This page (together with the documents/web pages referred to on it) tells you the terms and conditions on which we supply all of the "Products" listed on our website www.obagonline.us.com ("our Site") to you.
Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
These Terms and Conditions were last updated 9th Feb 2016.
1. Information about Us
O BAG ONLINE USA ("us", "our" or "we") is a trading name of 'O BAG FL INC' which is registered in Florida. Our registered office and our main trading address is 2365 NW 70TH AVENUE UNIT C22, 33122 MIAMI, FL USA. TAX ID. 47-5149249.
2. Your Status
By placing an order through our Site you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. How the Contract is formed between You and Us
3.1 After placing an order you will receive an email 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 contract with us to buy the Products. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the "Despatch Confirmation" or "Shipping Confirmation"). The contract between us ("Contract") will only be formed when we send you the Despatch/Shipping Confirmation. The Contract is made by you with O BAG FL INC in relation to the supply of the Products.
3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch/Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch/Shipping Confirmation.
3.3 We reserve the right to refuse any order placed.
3.4 Items are supplied on the understanding that they will not be used for commercial resale.
3.5 We observe a policy of zero tolerance towards abusive correspondence of whatever nature directed at our staff and operatives.
4. Product Coloring and Condition
Due to the nature of the coloring process of some of the materials used in our Products, actual product colors may vary slightly from the images displayed on our website; this is not a product fault. Also due to the nature of the materials the moulding is not precise, so some products may have slightly rough edges and mould remnants, these are not product faults.
5. Availability and Shipping
5.1 Please double-check that the Shipping Address you provide is accurate - see sections 5.8 and 5.9.
5.2 Your order will be processed within 1 to 3 working days, unless there are exceptional circumstances for example seasonal closure of our distribution centre.
5.3 We will contact you if there will be a delay in processing due to Products that you have ordered being out of stock.
5.4 Your order will not be processed nor despatched until correct payment has been received by us.
5.5 Most packages need to be signed for as proof of delivery.
5.6 If no-one is at your shipping address to sign for and accept your package at the time of delivery, the courier may attempt a second delivery or may leave a card with an address where you need to pick the package up from, and a time limit. Please make sure you collect the package in time, as they may return packages to us if you don't and we reserve the right to ask for a second shipping charge to re-despatch your order to you.
5.7 Any arrangement outside of these conditions is at the customer's own risk - for example requesting that the courier deliver to a neighbour or leave the package in a certain place and therefore it is not signed for by the customer.
5.8 If the courier cannot deliver to the shipping address you provided on your order because it is an invalid or incorrect address, or no one was at the address to sign for the package, or you do not collect your package from their designated depot, or for whatever reason the courier cannot correctly and contractually deliver, then we cannot be held responsible and if the package is not returned to us for whatever reason you cannot ask for a refund or a replacement from us.
5.9 If packages are returned to us by the courier for whatever reason we reserve the right to ask for a second shipping charge. Example reasons - due to you providing us with an invalid or incorrect shipping address or due to no-one signing for or collecting the package from the courier.
5.11 If the courier fails to deliver a package within a reasonably expected time frame, we will investigate the issue with the courier before considering what action we will take next.
6. Risk and Title
6.1 The Products will be at your risk from the time of delivery to you.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including shipping charges.
7. Price and Payment
7.1 The price of all Products are displayed on our Site, except in cases of obvious error.
7.2 Product prices displayed exclude shipping costs and any tax.
7.3 The Shipping Charge will be calculated and shown to you on the CHECKOUT page once you enter a shipping address and prior to placing an order.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. If prices increase prior to your Despatch Confirmation we will contact you for instructions before despatching the Product.
7.5 Our Site contains a large number of Products and it is possible that despite our best efforts some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that where a Product's correct price is less than our stated price we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our Site we will contact you for instructions before despatching the Product.
7.6 We are under no obligation to provide Products to you at the incorrect (lower) price even after we have sent you a Despatch Confirmation if the pricing error is obvious or should otherwise have reasonably been recognised by you as a mispricing.
7.7 Payment for all Products must be by Debit or Credit card or by an unused and valid Gift Certificate balance. Your credit or debit card will be charged between the time when you place your order and when the Products are despatched.
8. Sales Tax
Sales tax is currently only charged if shipping is within Florida, Massachusetts and the District of Columbia.
9. Our Refunds and Exchanges Policy
9.1 We want you to be happy with your purchase. If you're not, you may be able to return the purchase(s) for an exchange item or a refund BUT ONLY IN ACCORDANCE WITH THE TERMS STATED IN OUR RETURNS POLICY HERE.
9.2 If you are sent the WRONG PRODUCT in error you must contact us no later than 14 calendar days of receipt of the Product to discuss a RETURN AND EXCHANGE.
9.3 GIFT CERTIFICATES - Products paid for using our Gift Certificates cannot be returned for a refund of the cash equivalent, however they can be exchanged for an alternative color/size if we receive an exchange request within 14 calendar days of receipt of the Products.
10. How to Request a Return for Exchange or Refund
13.1 The liability of O BAG FL INC in connection with any Product purchased is strictly limited to the purchase price of that Product.
13.2 Neither O BAG FL INC nor O BAG ONLINE USA accepts any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
13.3 We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
14. Law and Jurisdiction
The place of sale for all transactions conducted on this website is the US. All contracts made with us for the purchase of Products will be governed by Florida and US law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Florida.