OceanBargains Inc. and/or its affiliates ("OceanBargains") provide to you www.OceanBargains.com, and its products or services, subject to the following conditions. If you visit or shop through our Site, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms, that may affect your legal rights.
1. Acceptance of Our Terms
The “Terms” consist of these Terms of Usage, and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by OceanBargains at www.OceanBargains.com (the “Site”), and all products or services accessed through the Site. These Terms constitute a binding legal agreement (the “Agreement,” although we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and OceanBargains, Inc., its successors, subsidiaries and affiliates (“OceanBargains,” “we,” “us” and/or “our”). By using the Site, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING THE SITE. BY USING THE SITE, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered through the Site ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. Generally, the Additional Terms are intended to be supplemental to these Terms, but to the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
2. Electronic Communications
Communications between you and OceanBargains are electronic. You consent to receive communications from OceanBargains in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
You are responsible for maintaining the confidentiality of the details of your personal information and your password, and for restricting access to your computer to prevent unauthorized access to your account.
You accept responsibility for activities that occur under your account and you agree to take all steps to ensure your password is kept confidential. You agree to inform us immediately if you have reason to believe your password is being used in an unauthorized manner. For your protection, if we believe that any unauthorized access may occur or has occurred, OceanBargains may terminate such access without prior notice to you. You also agree that OceanBargains is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you. You acknowledge and agree that you are responsible for electronic communications sent from your computer.
Our secure servers protect your information using advanced encryption techniques and firewall technology.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
The following are the types of information we collect through this Site: Name, address, Telephone numbers, and Email addresses. This information is obtained when you place an order for the repair of an electronic device. We use the information provided only in order to complete your order and keep you informed of OceanBargains products and services relating to your order. Also, the information may be used to maintain customer accounts and billing records. We do not sell, license, or share information that identifies our customers with any entity not directly involved in the repair of your device.
OceanBargains will not disclose any personal data without your permission unless we are legally entitled to or obliged to do so (if, for example, we are compelled to do so by Court Order or for purposes of preventing a fraud or other crime). We will never share or use the personally identifiable information you have provided to us in ways unrelated to the ones described above without first providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
4. Privacy on Other Web Sites
5. Conditions Placed on Your Use of the Sites and Services
Your permission to use the Site is conditioned upon your agreement that you:
• will comply with these Terms;
• are 18 years of age or older;
• are able under law to form a binding contract with us;
• are not prohibited by law from accessing our Site or have not previously been banned, terminated or otherwise denied access to our Site by us;
• are not acting on behalf of a person whose access to our Site has been previously terminated or otherwise denied by us;
• will not impersonate another user of the Site.
6. Ownership of this Site
The Site (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Site (collectively, the "Content") are owned, controlled or licensed by OceanBargains, Inc., its subsidiaries or affiliates.
7. Intellectual Property
OceanBargains.com is operated by the owners of OceanBargains. Unless otherwise specified, materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of OceanBargains, the owner of this site. Trademarks and service marks, including, without limitation, those of “OceanBargains,” which appear on the Site are the service and trademarks of OceanBargains or affiliated entities. Without OceanBargains's prior written permission, you agree not to display or use, in any manner, any such marks. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of OceanBargains, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited.
8. Access to this Site
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Site. You are expressly prohibited from:
• any resale or commercial use of the Site, the Content and/or any of the other materials found thereon;
• any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive OceanBargains featured hereunder or any commercial purpose, including marketing;
• any downloading or copying of Site or portions thereof, or Account information, for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;
• deep-linking to any portion of the Site;
• framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
• using the Site to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
• attempting to gain access to secured portions of the Site to which you do not possess access rights;
• using the Site to generate unsolicited email advertisements or spam; or
• using any automatic or manual process to search or harvest information from the Site, or interfering in any way with the proper functioning of the Site.
Any unauthorized use of the Site and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of www.OceanBargains.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
9. Third-Party Links and Contents
10. Content Submitted by You
The Site may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on the Site that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. OceanBargains reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Site are those of the respective author(s) or distributor(s) and not of OceanBargains.
If you do post User Content or submit material, and unless we indicate otherwise, you grant OceanBargains a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant OceanBargains and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify OceanBargains for all claims resulting from User Content you supply. OceanBargains takes no responsibility and assumes no liability for any User Content posted by you or any third party.
11. Product Submissions
OceanBargains does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of OceanBargains (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to OceanBargains through the Site, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to OceanBargains the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with OceanBargains, you may do so by: (A) notifying OceanBargains by clicking on the “Contact Us” link on this Site, or (B) closing your Accounts for all of the services that you use through this Site.
OceanBargains may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) OceanBargains is required by law to do so; (iii) the partner with whom OceanBargains has offered the Services to you has terminated its relationship with OceanBargains or ceased to offer the Services to you; (iv) OceanBargains no longer provides services in the country in which you reside; or (v) OceanBargains determines that the provision of services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, OceanBargains reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, OceanBargains may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which OceanBargains, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Site.
13. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES OFFERED THEREUNDER “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Site or the services offered, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OCEANBARGAINS’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCEANBARGAINS AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES OFFERED THEREUNDER ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM OCEANBARGAINS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THESE TERMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN OCEANBARGAINS REPRESENTATIVE SHALL CREATE A WARRANTY.
14. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OCEANBARGAINS, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITE. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS STATED ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE OCEANBARGAINS FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
Any dispute or claim relating in any way to your use of any OceanBargains Service, or to any products or services sold or distributed by OceanBargains or through www.OceanBargains.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
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 terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter, requesting arbitration and describing your claim, to OceanBargains, Inc., PO Box 1071 Newburgh. NY 12551. The letter will be forwarded to the Company’s registered agent. 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. 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.
We 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Indemnification and Release
You agree to defend, indemnify and hold harmless OceanBargains and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any of the Terms of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Site
OceanBargains reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Site and from any claims related to the conduct of any other customers of ours or any merchants.
17. Applicable Law
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and OceanBargains that arises out of this Agreement shall be governed by the laws of the State of New York without regard to conflict of laws principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
18. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for OceanBargains’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
PO Box 1071
Newburgh, NY 12551
19. Entire Agreement, Changes to this Agreement and Waivers
These Terms, and any other legal notices or supplemental terms published by OceanBargains on the Site shall constitute the entire agreement between you and OceanBargains concerning your use of the Site. We may occasionally change the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Site after any modifications to the Terms will indicate that you accept and agree to the modified Agreement. These modifications will however be effective immediately for new users of our Site. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of OceanBargains’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of OceanBargains. No purported waiver or modification of this Agreement by OceanBargains via telephonic or email communications shall be valid.
20. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND OCEANBARGAINS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OCEANBARGAINS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Site immediately.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Additional Terms Governing the Purchase of Our Products
OceanBargains provides consumers with opportunities to purchase exceptional products, through its Site, which are available for a finite period and usually for a discounted price (each an “OceanBargains Product”). All promotions are limited in terms of time and stock and all orders are subject to availability. OceanBargains Products are not available for resale.
These Additional Terms (together with the Fine Print on each OceanBargains Product page) tell you the terms and conditions under which we supply any of the OceanBargains Products listed on our Site to you. Please read these Additional Terms and carefully and make sure that you understand them, before ordering any OceanBargains Products from our Site. You should understand that, by ordering any of our OceanBargains Products, you agree to be bound by these Additional Terms. You should print a copy of these Additional Terms for future reference.
A. How It Works
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a OceanBargains Product. All orders are subject to acceptance by us and availability of the OceanBargains Product, and we will confirm such acceptance to you by sending you an e-mail that confirms that the OceanBargains Product has been shipped (Shipping Confirmation). OceanBargains is not obligated to supply any items until we confirm with you by this Shipping Confirmation.?In the event that the OceanBargains Product you have ordered is out of stock, we will try to inform you as soon as we are made aware by our supplier.
B. Product Descriptions
OceanBargains attempts to be as accurate as possible. However, OceanBargains does not warrant that product descriptions or any other content of this site is accurate, complete, reliable, current, or error-free. If an OceanBargains Product is not as described, your sole remedy is to return it in unused condition.
C. Refund Policy
(i) Unless indicated in the Fine Print as Final Sale or otherwise ineligible for returns, you may return a OceanBargains Product within 30 days following delivery. In the event of a “Final Sale” promotion, you are able to apply for a refund only if the OceanBargains Product you received is different from what you ordered or is damaged or defective. For any return, you must request a return authorization from OceanBargains. You may make your request by clicking on the “Contact Us” link on this Site. The request should include the product’s order information: the Order Number and a complete description of the product being returned. Upon receipt of your request, we will send you a return merchandise authorization (RMA), which must be included in your return package with the OceanBargains Product. Only items returned with an RMA will be accepted for return. You must return the OceanBargains Product to us as soon as reasonably practicable and within 30 days following delivery of the OceanBargains Product. You have a legal obligation to take reasonable care of the OceanBargains Product while it is in your possession. The OceanBargains Product must be returned unused and unopened. Except in the case of damaged or defective OceanBargains Product, OceanBargains reserves the right not to refund you for any OceanBargains Product returned by you that is incomplete, damaged or in an otherwise unsellable condition. For more information about Returns.
(ii) If you return a OceanBargains Product to us:
• For any reason during the 30-day return period, we will try to process the refund due to you as soon as possible and no later than 30 days from the day when the return is received by our returns receipt facility, in which case, we will refund the price of the OceanBargains Product in full minus the shipping fee indicated in the Fine Print. All items returned to OceanBargains should be returned in the same condition as they were when sent, unused and with the original packaging undamaged. If they are not returned in their original condition, the customer will be charged a restocking fee of 20% of the product’s original cost.
• Because the OceanBargains Product is damaged or defective, we will examine the returned OceanBargains Product and if we agree that the OceanBargains Product is damaged or defective we will issue a refund, in which case we will notify you of your refund via e-mail within a reasonable period of time. We will try to process the refund due to you as soon as possible and no later than 30 days from the day we confirmed to you via e-mail that you were entitled to a refund. We will refund you all amounts paid by you for the defective OceanBargains Product, including shipping.
OceanBargains will usually refund any money received from you in the same method originally used by you to pay for your purchase.
D. Delivery and Shipping
We try to ship all OceanBargains Products by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within 30 days of the date of the Shipping Confirmation, unless there are exceptional circumstances. You agree and acknowledge that your shipping information provided may be shared with third parties, including our merchants, suppliers or fulfillment vendors, to facilitate shipping. If the shipping information in your Shipping Confirmation is incorrect, you may change your shipping address only if you request the change within twenty four hours from the time of your order. You may make your request for an address change by clicking on the “Contact Us” link on this Site.
E. Failed Delivery
Due to its supply process, OceanBargains is normally unable to provide replacements for incorrect or defective OceanBargains Products or undertake repairs for failed delivery. Subject to a full investigation by us with our supplier and with our distributor, OceanBargains will provide a full refund for a defective, incorrect or missing OceanBargains Product.
F. Risk and Title?
All items purchased from OceanBargains 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. OceanBargains does not take title to returned items until the item arrives at our designated return receipt facility. At our discretion, a refund may be issued without requiring a return. In this situation, OceanBargains does not take title to the refunded item.
G. Price and Payment?
The price of the OceanBargains Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error. OceanBargains strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. OceanBargains reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, OceanBargains will notify you by email. In addition, OceanBargains reserves the right, at its sole discretion, to correct any error in the stated full retail price.?OceanBargains Product prices and delivery or returns fee charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
H. OceanBargains Products Available For Sale?
The Site can be accessed from countries around the world. You understand that some or all OceanBargains Products provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. OceanBargains reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a OceanBargains Product to a person residing in any jurisdiction or geographical area. OceanBargains does not represent or warrant that any OceanBargains Product promoted on the Site will be available for purchase by any particular person.