INTRODUCTION AND ACCEPTANCE OF TERMS
This website offers consumers a convenient way to find, learn about, and purchase products from OPTE ( “we”,” us”, or “our”). We provide this website (the “Site”) subject to the terms and conditions set forth herein (the “Agreement”). The terms of this Agreement apply whether you are just visiting the Site or are a registered Account user (as described below). By using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, please do not use the Site.
Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Hamilton County, Ohio.
In accordance with our OPTE Store Policies, to make a purchase online, you must be a legal resident of the 50 states of the United States of America or the District of Columbia and be at least 18 years of age.
MODIFICATION OF THIS AGREEMENT
We may modify this Agreement or other policies set forth on the Site from time to time. When we modify this Agreement, we will update the “Last Updated” line above. It is your responsibility to regularly review this Agreement. Your use of the Site following the posting of an updated Agreement constitutes your acceptance of such updated Agreement.
If any part of this Agreement is found to be invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this Agreement.
The use of certain services on the Site requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is not required to make a purchase from the Site. In order to establish an account, you must:
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
RESERVATIONS AND PRE-ORDERS
Your placement of a reservation and pre-order does not create a contract for sale. By placing a reservation and pre-order for the Device that is not yet available for sale, you make an offer to purchase the Device subject to these Terms. We (or our third-party payment processor) will obtain an authorization from your bank or credit card Company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase the Device at any time prior to shipment and you will not be charged. You will receive an email several days prior to the shipment of the reserved Device in which you will have an option to cancel your offer and you will not be charged.
Later, when the Device is offered for sale, we may accept your offer to purchase the Device subject to these Terms. At that time, we (or our third-party payment processor) will capture payment on the payment card you provided and ship your Device. We (or our third-party payment processor) may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Device requested.
We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
MAKING A PURCHASE
If you wish to purchase a Device or other product through the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us (or our third-party payment processor) will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is not collected on orders.
We only sell Devices or products to individuals who can purchase with a permitted payment method. You are permitted to purchase only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to resale. We make no promise that the Device or products described in the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any Device or products ordered via the Service.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
ORDER ACCEPTANCE POLICY
The advertisement of the Device or any product through the Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order.
ORDER LIMITATION POLICY
Given the popularity of the Device or other products, we reserve the right to limit the quantities of items that can be purchased.
We currently accept the following payment methods:
If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.
TERMS OF SUBSCRIPTION
Purchase of subscription and receipt of the device constitute the acceptance of a 2 year contract. If at any time the purchaser would like to cancel the subscription, the purchaser is responsible for the remaining payments on the contract. In accordance with this, the purchaser is entitled to a 2 year warranty on the device while the subscription is active. If at any time we deem it necessary to recall the device, we reserve the right to do so and the purchaser will be compensated in full for any payments made towards ownership of the device.
MONEY BACK GUARANTEE POLICY
As part of our 30 day money back guarantee, the purchaser may at any time in the first 30 days from receipt of the device return the device to us and receive a refund in full of all payments made. The device must be returned with all associated parts and packaging and an assessment will be made of damage to the device. In the event of missing parts or damage on the part of the purchaser, the 30 day money back guarantee may be impacted, up to but not limited to financial responsibility for the full cost of the device on the part of the purchaser.
AVAILABILITY AND PRICING
All Devices or products offered through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering without prior notice. Prices are subject to change at any time, but changes will not affect any orders you have already placed. All prices and availability of products are subject to change without notice, up until the order is completed and confirmed. We make every effort to provide you the most accurate information on pricing and availability.
In addition, some of the items may be incorrectly priced or no longer available at the time you place your order. In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price.
SHIPPING AND DELIVERY
Orders will only be shipped to addresses within the fifty (50) states of the United States of America excluding the District of Columbia, Hawaii, Indiana, Kansas, Maine, Nevada, New Mexico, New York, Oklahoma and Wyoming. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive your order will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Our preferred shipping carrier is UPS. However, we reserve the right to use other shipping carriers. Sorry, we are unable to ship to P.O. Boxes. All items must be shipped to a valid street address. Shipping will be standard delivery and shipping charges are free, but subject to change at any time. Orders are typically delivered within 5 – 8 business days. Actual delivery time depends on shipping distance and may vary. Delivery to some remote addresses may require up to 2 additional days.
All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.) The Device and products available through the Site are not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Device and products are destined. We are not liable or responsible if you break any such law.
RETURNS FOR REFUND OR REPLACEMENT
We want to ensure your complete satisfaction so we will happily accept returns in accordance with the following Return Policy:
Defective, damaged or incorrect items:
If you are entitled to a refund or replacement product in connection with a return, the following conditions will apply:
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
RISK OF LOSS
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.