Ordering Policies, Terms & Conditions
Ordering:
If you want to roll with us youre going to have to come up with our $100.00 minimum
order. Drop ship orders, "verifiable operating websites and eBay accounts" (and we do check!) will have no minimums. Our AdultTurnkeySuperstore.com operators also have no minimums.
Any merchandise not in stock will be automatically canceled. You can specify
that we replace any out of stock items with an substitute item of similar design
and price by telling us that in the "Comments" section of the checkout
page.
Shipping:
Most orders are shipped within 24 to 48 hours of placement in MOST cases. We
are NOT responsible if your eBay customers cancel orders for any reason. Back orders
are not held and any items that are out of stock will be refunded and you will
need to reorder. All orders are shipped USPS Priority Mail, USPS Priority International, UPS and Fedex Ground.
The customer is responsible for all freight charges, insurance, handling charges
and customs fees. Drop ship orders will be sent either Fedex Ground, UPS Ground, USPS
Priority and USPS Priority International. If we are drop shipping for you, it is best you tell your customers
to expect a 5 to 10 day delivery time in MOST cases.
You will receive email confirmation with tracking numbers once your orders
have shipped. To check status of an order you will simply log into our website
under your user account and in the upper right you will see “Order History”
button, click it and hit the “search button” to view your orders
history.
IMPORTANT! When you checkout, the shipping costs are an estimate,
and the actual shipping costs could be more, or less than what the
shopping cart calculates/estimates. In that case, what we do is simply charge your card
the difference or reconcile your order and credit your credit card if it's less
than the cart charged you. We will send you an email letting you know this either
way after your order has been processed and shipped.
International Ordering & Shipping:
All international orders over $50.00 USD MUST be paid via
wire transfer, NO exceptions! After you have placed several orders
with us, and we are tight, and we let the juice roll, we can talk about accepting
credit card as a primary payment method. We assume NO responsibility for your
shipments once they have left our warehouse. We accept no responsibility if
your items are opened, damaged, and or confiscated by your countries customs
agents etc. Make sure you insure your orders. You the customer are responsible
for all freight charges, insurance, handling charges and customs fees. We ship
all international orders via US Postal Priority Air Mail or USPS Express Mail.
Refused orders:
You will be charged a 25% restocking fee plus all applicable freight and handling
charges will be added. Further, the customer will have to pre-pay the re-shipped
order. If the fault is with OvniWholesale.com the order will be fully credited
or reshipped at our expense. For drop shipping, if the mail couriers fail to
locate your customers address we assume NO liability for failed shipments and
you agree to pay all re-shipping costs, fees and or refunds due to your customers
if they cancel the order. .
Damages & Shortages:
Any damages or shortages must be reported to contact1@OvniWholesale.com within 48 hours
of receipt of goods. NO exceptions! All merchandise that leaves our warehouse
is inspected as it is pulled and packed and is shipped in excellent condition.
If the cartons are delivered damaged, opened or re-taped, you MUST file a claim
with the carrier at the time of delivery. No exceptions will be made here. Save
the original cartons and packaging for inspection by the carrier. If we are
drop shipping for you, it’s in your best interests to tell your customers
about the 48 hour damage report clause. You have been warned!
Returns:
ALL SALES ARE FINAL! Due to the ”health related” nature of our products,
only manufacture defects or items with concealed damages as a result of shipping
will be authorized for return. The merchandise returned must be in original
packaging and free of any and all customer markings, tags or stickers. All returns
must have a return authorization number. Unauthorized returns will not be accepted.
Any return deemed salable will be subject to a restocking fee or will be returned
to the customer at the customer’s expense. Items discontinued by OvniWholesale.com
and or its manufacturers are not returnable and no credit will be issued. Authorizations
expire 30 days from the issue date. Email us to obtain a return authorization
(RA) number.
Turnkey Superstore Sales:
Due to the duplicateble nature of this product, all sales are final and you agree to waive all charge back claims as a result. Optional add-ons are also non-refundable including but not limited to, graphic templates, SSL certificates and monthly web fees. Please note, we do NOT transfer any shopping cart licenses for a grace period of 12 months. Once 12 months has passed, you may request a license transfer.
IMPORTANT:
ITEMS SOLD BY US ARE SOLD AS ADULT NOVELTIES. THERE MAY BE ITEMS IN OUR INVENTORY
THAT ARE NOT LEGAL IN YOUR CITY, COUNTY, STATE AND OR COUNTRY. IT IS YOU THE
CUSTOMERS RESPONSIBILITY AND OBLIGATION TO CHECK LOCAL, COUNTY, STATE AND COUNTRY
LAWS AND ORDINANCES BEFORE ORDERING. WE ASSUME NO RESPONSIBILITY FOR ITEMS ORDERED
BY YOU THAT ARE DEEMED ILLEGAL BY YOUR PLACE OF ORIGIN.
BY ORDERING OUR PRODUCTS YOU HEREBY AGREE TO HOLD OVNIWHOLESALE.COM AND ITS
AFFILIATES AND OFFICERS COMPLETELY HARMLESS FOR ANY AND ALL LEGAL MATTERS, FEES,
AND OR DAMAGES TO YOUR BUSINESS, PERCEIVED OR OTHERWISE THAT WOULD ARISE OUT
OF ANY USE OF OUR PRODUCTS AND OR SERVICES.
All order inquiries should be emailed to us at: contact1@OvniWholesale.com
NOTE: These polices apply to all drop ship customers as well. These policies
are subject to change at any time without prior notice.
WEB SITE USER AGREEMENT BETWEEN USER AND OVNIWHOLESALE.COM.
This Web site (the "Site") is offered to you by Ovni Holdings, LLC. 7477 W. Lake Mead Blvd., Suite 170 Las Vegas, Nevada 89128, (the "Company") on the condition that you accept
the terms, conditions, and notices contained in this Web Site User Agreement,
and any amendments (the "Agreement") and on other pages of the Site. YOU AGREE
TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOU MAY NOT ACCESS
OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. BY USING THIS WEB SITE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT AND YOU
AGREE TO THEM. The Company reserves the right to change the terms, conditions
and notices under which this Web site is offered at any time in its sole discretion,
and your continued use constitutes agreement to any such changes.
PERSONAL AND NON-COMMERCIAL USE
This Site, including all information, text, graphics and code (collectively
"Content"), is copyrighted and protected by worldwide trademark, trade dress,
copyright and other intellectual property laws and treaty provisions (Copyright
© 2000-2008 Ovni Holdings, LLC. and/or its suppliers. All rights reserved.)
OvniWholesale.com,. and other names, products and/or services referred to on
the Site are trademarks or registered trademarks of OvniWholesale.com. Other
product and company names mentioned on the Site are the trademarks of their
respective owners unless otherwise specified.
We authorize you to view and download and copy the Content for your own personal,
non-commercial use as long as you maintain all copyright and other notices contained
in the content, with all other rights reserved. You agree to comply with all
copyright laws worldwide in your use of this site and to prevent any unauthorized
copying of the Content. Except as expressly provided herein, the Company does
not grant any express or implied intellectual property right to you. REPRESENTATIONS
AND WARRANTIES
You represent and warrant that:
1. you are at least 18 years of age and have the legal right to possess adult
oriented materials and sex toys in your community and legal jurisdiction.
2. You have provided true, accurate, current and complete information about
yourself as prompted on the site. Your billing address should be the address
and phone number your credit card bank has on file for you.
3. You will not use this Web site for any purpose that is improper, unlawful
or prohibited by the terms, conditions or notices in this Agreement and on this
Web site and that you will act in good faith in your relationships with OvniWholesale.com,
Inc.
4. You are not a partner, employee or owner of ovniWholesale.com.
5. You understand that you will be exposed to visual images, verbal descriptions
and audio sounds of a sexually oriented, frankly erotic nature, which may include
graphic visual depictions and descriptions of nudity and sexual activity. You
affirm that you are voluntarily choosing to do so, because you want to view,
read and/or hear the various materials which are available, for your own personal
enjoyment, information and/or education. Your choice is a manifestation of your
interest in sexual matters, which is both healthy and normal and, which, in
your experience, is generally shared by average adults in your community. You
are familiar with the standards in your community regarding the acceptance of
such sexually oriented materials, and the materials you expect to encounter
are within those standards. In your judgment, the average adult in your community
accepts the consumption of such materials by willing adults in circumstances
such as this which offer reasonable insulation from the materials for minors
and unwilling adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive.
PROHIBITED ACTIVITIES.
You agree not use the Web site to:
Upload, post or otherwise transmit any
communication or material that is unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive of another's privacy, that infringes any
copyright, trademark, trade secret, patent or other proprietary right, disruptive
to the site, harmful to minors, hateful, or racially, ethnically or otherwise
objectionable;
Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any communication transmitted through the Web site;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation except as otherwise expressly authorized by
the Company;
Disrupt or interfere with the operation of the Web site or any
servers or networks connected to the Web site service or disrupt any other user's
enjoyment of the Site of any affiliated or linked sites;
Violate any applicable
local, state, national or international law or regulation;
Upload, post or
otherwise transmit any obscene material or material containing child pornography.
Upload, post or otherwise transmit any material containing viruses, Trojan
horses, worms, time bombs, cancel bots, Easter eggs or other computer programming
routines that may damage, detrimentally interfere with, or surreptitiously intercept
or expropriate any system, data or personal information.
Deep link to this
Site, use any meta tags or other hidden text using our name, trademark or product
name, or frame any Content without our express written consent;
Collect or
store personal data about other users.
INDEMNITY You agree to indemnify and hold the Company, its directors, officers,
agents, affiliates, suppliers and employees harmless from any and all claims,
losses, damages, liabilities, costs and expenses (including reasonable attorney's
fees) which arise out of, are connected with or directly relate to your use
of the Site, the products obtained through the site or any violation of this
Agreement.
USE OF INFORMATION AND PRIVACY The Company may monitor your use of the Site
and may ask that you provide personal information, including financial information.
You understand and agree that the Privacy Policy may change from time to time.
CONTENT PROVIDED BY YOU
By posting messages or engaging in other communication to the Company or this
Site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free license to use, download, copy, reproduce, modify, distribute,
publish, transmit, transfer, sell, license, display, perform, adapt and otherwise
exploit such communication in all media now known or hereafter devised, and
you agree that the Company is free to use any ideas, concepts or know-how that
you or individuals acting on your behalf provide to the Company. You further
recognize that the Company does not want you to, and you represent and warrant
that you shall not, provide any information or materials to the Company that
are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that
incorporate the proprietary material of another. You acknowledge and agree that
communications and transmission to and from the Company Web site are not confidential.
You waive all rights to any claim against the Company, its directors, officers,
agent, suppliers or employees for any alleged or actual infringement of any
proprietary, privacy, publicity, moral or attribution rights in connection with
such communication.
LINKS TO OTHER WEB SITES
The Site may contain links to Web sites operated by parties other than the Company.
The links are provided for your convenience only. The Company does not control
the Web sites and is not responsible for the content on such Web sites. By offering
links, the Company is not implying that it endorses anything contained on such
Web sites or has any association with the operators of the Web sites.
LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES
Information or advice received from this Web site should not be relied upon
for personal, medical, legal or financial decisions. You should consult an appropriate
professional for specific advice tailored to your situation.
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES AND ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY
OR TIMELINESS OF THE CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE.
ALL INFORMATION AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLELY WITH A LIMITED WARRANTY.
OTHER THAN THE LIMITED WARRANTY FOR PRODUCTS DESCRIBED ABOVE, THE COMPANY AND
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT
LIMITATION) ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE
COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA,
LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS
OR SERVICES OBTAINED THROUGH THE SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT
BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Some jurisdictions do not allow the limitation of liability or exclusions of
certain warranties or liability, so some of the above limitations may not apply
to you. If you are dissatisfied with any portion of this Web site or with any
of these terms of use, your sole and exclusive remedy is to discontinue using
this Web site.
RELATIONSHIP
There is no confidential, fiduciary, contractually implied or other relationship
created between you and the Company other than as stated in this Agreement.
You agree that no joint venture, partnership, employment or agency relationship
exists between you and the Company as a result of this Agreement or use of this
Web site.
INTERNATIONAL USERS
This Web site is controlled, operated and administered by the Company from its
offices within the United States of America. The Company makes no representation
that materials at this site are appropriate or available for use at other locations
outside of the United States and access to them from territories where their
contents are illegal is prohibited. You may not use the site or export the Content
in violation of any applicable laws and regulations. If you access this site
from a location outside of the United States, you are responsible for compliance
with all local laws.
GENERAL
This Agreement is governed by the laws of the United States and of the State
of Nevada. Unless otherwise agreed in writing, any claim, dispute or controversy
of any kind, in any way arising out of or relating to the Site, this Agreement,
or any purchase made through the Site (excepting any claim, dispute or controversy
relating to intellectual property rights) shall be subject to exclusive, final
and binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association, and conducted in Las Vegas, Nevada,
and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Any litigation relating to this Agreement shall be subject to the jurisdiction
of the Federal Courts of the District of Las Vegas, Nevada, with venue lying
in Las Vegas, Nevada, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys fees and
expenses. You agree that any cause of action you may have with respect to your
use of the Site, this Agreement or any purchase made through the Site must be
commenced within one (1) year after the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal
or otherwise unenforceable, such provision shall be deemed to have been deleted
from this Agreement. The remainder of this Agreement shall remain in full force
and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties
with respect to the use of this Web site. It supersedes all prior oral or written
understandings and agreements relating to use of this Web site. Company's waiver
of any provision of this Agreement shall not be deemed to waive it for the future.
You agree that we may, in our sole discretion, at any time and without cause,
may terminate your use of the Site or any portion of the Site, without liability
to you. Sections entitled Liability Limitation & Disclaimers of Warranty, Indemnity,
and General will survive any termination of this Agreement.
NOTICES
Except as explicitly stated otherwise, notice to the Company must be given by
postal mail to Ovni Holdings, LLC, Attn. Legal Department, P.O. Box 28909. Las Vegas, Nevada 89126 and notice to you may be given by an e-mail sent to
the address you provided (if any) or by a general notice posted on the Site.
E-mail notice shall be deemed given 24 hours after the e-mail is sent. Postal
notice shall be deemed given 3 days after the date of sending.
Any part of this agreement is subject to change for any reason we see fit, without any notice to you. By placing orders with us, you hereby agree to these terms.