Terms and Conditions

Terms of Use

Welcome to this website provided by Aleph Brick Co. Inc. (referred to collectively as "Aleph Brick"). In these Terms of Use, "Aleph Brick " encompasses its owners, subsidiaries, affiliates, officers, and directors. Your use of this website is contingent upon your acceptance of the following Terms of Use. Prior to accessing or using this website, please carefully review these terms to ensure a thorough understanding of your rights and obligations. By accessing and navigating this website, you consent to the terms and conditions outlined herein on behalf of yourself and any associated entity. Should you disagree, kindly refrain from accessing or using this website.

Electronic Communications

Unless stated otherwise, this website and its content are presented solely for the purpose of marketing, promoting, and selling Aleph Brick products and services. The website is operated by Aleph Brick from its offices in Brooklyn, New York. By using this Website or when sending emails to use, you are necessarily communicating with our company electronically. You consent to be provided with updates, notifications, and other communications from us electronically. By using this website, you agree that the agreements, notices and other communications provided by Us to you electronically sufficiently satisfy any legal requirement that the aforementioned category of communications be “in writing”.

Modification of Terms of Use

Aleph Brick reserves the right to alter or revise these Terms of Use whenever necessary and at its sole discretion. Any modifications will take effect immediately upon their publication on this website. Notice of significant changes will be prominently displayed on this website or communicated to you beforehand by way of email. By continuing to access the website after changes to the Terms of Use have been posted, you acknowledge and accept to be bound by all such modifications.

Privacy Policy

You acknowledge that your access to and utilization of this website are subject to the provisions outlined in Aleph Brick's Privacy Policy.

Site Information

The information and materials presented on this website, including product offerings, pricing, specifications, warranties, and other details, are subject to change without prior notice. Aleph Brick reserves the right to modify such information without any obligation to inform past, current, or potential users of the website.

Furthermore, if Aleph Brick provides you with the option to purchase products based on the information and materials available on this website, please note that they are relevant to products sold within the United States and may not necessarily apply to products sold in other countries. Certain products or services may not be accessible in specific regions.

The specifications listed on the website are intended for comparison purposes only. Prices listed may not always immediately display and include shipping and applicable taxes, which will be added to your online order. Prices for purchases made through third-party vendors are determined by those vendors, and therefore the actual resale price may vary.

Any mention of third-party products or services is purely for informational purposes and does not imply endorsement or recommendation by Aleph Brick.

All offers presented on this website are null and void where prohibited, and are subject to the publication of any official rules associated with such offers.

Compliance with Laws

As you access and utilize the website, it is your responsibility to adhere to all pertinent laws, regulations, and rules within your jurisdiction, including those governing online conduct.

Intellectual Property Rights

All textual, auditory, visual, and graphical elements, including but not limited to images, charts, data structures, photographs, icons, and the overall design, selection, and arrangement of content across various mediums on this website, are copyrighted materials belonging to Aleph, its vendors, or suppliers. The unique and original layout and presentation of this website are also considered protectable trade dress as per relevant laws. Additionally, numerous proprietary names and trademarks associated with Aleph and its affiliates are featured on this website. References to third-party trademarks and copies of third-party copyrighted materials may also appear, which remain the property of their respective owners. Nothing on this website should be interpreted as granting any license concerning Aleph's or any third party's intellectual property rights, whether through estoppel, implication, or otherwise. To be certain, our acceptance of an order, the manufacture of any tooling for your benefit, or the purchase of goods from us does not grant any license, either expressed or implied, under any patents or other intellectual property rights.

Any unauthorized usage of copyrighted materials, trade dress, trademarks, or any other intellectual property belonging to Aleph Brick or any third party is strictly prohibited and may be pursued to the fullest extent permitted by law.

Use of this Website

You are permitted to download and/or print a copy of the content from this website solely for your personal and internal use, on the condition that you do not alter or remove any copyright, trademark, or other proprietary notices. However, without prior written consent from Aleph Brick, you are prohibited from using, copying, modifying, distributing, mirroring, republishing, or transmitting any content or materials found on this website.

Furthermore, you are not allowed to compromise the security of any Aleph Brick network or system. Any such breaches may result in both criminal and civil liabilities. Additionally, you must refrain from attempting to probe, scan, or test the vulnerability of this website, or trying to breach any security or authentication measures, or monitoring data or traffic on our website. Interfering with the functioning of this website is strictly prohibited, including but not limited to any form of flooding technique or deliberate attempts to overload a system, such as denial of service attacks. Lastly, you may not employ manual or electronic methods to circumvent any use or access restrictions that may be imposed on this website.

Accounts

If you choose to access specific features and functionalities of the website, you may need to create an account. Accounts may not be created by any individual who is under the age of 18 years of age.

It is your responsibility to maintain the confidentiality of any information associated with the website, including your username and password. You are accountable for all activities carried out under your account. If you suspect unauthorized access to your account, please change your password immediately and notify us promptly. Remember to log out of your account after each session.

As you access and utilize the website, and allow others to do so using your account, you must comply with all relevant laws, regulations, and policies in your jurisdiction, including local rules regarding online behavior. You confirm that all information provided to us concerning your use of the website and account is accurate and complete to the best of your knowledge and belief. Your account is intended solely for your personal use and cannot be transferred or shared with others.

We reserve the right, at our discretion and for any reason permitted by applicable law, to suspend, deactivate, or terminate your account and access to the website without prior notice or liability. This action may occur if you violate these Terms, engage in unauthorized use of your username or password, behave abusively, contravene applicable laws or regulations, maintain an inactive account, or if it becomes commercially unfeasible to provide website or account services to you. Should your account be suspended, deactivated, or terminated, you are prohibited from creating another account without our prior written consent. You have the option to terminate your account at any time through the designated option on our website, if available, or by contacting us using the provided contact information below.

Submission / Feedback Information

Any feedback, comments, suggestions, ideas, or similar materials that you provide to Aleph Brick regarding the appearance or functionality of this website, or any Aleph Brick or affiliate product or service, will be considered non-confidential and non-proprietary. Aleph Brick reserves the right to utilize any and all such materials without prior notice or consent from you. These materials will become the property of Aleph Brick and may be employed for any purpose without restrictions, including but not limited to sharing, your product reviews and feedback throughout our social media and web-platforms. By submitting such information to Aleph Brick, you are granting Aleph Brick all copyright and other intellectual property rights to the information, at no cost. Aleph Brick may choose to publish such material, incorporate it, or utilize any concepts described in it within our products or on our website without any compensation, restrictions on use, acknowledgment of source, accountability, or liability, unless otherwise agreed upon in writing.

SMS ADVERTISING

By providing your mobile phone number to us, you consent to receive account and/or order related, promotional and marketing messages via SMS (Short Message Service) from Aleph Brick and its affiliates. These messages may include but are not limited to promotional offers, updates, and alerts related to our products or services. Standard message and data rates may apply. You may opt-out of receiving these messages at any time by following the instructions provided in the message or by contacting us directly. We may use third-party service providers to facilitate SMS advertising, and your personal information may be shared with them solely for this purpose. We will not share your personal information with third parties for their own marketing purposes without your consent. Please note that opting out of SMS advertising does not affect your ability to receive other types of communications from us, such as transactional messages or account-related notifications. For more information about how we collect, use, and protect your personal information, please refer to our Privacy Policy."

Social Media

The website includes links to Aleph Brick’s social media pages (e.g., Facebook, Instagram, Twitter, and YouTube) ("Social Media Pages"). As these pages are open for posting and tagging by anyone, the content posted may not necessarily reflect the views of Aleph Brick. We retain the right to remove any content from our Social Media Pages at our sole discretion. Additionally, we may take measures to block users from accessing our Social Media Pages if they violate these Terms of Use. It should be noted that any action such as following, liking, re-tweeting, favoriting, sharing, or re-posting an individual's content on our Social Media Pages does not constitute an endorsement of that third party or any service or company they may represent.

Third-Party Websites

Aleph Brick may provide links to other websites on the internet that are not owned or operated by Aleph Brick or its affiliates, as a convenience to our users. These third-party websites may include authorized resellers of Aleph Brick products and equipment, or various program affiliations.

These links are provided solely for your convenience, and their inclusion does not imply, directly or indirectly, any approval, association, sponsorship, or endorsement of the third party or its website by Aleph Brick. Aleph Brick bears no responsibility for the contents of any third-party website, including dealer or reseller websites. Similarly, Aleph Brick has absolutely no responsibility for any loss or damage that may arise from Your access and use of these third-party websites.

The content on this website may include videos and other embedded content, such as YouTube videos. Access to YouTube videos is also subject to YouTube’s Terms of Service, available here. By accessing such content, you agree to abide by YouTube’s Terms of Service.

Linking to any other pages or websites is done at your own risk. You should review and agree to a particular website’s terms and conditions of use before using it.

Website Unavailability

Without restricting the scope of the preceding section, the website may become unavailable or experience limitations for various reasons, and we shall not be held liable to you for any such unavailability. This includes, but is not limited to: (a) hardware, software, server, network, or telecommunication failures, (b) severe weather, war, riot, acts of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other governmental actions, (d) interruptions caused by utility and power companies, and (e) interruptions due to hacking or other malicious intrusions.

 

 

 

Terms and Conditions of Sale

Purchases

Every purchase conducted through this website is governed by this Terms of Use Agreement. The product price of each respective product will be listed on that product’s respective webpage. Purchases may be made on our website with a credit card or debit card. Should the credit or debit card details you provide be inaccurate or invalid, your payment will not be processed. Aleph Brick bears no responsibility or liability if your credit or debit card is declined by your financial institution and reserves the right to withhold shipment of your purchase until your full payment has been received by us.

Discount Codes

Aleph Brick may from time to time provide various Discount Codes for customers to take advantage of when purchasing Aleph Brick’s products. One such Discount feature is a “Spin-Wheel Discount”, which involves a virtual spin-wheel displayed on the Aleph Brick website where customers can click or interact with it to spin and receive a random discount.

When a customer spins the wheel, they are presented with various discount options, which may include percentage discounts (such as 5%, 10%, 15%, etc.) or fixed amount discounts (such as $5 off, $10 off, etc.). The discount awarded is determined randomly by our Website.

1. Participation and Eligibility: By participating in the Spin-Wheel Discount feature ("Feature") offered on our website, you agree to be bound by these terms and conditions. The Feature is available to all eligible users who meet the criteria outlined herein.
2. Randomized Discounts: The Feature provides users with the opportunity to receive a randomized discount on their purchase. The specific discount awarded is determined randomly by Aleph Brick and may vary between users.
3. No Guarantee of Outcome: Participation in the Feature does not guarantee any specific discount outcome. The discount awarded is based on chance and may result in various discount percentages or fixed amounts.
4. Single Use: Discounts obtained through the Feature are valid for a single use per customer and cannot be combined with other offers unless explicitly stated.
5. Expiration: All discount codes obtained through the Feature have an expiration date. It is the responsibility of the user to ensure that the discount is utilized within the specified time frame.
6. Non-Transferrable: Discount codes obtained through the Feature are non-transferrable and cannot be exchanged for cash or any other form of credit.
7. Modification or Termination: We reserve the right to modify, suspend, or terminate the Feature at any time without prior notice. Such modifications may include changes to the discount percentages, eligibility criteria, or other aspects of the Feature.
8. Abuse of Feature: Any attempt to abuse or manipulate the Feature, including but not limited to using automated means, will result in immediate disqualification and potential suspension of user privileges.
9. Acceptance of Terms: By participating in the Feature, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
10. Limitation of Liability: We are not liable for any losses or damages incurred as a result of the use or inability to use the Feature, including but not limited to any errors, malfunctions, or inaccuracies in the determination of discounts.

Shipping

When placing your order on the Website, you will be presented with a series of Shipping options. The shipping rates and delivery times will fluctuate according to the particular shipping address which you select and the address to which the item/s will be delivered. Once your order is placed, you will receive by email a confirmation receipt including tracking information for your item/s.

Upon the arrival of each shipment, it is imperative that you promptly inspect it. We will not entertain any claims of defect for any reason once the goods have been altered in any way, except for reasonable test quantities.

We aim to ship most orders on the same day or the next day, and we endeavor to ship all orders within 48 hours or less. However, during periods of high volume sales, special promotions, or popular product releases, orders may take up to 72 hours to be shipped.

Return Policy

If you are not completely satisfied with your purchase or wish to return or exchange your order for any reason, we're here to assist you! We offer free returns or exchanges within 18 days of receiving your order. You can opt to receive store credit or exchange for a different product. Should you decide to return your product, you are fully responsible for paying the shipping price for the return. Once we receive your returned item, we will issue you a store credit either directly to your account or via gift card mailed to your address.

Please take note of the following exceptions to our return and exchange policy:

• Returned items must be in their original packaging.
• Returned items must show no visible signs of wear or use.

Cancellation and Changes

Cancellation or modification of a shipment is not permitted within thirty (30) days of the scheduled ship date.

NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ALL CONTENTS OF THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. ALEPH BRICK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. ALEPH BRICK DOES NOT WARRANT THAT USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALEPH BRICK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR USE OF THIS WEBSITE. YOUR USE THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEBSITE.

Limitation of Liability

You acknowledge that our liability concerning warranties or any matters related to goods sold, delayed in shipment, or not shipped is restricted, at our discretion, to one of the following options: (a) refund or credit of the purchase price if not paid, (b) replacement, or (c) repair of the specific part of the goods implicated in the basis of the claim. Furthermore, we shall not be held liable under any circumstances for special, incidental, indirect, consequential, or punitive damages. ALEPH BRICK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF REVENUE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION, ADVICE, OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ALEPH BRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALEPH BRICK'S LIABILITY IN ANY CASE SHALL, HOWEVER, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ALEPH BRICK (ALONG WITH ITS AFFILIATES) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR YOUR VIOLATION OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ALEPH BRICK OR ANY OTHER PERSON OR ENTITY.

ALEPH BRICK AND ITS SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH RADIO FLYER AND ITS SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.

Arbitration Agreement

Should a dispute or claim involving your use of the Website, including but not limited to any purchase you make on this Website arise, you agree that it will be resolved by binding arbitration, instead of in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) Aleph Brick and/or its licensors reserve the right to bring actions in court to enforce their respective intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to these Terms of Service.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Service as a court would.

To commence an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:

Aleph Brick Co. Inc

P.O. Box 230195

Brooklyn, New York 11223

Attn: Legal / Arbitration Notice

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AND ALEPH BRICK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ALEPH BRICK EACH WAIVE ANY RIGHT TO A JURY TRIAL.

ASSIGNMENT

We reserve the right to assign our rights and delegate our duties under these Terms of Use to any party at any time without notifying you. However, you may not assign your rights or delegate your duties under these Terms of Use without our prior written consent. These Terms of Use benefit Aleph Brick's successors and assigns. Aleph Brick's failure to enforce any provision of these Terms of Use will not be considered a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will only be valid if in writing and signed by Aleph Brick. If any provision of these Terms of Use is found to be invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

Warranties:

Unless otherwise specified herein, we guarantee title and conformity of all goods sold in this Quotation. Apart from explicitly stated terms, WE DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE GOODS.

Force Majeure:

Neither party shall be held liable for any damages arising from circumstances beyond their control, including but not limited to acts of God, force majeure, labor disputes, adverse weather conditions, shortage of materials, equipment, or transportation, and/or court orders. Either party may exclude quantities affected by such circumstances, while the relevant agreement shall otherwise remain in force. If our ability to supply goods under this agreement is restricted by any of these circumstances, we reserve the right to reduce or cancel our commitment under the agreement entirely.

Miscellaneous:

This contract cannot be assigned or transferred voluntarily or by operation of law. If this document serves as an invoice, the information provided therein shall be considered prima facie evidence that the document was mailed within three (3) days of its date.

No Waiver:

Our failure to enforce strict adherence to the terms and conditions herein does not waive any rights or remedies we may have, nor does it waive any subsequent breach or default of the terms and conditions herein. No provision in this Agreement is considered waived by us unless such waiver is in writing and signed by an officer of Aleph Brick Co. Inc. These conditions are subject to modification by us without prior notice, and all such changes shall apply to orders dated after the change.

Termination

If you breach applicable laws or these Terms of Use, your access to the website will be immediately terminated, and we reserve the right to restrict your access. Aleph Brick retains the authority to suspend or terminate the website, either in part or in full, at any time at its sole discretion, for any reason. Aleph Brick will not be held liable to you or any other party for any damages arising from or related to the suspension or termination of your access to the website, or in the event that Aleph Brick modifies, discontinues, or restricts the availability of the website (either in part or in full).

 

SUPPORT

For any questions concerning anything contained within this Terms of Use agreement, please email us at contact@alephbrick.com.