Terms and Conditions

Your Agreement

The jfallen.com website (“the site”) is owned and operated by John F. Allen & Son, Inc., 100 Meadow St., Warwick, RI  02886.  John F. Allen & Son, Inc. may be referred to as “John F. Allen” or as “we,” “us” or “ours.”

Your use of this website constitutes your agreement to these Terms of Use and to comply with them and be bound by them. Please read the Terms of Use carefully. If you do not agree with any of the Terms of Use, do not use the jfallen.com website.

Changes to Terms of Use

We reserve the right, at our sole discretion, to update, modify or remove portions of the Terms of Use at any time without prior notice. It is your responsibility to check the Terms of Use each time before using jfallen.com. Your continued use of this site following the posting of any change represents your agreement to be bound by and to comply with the terms of use in effect each time you visit jfallen.com. 

jfallen.com is a Wholesale E-commerce Site

John F. Allen & Son is a wholesale importer and distributor. In order to use our site, you must provide us with proof that you are a properly registered business licensed to operate in your local jurisdiction. John F. Allen & Son may, in its sole discretion, accept or refuse to allow any customer access to its e-commerce site.  Failure to provide the required proof of business registration will preclude access to this site.

Content, Copyright and Trademarks

Copyright 1999 - 2023 by John F. Allen & Son, Inc. All Rights Reserved. All media content and software included on this site are subject to trademark, service mark, trade dress, copyright and other property rights and are the property of John F. Allen & Son, Inc. and its content suppliers and are protected by United States and international copyright laws. Use of this website including the reproduction, modification, and republication of the products, content and/or John F. Allen & Son, Inc. or Pulver Importing. The John F. Allen & Son, Inc. logo is strictly prohibited without the written permission of John F. Allen & Son, Inc.

Product Images, Pricing and Color Depictions

We have worked hard to display our products accurately on this website. However, we do not warrant that this information is always accurate, complete or current.  All product images and color representations are best approximations and natural shade variations are unavoidable. Every effort has been made to ensure our pricing is current and accurate; we have no obligation to sell an item that is incorrectly identified or priced. We assume no risk or responsibility for your use or reliance on any of the products or content provided on this website. Caveat Emptor!

Customer Accounts

Access to the commercial portion of our website requires that you establish a private password-protected My Account (“your account”). You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by John F. Allen & Son or any other user of the site due to someone else using your password or your account. You may not use anyone else's password or customer account at any time.

John F. Allen & Son, Inc. reserves the right to cancel products, services or access to the site to any customer for any reason at any time. John F. Allen & Son will not be liable to you or to any third party for termination of services or site access.

An order is only considered accepted and filled upon shipment of an order. John F. Allen & Son, Inc. reserves its right to cancel or limit quantities of any item with or without advance notice. The customer’s sole remedy will be the return of any funds already collected in reference to any unshipped merchandise.

Collection and Use of Personal Information

Our Privacy Policy (click here to view) explains in detail what Personally Identifiable Information is required by John F. Allen & Son in order for you to conduct business with us. By registering to conduct business on our site you represent that you have read our Terms of Use and Privacy Policy and consent to the collection, storage and use of Personally Identifiable and Non-Personally Identifiable Information as described in the Privacy Policy. You acknowledge that these Terms and Conditions and Privacy Policy may change from time to time and as a condition of use of our site you agree to review the Privacy Policy before making any initial or subsequent purchases from our site.

As explained in the Privacy Policy, when you open an account with John F. Allen you grant us permission to communicate with you via e-mail or phone about your order each time you place an order.

John F. Allen makes use of technology and best practices to prevent unauthorized access to your personal information and maintain the security of customer transactions; however, we cannot be responsible for the acts of those who do gain unauthorized access.   

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL JOHN F ALLEN & SON OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THIS WEBSITE OR FOR LOST CONTRACTS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN ANY WAY ARISING OUT OF THE USE OR INABILITY TO USE THE GOODS, NONCONFORMANCE OF THE GOODS OR THE SHIPMENT, DELAY OR ANY OTHER ALLEGED BREACH, HOWEVER CAUSED, UNDER A CLAIM OF ANY TYPE OR NATURE, BASED ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR WARRANTY) EVEN IF THE POSSIBLITY OF SUCH DAMAGES HAS BEEN COMMUNICATED TO JOHN F. ALLEN & SON, INC.

THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND INTENTIONAL TORTS THEORIES) OR OTHER LEGAL OR EQUITABLE CAUSES OF ACTION OR PRINCIPLES. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF JOHN F ALLEN & SON INC.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JOHN F ALLEN & SON INC. AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

FURTHERMORE, IF ANY PROVISION OF THIS LIMITATION OF LIABILITY OR OTHER SECTIONS OF THE TERMS AND CONDITIONS IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THE OTHER PROVISIONS SHALL REMAIN ENFORCEABLE AND THE OFFENDING PROVISION SHALL BE ENFORCEABLE TO THE EXTENT THAT THE SCOPE OF THAT PROVISION CAN BE REDUCED TO MAKE IT REASONABLE AND VALID.