal data will be handled in accordance with the PayPal, or other payment provider’s privacy policies (refer to Section 5).

11. OTHER IMPORTANT TERMS

11.1. We may transfer this agreement to someone else. We may transfer Our rights and obligations under these GTCs to another Ambitious Ales legal entity or third party with whom We have a legal relationship with. We will always ensure that the transfer will not affect your rights under these GTCs.

11.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these GTCs to another person if We agree to this in writing.

11.3. Nobody else has any rights under these GTCs. These GTCs are between you and Us. No other person shall have any rights to enforce any of its terms. These GTCs contain the entire agreement between you and Us and supersedes all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.

11.4. If a court finds part of these GTCs illegal, the rest will continue in force. Each of the Sections of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

11.5. Even if We delay in enforcing these GTCs, We can still enforce our rights later. If We do not insist immediately that you do anything you are required to do under these GTCs, or if We delay in taking steps against you in respect of your breaking these GTCs, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.

11.6. These GTCs may change. We reserve the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase. You may not modify, supplement, delete, or amend these GTCs in any manner without the express written agreement of Swarovski.

11.7. Excusable non-performance by Us
If the performance of any of these GTCs or any obligation hereunder by Ambitious Ales is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; (vii) epidemics; pandemics; communicable disease emergencies; or (viii) any other cause beyond its reasonable control, to the extent permitted by applicable law, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.

11.8. Headings
The Section headings used in these GTCs are for convenience only and do not form a part of these GTCs and no construction or inference shall be derived from them.

11.9. Intellectual Property Rights
Ambitious Ales, or the applicable third-party owner retains all rights, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this Website, including but not limited to text, typefaces, names, product designs, logos, images, graphics, videos music, sounds, artworks, data, software, photographs, and other material (hereafter referred to as “Content”). All content is copyrighted as a collective work under the U.S. copyright laws and Ambitious Ales owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Nothing contained on the Website should be construed as granting any license or right to use any Content displayed on the Website. Except as expressly authorized or licensed, you may not copy, modify, from or in any way exploit any of the content, in whole or in part. You may freely browse the Content on the Website, but you are only permitted to download, view, or use such Content from the Website for your own personal, non-commercial use given that the Content and all copyright or other proprietary notices are kept intact. Additionally, we ask you to add following notice on such reproductions: © Ambitious Ales. All rights reserved. Besides above permission, you may not modify, adapt, reproduce, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works or change the Website or its Content nor incorporate the Website or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Ambitious Ales.

11.10. Applicable Law and Venue
By using this Website, you agree that the laws of the state of California shall govern these GTCs without giving effect to any conflict of laws principles. Ambitious Ales reserves the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase.

11.11. Accessibility
This website is built for accessibility. Please review our Accessibility Statement for further information.