Terms of service
<!-- @page { margin: 0.79in } P { margin-bottom: 0.08in } -->
OVERVIEW
This website (i.e. online entity), is operated exclusively by Penn Thrift, Inc. (aka "Penn Thrift Beverage"). Throughout the site, the terms “our”, "we", and/or "us" refer to the entity, Penn Thrift Beverage, and its staff. Penn Thrift Beverage offers this website, including all information, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site, purchasing goods, and using our services from Penn Thrift, Inc., you engage in our “Service” and agree to be bound by the following terms and conditions (aka “Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by live links. These Terms of Service apply to all users of this site, including, but not limited to users who are browsers, vendors (aka "wholesaler partners), customers, industry partners (i.e. originator of products), and/or contributors of content.
Please read the Terms of Service carefully before accessing or using our website. By accessing and/or using any part of the website (aka "virtual storefront"), you agree to be bound by these Terms of Service. In the event that you do not agree to all the terms and conditions documented herein, then you may not access the website, hence use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new content and/or features which are added to our virtual storefront shall also be subject to the Terms of Service. Please navigate and review the most current version of the Terms of Service by revisiting this page. Moreover, we reserve the sole and exclusive rights to update, change, and/or replace any part of these Terms of Service by posting updates and/or changes to our website (aka "virtual storefront"). Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
ARTICLE 1 - ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least 21 years of age in the state, county, or provinces of Pennsylvania (PA). You also agree to the legal terms and services set forth by our host and e-commerce company, Shopify Inc. (https://www.shopify.com). You are prohibited to use our company name, products, or service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws). The usage of malicious tactics which creates such breaching, doxxing, spyware, viruses, etc. is a federal offense that we, as Penn Thrift, Inc., reserve the right to prosecute if carried out against us or Shopify Inc.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any persons underage, lacking proper identification, and/or visibly intoxicated.
‣ By extension, any employee of Penn Thrift, Inc. may immediately cancel an order attempting to be picked up by any underage persons or any individual unable and/or unwilling to produce proper identification to receive the order.
⁃ You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
⁃ You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided.
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 - ACCURACY OF INFORMATION
The information contained in our online store and herein is provided for general information only and does not offer any kind of health advice to diagnose, treat, and/or cure ailments or diseases, nor encourage or suggest destructive actions. Further information about specific products should be sought by you, the user, and be done so with care to aid in a purchasing decision. Ultimately, the decision of purchasing any of these products is at the user's sole discretion. Penn Thrift, Inc. and its staff will not be held responsible for any misunderstanding of the content presented.
Furthermore, this site may contain certain historical information sourced from our professional knowledge and experience. Historical information is provided for your reference only. We do, however, exercise intellectual property protection for our usage of official titles, imagery (if necessary), names, descriptions, logos, and slogans with appropriate trademark symbols (i.e. copyrights). We reserve the right to modify the contents of this site at any time, but have no obligation to keep products no longer in production on our site. Lastly, you agree that it is your responsibility to interpret any changes made to our website and accept those as final unless we modify for any reason.
ARTICLE 4 - MODIFICATIONS TO SERVICE AND PRICES
Prices of our inventory on this website are subject to change without notice. Availability of products and cost of goods purchased wholesale by us may influence the prices that you, the user, see on our product pages.
The right to change, modify, or discontinue any parts of the Service is reserved exclusively by Penn Thrift, Inc. without notice and at any time. We are neither liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
ARTICLE 5 - PRODUCTS AND/OR SERVICES OFFERED ONLINE AND IN-STORE
Please note that certain products may be available exclusively online or in our brick and mortar entity, Penn Thrift Beverage, located at 6901 New Falls Road, Levittown, PA 19057. Such products may also be available in limited quantities.
We have made every effort to represent - as accurately as possible - the colors and images of our products that appear at 6901 New Falls Road. We cannot guarantee that your computer monitor or mobile phone display of any of the colors shown will be accurate.
-
We reserve the right, but are not obligated, to limit the quantities or sales of any products or services that we offer.
-
All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time.
-
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
-
Certain product descriptions bear notations that packaging may vary depending on the season. This does not affect the quality of the overall product.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including but not limited to:
‣ Accurate billing information (address and phone number)
‣ Email address
‣ Credit card number(s), expiration dates, and CVV/CSC (card verification code/card security code)
so that we can complete your transaction(s) and contact you as needed.
‣ We reserve the right to refuse any order placed with us that is done so by underage or intoxicated individuals.
‣ We may, in our sole discretion, cancel such orders in the event of the above. This includes orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address.
‣ We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers or resellers of any kind.
‣ Orders that are not picked up within the same day will be canceled in the event of the following:
a) Any of our staff being unable to contact the customer via text or phone call after the scheduled pick up time has lapsed and to organize an alternate pick up time.
➡ Please note that orders cannot be held past the same day order period and will be restocked in our store and online.
‣ In the event that we do cancel an order, we will also notify you by contacting via email and text message that the order has been canceled and reason for cancellation.
‣ As stated in our Return Policy, all sales are final and refunds cannot be issued should any and all of the above conditions exist.
SECTION 7 - OPTIONAL TOOLS
‣ We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
‣ You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
➡ We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
· Any use by you of optional tools offered through the site is entirely at your own risk and discretion. Please ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
· We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
If applicable, third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction(s). Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - PERSONAL INFORMATION
· Please consult our Privacy Policy for how your personal information is protected.
➡ For Shopify's Privacy Policy, please copy and paste this address to your browser: https://www.shopify.com/legal/privacy
➡ For Shopify's Cookie Policy, please copy and paste this address to your browser: https://www.shopify.com/legal/cookies
All transactions are protected by Shopify's TLS Transport Layer Security (TLS) encryption protocol.
➡ For more information, please consult Shopify Help Center's article titled "Transport Layer Security" by copying and pasting this address to your browser: https://help.shopify.com/en/manual/privacy-and-security/account-security/tls
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any details shown in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose(s);
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted due to utility (i.e. electric), Internet Service Provider (ISP), or mobile carrier outages.
‣ You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
‣ In no case shall Penn Thrift, Inc., its officers, employees, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Penn Thrift, Inc., affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 - SEVERABILITY
If any provision(s) of this Terms of Service shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provision(s) of this Terms of Service (including, without limitation, each portion of any Section, paragraph or sentence of this Terms of Service containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired th
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the state of Pennsylvania.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Any inquiries about the Terms of Service will be directed to our email shop.pennthrift@gmail.com.