The following terms and conditions govern your use of these Sites, located at:
http://www.oakbottle.com managed by a third party service provider of Paglione Oak Bottle LLC, and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
1. Agreement; Other Documents; Changes
You and Paglione Oak Bottle LLC and the subsidiaries of Paglione Oak Bottle LLC (“Oak Bottle”) agree that your order is an offer to purchase the products listed in your order (“Products”) on the terms and conditions listed below which will become a contract (“Agreement”) when accepted by Oak Bottle via confirmation that specifically references your order or when Oak Bottle ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Oak Bottle. When you send your order to purchase Products through Oak Bottle web sites, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Oak Bottle.
If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
THE LAWS OF THE STATE OF ILLINOIS WILL GOVERN THE SALE OF PRODUCTS SOLD IN THE UNITED STATES.
Oak Bottle accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase.
4. Shipping Charges; Customer Location
Separate charges for shipping will be added to the cost of the Products. Oak Bottle will only accept orders from billing and shipping addresses located within the 50 United States, the District of Columbia, Canada and European countries mentioned on the product ordering screens as ship to options. Not all prices include charges for shipping and handling or VAT charges. Separate charges for shipping, handling and VAT will be shown on the invoice. Oak Bottle reserves the right to limit quantities.
All applicable local, city, state and/or country taxes are your responsibility and will be applied to the order. You agree to pay these taxes. Oak Bottle does offer VAT back to parties who request it based on evidence that they are already VAT registered in the country that their order has been shipped to.
Oak Bottle will ship the Products to you, as applicable, with title and risk of loss passing to you upon Oak Bottle’s delivery of the Products to the first common carrier.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
You represent to us that you are of the legal age of majority in your state or country of residence and/or that you are duly authorized by your employer to use this Site.
9. Governmental Authorizations
You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither Oak Bottle nor any of its employees is your agent or representative in governmental matters.
Oak Bottle reserves the right to modify its warranties prospectively at any time, in its sole discretion.
10. Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the Delivery & Returns section of this Site) is incorporated herein by reference and made part of these Terms and Conditions. Oak Bottle’s “30 Day Return Policy” that is in effect on the date of invoice applies only to the Products you purchase under this Agreement.
Oak Bottle’s policy is one of on-going product update and revision. Oak Bottle may revise or discontinue Products at any time. Oak Bottle will ship Products that have the functionality and performance of the Products ordered, but differences between what is described in hardcopy or electronic versions of Oak Bottle Products documentation and what is shipped are possible. The parts and assemblies used in building Oak Bottle Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
12. Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site or the Oak Bottle products. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, accidental damages, medical issues as a result of using this product, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site. We are not responsible for leaking bottles after 30 days from initial purchase. Rust on the steel bands over time is normal and we will not accept returns based on rust or wood grain imperfections. We are also not responsible for lost or broken caps/corks or funnels that come with the product when purchased.
13. Compliance with the Law; Resale Sales Not Intended
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement. You agree and represent that you are buying for your own internal use only, and not for resale. Oak Bottle has separate terms and conditions governing purchase for resale.
The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.
16. Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Oak Bottle and is protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of Oak Bottle, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Oak Bottle or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
If you have any comments or questions, please do not hesitate to contact us by emailing us at: email@example.com
THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.