OPSEAT, LLC TERMS AND CONDITIONS OF SALE
Last UPDATED DATE: 12/27/16
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [OPSEAT, LLC], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through OPSEAT.com (the “Site”). These Terms are subject to change by OPSEAT, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced above. You should review these Terms prior to purchasing any product that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation; Product Availability. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between OPSEAT, LLCB and you will not take place unless and until we have sent your order confirmation e-mail.
Notwithstanding anything to the contrary herein, (i) all products shown on the Site are subject to availability; (ii) we only ship products to the contiguous 48 states of the United States of America; and (iii) we may cancel an order at any time prior to shipment including, without limitation, after we have sent your order confirmation e-mail. If we cancel any order, we will issue a refund back to you using the same payment method used by you to make the original purchase on the Site. Individual bank, credit card issuer, and payment service (e.g., PayPal) policies will dictate when this amount is credited to your account.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is accepted and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, without penalty.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, American Express, and PayPal for all purchases. You represent and warrant that (i) credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the credit card or other payment method utilized by you for the purchase, (iii) charges incurred by you will be honored by your credit card company, bank and/or other payment service, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, including original shipping and handling costs paid by you, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original, unused condition (i.e., no physical or cosmetic damage, including, without limitation, stains, scuffs or scratches) and with all original parts and components, as determined in our reasonable discretion. To return products, you must email our Returns Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five (5) business days of our receipt of your merchandise in returnable condition. Your refund will be credited back to the same payment method used to make the original purchase on the Site. Individual bank, credit card issuer, and payment service (e.g., PayPal) policies will dictate when this amount is credited to your account.
Notwithstanding anything to the contrary herein, Section 5 of these Terms only applies to returns and refunds for returns of products meeting the criteria set forth herein within 30 days of shipment. For returns of defective products, please refer to the Limited Warranty (as defined in Section 6 below).
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY. EXCEPT FOR ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE, THE LIMITED WARRANTY APPLICABLE TO PRODUCTS PURCHASED FROM OUR SITE ARE DETAILED IN OUR LIMITED CONSUMER WARRANTY AT OPSEAT.COM/WARRANTY/ OR IN THE DOCUMENTATION WE PROVIDE WITH OUR PRODUCTS (THE “LIMITED WARRANTY”). THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY ARE INCORPORATED HEREIN BY REFERENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY AND THE REMEDIES SET FORTH BELOW ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WE LIMIT THE DURATION OF AND REMEDIES FOR SUCH WARRANTIES TO THE WARRANTY PERIOD (AS DEFINED IN THE LIMITED WARRANTY) AND, AT OUR OPTION, THE REMEDIES DESCRIBED IN THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, ALL PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES FOR “AS IS” PRODUCTS SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Indemnity. You agree to indemnify, defend and hold us and our parent, affiliates, and members, managers, directors, officers, employees, agents and representatives, harmless from and against any and all third party claims, losses, damages or injuries of any kind or character (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with your breach of these Terms or use of the products purchase from the Site by any third party including, without limitation, any person under the age of 18.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS OR ON THE SITE TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL WE OR OUR PARENT OR AFFILIATES, OR OUR/THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, DIRECTORS, SUPPLIERS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, DELAY, LIQUIDATED, RELIANCE, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE, SALE OR USE OF THE PRODUCTS, THE SITE OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING IN THESE TERMS OR ON THE SITE TO THE CONTRARY, YOU AGREE THAT OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when such failure or delay is caused by or results directly or indirectly from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms, the Site, the products, or the Limited Warranty are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.
13. Choice of Forum. You irrevocably and unconditionally agrees that you will not commence any action, litigation, or proceeding of any kind whatsoever against us, our parent or affiliates, or any of our/their members, managers, directors, officers, representatives, or employees in any way arising from or relating to these Terms and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, warranty and statutory claims, in any forum other than the courts of the State of Florida sitting in Sarasota County or, if such court does not have subject matter jurisdiction, the US District Court for the Middle District of Florida, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the State of Florida sitting in Sarasota County or, if such court does not have subject matter jurisdiction, the US District Court for the Middle District of Florida. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OPSEAT, LLC.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact by recognized, national overnight courier (e.g., UPS or FedEx) or registered or certified mail to OPSEAT, LLC, 1560 Central Avenue #352, St. Petersburg, FL 33705. We may update the address for notices to us by posting a notice on the Site, which shall become effective upon posting. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms or the Limited Warranty is determined to be to any extent invalid, illegal, or unenforceable, it will be deemed stricken from these Terms or the Limited Warranty. All other provisions of these Terms and the Limited Warranty will remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable and that comes closest to expressing the parties’ original intent.