Terms of Use


Use of the Website

This website is owned and operated by American Nautical Services, Inc. (hereafter, "ANS"), a Florida corporation. By accessing the website, you (hereafter, "the buyer") warrant and represent to ANS that you are legally entitled to do so and to make use of information made available via the website.

 

Changing Nature of the Website

All e-commerce sites are subject to change due to the changing nature of the commerce they represent. ANS will make all reasonable efforts to ensure that the information and content contained in this site is accurate at time of inclusion. ANS will make on-going efforts to maintain current industry information on the site and to provide the site with appropriate maintenance and upgrades as it deems necessary. This process may, from time-to-time, give rise to the discovery of inaccuracies, omissions or information that is not up to date. ANS may at any time add, delete, correct or otherwise change any part of the information or content, including revising prices, without notice to the buyer and without liability to ANS.

 

External Links

ANS has provided various links from its site to other web sites, which may be of interest to the buyer. ANS exercises no control over such sites and accepts no responsibility for the security or content or any other aspects of such linked sites. ANS does not endorse any of the linked sites, their content, merchandise, services, views, opinions or any other consideration attached to the linked sites.

 

The Internet, An Unstable Medium

The Internet is a changing and potentially unstable medium, and errors, omissions, interruptions and delays may occur. Communications sent over the Internet may be subject to unauthorized or unlawful intervention or tampering, or infection by viruses or other adverse items. ANS accepts no responsibility for any such unauthorized or unlawful acts, or any damages or losses, which the buyer may suffer as a result of the use of the Internet to access this site or to communicate with ANS.

 

Trademarks and Copyrights

ANS is the registered owner of the domain name www.amnautical.com. All other brand names, product names and titles and copyrights used in this site are trade marks or trade names or copyrights of their respective holders. No permission is given by ANS with respect to the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.

Permission is granted to electronically copy and print portions of this site for the sole purpose of placing an order with ANS. Any other use of materials or substance of this site, reproduction for purposes other than those noted above and modification, distribution, or republication without the prior written permission of ANS is strictly prohibited.

 

Order Fulfillment & Returns

All orders are subject to both product availability and acceptance or rejection of the order by ANS at its sole discretion. ANS reserves the right to refuse to supply any individual or fiduciary, for whatever reason, the products and services offered on this site.

Damaged Goods Claims: Returns and refunds predicated on receipt of damaged goods must be filed with ANS within 72 hours of receipt of the goods from the carrier. The buyer should take photos of the packaging and damaged goods at time of delivery and provide such proof of damage to ANS via email.

Returns & Refunds – General: Goods will be considered accepted by the buyer unless intent to return notice is sent via email by the buyer to ANS within fifteen (15) days of shipment. Credit will not be allowed for products returned without prior consent by ANS. The buyer must provide a written statement describing the reason for the return and return the product(s) to ANS in the same or similar packaging as sent. The returned products must be in sound saleable condition and shipped by prepaid freight to ANS. Condition to be determined by ANS at time of return of goods to ANS.

In the event that ANS has insufficient stock to deliver the goods ordered, or ANS does not accept the order for any other reason, any sum charged by ANS from the buyer’s credit card will be credited to the buyer’s credit card as soon as possible, no later than 30 days after the order. Such a refund shall be the only payment due from ANS to the buyer.

Non-Returnable, Non-Refundable Products and Circumstances: Custom orders and/or print on demand charts (“POD Charts”) cannot be returned once ordered. Also, digital products requiring activation (e.g. Hazcheck software, IMO Digital publications, etc.) cannot be returned once activation details have been supplied to the buyer. Delay in delivery caused by a common carrier does not constitute fault by ANS and does not warrant return or refund of the goods under any circumstance. 

 

Warranties

ANS makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

 

Disclaimer of Liability

ANS shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the buyer or any third party (including the buyer's company), as a result of or which may be attributable, directly or indirectly, to the buyer's access and use of the website, any information contained on the website, the buyer or the buyer's company’s personal information or material and information transmitted over the ANS system. In particular, neither ANS nor any third party or data or content provider shall be liable in any way to the buyer or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

 

Conflict of Terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of the buyer's use of the relevant section or module of the website.

 

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

Force Majeure

ANS shall have no liability to the buyer for any failure to deliver goods the buyer has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control including but not limited to the actions or inactions of a third party carrier or delivering agent of the buyer, government actions, war, fire, explosion, flood, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of goods or services.

 

Applicable Laws

Use of this website shall in all respects be governed by the laws of the state of Florida, U.S., regardless of the laws that might be applicable under principles of conflicts of law. ANS and the buyer both agree that the Florida courts located in Broward county, Florida, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

 

Privacy Policy

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@amnautical.com or mailing us at:
American Nautical Services
3311 S Andrews Ave, Suite 11 Fort Lauderdale Florida US 33316

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at sales@amnautical.com or by mail at
American Nautical Services
[Re: Privacy Compliance Officer]
3311 S Andrews Ave, Suite 11 Fort Lauderdale Florida US 33316

 

Entire Agreement

These terms and conditions, together with the information set out in the following related documents, comprise together the whole of this agreement relating to the supply of goods or services to the buyer from ANS:
  • current website prices;
  • delivery instructions supplied by buyer to ANS;
  • terms and conditions of any applicable carrier way bill;
  • the Privacy Policy of this site.

ANS may amend this agreement at any time by posting the amended terms on the site. All amended terms shall automatically be effective after they are initially posted on the site. This agreement may not be otherwise amended except in a writing signed by a corporate officer of the buyer and ANS. In particular no verbal representation by an employee or corporate officer of ANS shall be construed as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods or services offered for sale by ANS.