Terms & Conditions

 

NOTICE: This page is now broken into two sections: Terms & Conditions for Lawyers, and Terms & Conditions for The Rest of Us. Lawyers can scroll down, or click here to jump past the layman's terms.

Terms & Conditions for The Rest of Us

This section is not intended to be all inclusive. It is simply provided for the convenience of our site's visitors. Please view the Terms & Conditions for Lawyers section below for complete terms.

Privacy

Any information you enter into a form on our site gets collected by us.

When you make a purchase, we collect your name, phone number, address, email, order information, IP address (for fraud prevention), and other personally identifiable information. This information may be used by us to complete a transaction, and to send you informational or promotional messages in the future. Email addresses used while placing an order through our site(s) will automatically be added to our mailing list to keep customers informed of product recalls, and new products or services that may be of interest. You can always opt out of receiving these messages by clicking the "unsubscribe" link at the bottom of any promotional emails sent to you.

Credit card information entered in our site is immediately sent to PayPal to be processed. We do not store your credit card information on our site. However, through PayPal we are able to charge a credit/debit card that was previously used on our site. We will only do this in the event that a customer wishes to add another item or request expedited shipping on to an order they just placed. 

PayPal also associates several industry standard codes to each transaction with regards to how information matches up to your credit/debit card account. Specifically the AVS and CVV2 Codes, which allow us to ensure that your credit/debit card billing address matches to the billing address provided at checkout, and the card security code matches up to the 3-4 digit code listed on your card. We do this for your security so that your credit card is not used fraudulently on our website for someone else's purchase. These codes are generic letter codes that can apply to any credit card transaction, and can in no way be used to identify you. If, however these codes indicate that the incorrect billing address or card security code was used at checkout, we will not process the order until after verifying with the account holder the correct information. We will not disclose how we go about verifying account information with the account holder in these policies as that may allow a potential fraudulent user to circumvent our security procedures.

We do not share your personal information with any third party, except as previously mentioned (PayPal to process your payment, and MailChimp, our email marketing provider). These companies may send you information on our behalf like transactional messages, such as order confirmations, email opt-in/out messages, etc. They won't add you to their own internal marketing lists due to the transaction you place on our site. 

Click here to view our complete privacy policy (i.e. if you're a lawyer who hasn't scrolled down yet).

Refunds, Returns, Cancellations

Orders can be cancelled at any time up to when the order is listed as "shipped". We send email notifications as soon as an order ships, however these emails sometimes end up in a customer's spam or junk email folder.  If you created an account when placing your order, you can view your order's shipping date by clicking "Account" | "View our order history" | "View" next to the order in question. Here, you'll be able to see the order's ship date.

Since most orders are shipped within 24 hours, please contact customer support by reply to the order confirmation email to request an order cancellation as soon as possible. A full refund for the price paid will be issued at this point. After an order has shipped, it can not be cancelled.

To return an item, please contact customer support within 10 days of the order's ship date. Certain items are not eligible for return. These include:

• Medications
• Oral hygiene products
• Items not in their original packaging, or no longer has the original "safety seal"
• Items that have obviously been tampered with, or partially used

Products damaged during shipping can be exchanged for an undamaged replacement, or a refund of the cost of the item and any sales tax. The damaged item must be returned to be eligible for an exchange/refund.

Return shipping costs are the responsibility of the customer, regardless of what the reason for return is.

Shipping

Free ground shipping on orders over $25 is available to customers in the continental United States, or APO/FPO addresses. We will use our discretion to determine the best shipping method. However, we will often times use the most economical shipping method available to us if you elect to use the free shipping option. We cannot guarantee a specific arrival date for orders using the free shipping option.

To keep it simple, destinations eligible for free shipping are located on the map below, plus any APO/FPO address not listed on the map below.

UPS shipping can be used to ship anywhere in the world, except for PO Boxes, or APO/FPO addresses. Please use this option, if you wish to expedite your shipping speed, or send to any international destination. Please note that if your order contains any item that is an aerosol, flammable, or otherwise classified as a hazardous material it is not eligible for international shipping.

US Postal Service International is available as an alternative to UPS shipping for Canadian destinations.

For international shipments - We do not keep track of foreign (non-US) import regulations, therefore any import related fees are not disclosed on our site. The customer is responsible for any customs, brokerage, taxes, tariffs, or other duties imposed by the destination country. Please understand the import duties, which may be imposed on you prior to placing your order. Since we do not collect these fees, we will not be able to issue a refund for them.

Also, please be aware of the laws regarding the types of products which may be imported into the destination country. Just as we do not keep track of foreign import duties, we also do not keep track of what products may or may not be imported into the 196 countries around the world. We will ship whatever products are ordered, however if certain items are unable to clear customs, your order will likely be delayed or returned to us. The customer accepts responsibility for any fees related to importing our products, or any fees collected to return the products to us if unable to clear customs.

Taxes

A 6.35% sales tax is applied to any order with a shipping address in the State of Connecticut. The customer may be responsible for a local sales and use tax in their local area - please check with your state's taxation division.

Copyright and Other Mumbo Jumbo

We own the materials listed on our site, including product information and images that have not been supplied to us by a manufacturer or other third party. The manufacturer or other third party who supplies product images owns their respective media. Use of our logo, or other content on our site must get prior approval.

That is, unless you're a really nice person who wants to put our logo up in the middle of Times Square for free! In that case, permission granted. Seriously though, any media inquiries should use our contact page to request information or use of our logo. We can provide logos in different sizes if needed for different print/online sources.

Charitable Donation Pages

If you make a purchase on any of the charitable donation pages the items purchased are for the charity, or organization that page has been set up for. You will not receive any of the items purchased. The charity, or organization who is the recipient of the items purchased will receive:

• Any items purchased through their donation page
• The customer's name, mailing address, email address, and phone number

The charity may use this contact information to send you a note to say "thank you", and/or to add you to their internal communications list. Please advise the individual organization if you do not wish to receive such communications.

Terms & Conditions for Lawyers

Terms of Use

The following Terms of Use identifies the criteria you must agree to in order to use the ogomo.com website.  By accessing the ogomo.com website you agree to these terms.  If you do not agree, please cease your usage of the ogomo.com website.  Ogomo, LLC reserves the right to modify these terms at any time without prior notice.  All changes are effective immediately, and will only apply to activities and information on a going forward, not retroactive basis. Your use of the ogomo.com website after modifications to this agreement are posted constitutes your agreement to these changes. 

Refund and Returns

All refunds and returns must be made within 10 business days of the order's ship date.  To request a return, please contact customer support prior to sending the product back. Return shipping costs are the responsibility of the customer.  You will receive an address to ship to.  Due to health concerns, certain products such as medications and oral hygiene products are not eligible for return.  All other products must still be in their original packaging, and able to be resold.  Once we receive the returned item(s), a refund will be issued for the cost of the item(s) along with applicable sales tax. Original shipping costs are not refundable.

Any products damaged during shipping can be exchanged for an undamaged replacement, or a refund of the cost of the item and applicable sales tax.

Cancellations

If you must cancel an order, please contact customer support immediately.  Any orders that have already been shipped cannot be cancelled. Most orders ship within 24 hours.

In the case of two (or more) identical orders from the same customer on the same day, we will contact you via E-mail prior to processing.  This is to ensure that a technical error on our part did not cause you to place multiple orders (i.e. clicking checkout twice). You will not be responsible for incorrect orders that are due to technical errors on our part.

Warranties

The ogomo.com website is provided by Ogomo, LLC.  The content provided on ogomo.com is subject to change without prior notice.  This includes, but is not limited to product names, prices, and descriptions. Ogomo, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of the ogomo.com website in terms of its correctness, accuracy, reliability, or otherwise.  Ogomo, LLC shall have no liability for interruptions of service of the ogomo.com website.  Except where prohibited by law, Ogomo, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Liability

Except where limited by law, Ogomo, LLC shall not be liable for damages sustained through the use of the ogomo.com website, or from products purchased from Ogomo, LLC. In particular, Ogomo, LLC shall not be liable for any special, indirect, consequential, or incidental damages, damages for lost profits, loss of revenue, or loss of use arising out of or related to the ogomo.com website, or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, or otherwise even if Ogomo, LLC has been advised of the possibility of such damages.

Indemnification

You agree by use of the ogomo.com website to indemnify and hold Ogomo, LLC and all affiliated parties (officers, employees, subsidiaries, parents) harmless from any claim or demand including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the ogomo.com website, the violation of this agreement, or your infringement, or other user of the ogomo.com website using your computer of any intellectual property or any other right of another person or entity.

Interruption to Service

Ogomo, LLC reserves the right to modify or discontinue the use of the ogomo.com website with or without notice to you.  Ogomo, LLC shall not be liable to any party should Ogomo, LLC exercise this right.  You acknowledge the fact that Ogomo, LLC does not guarantee continuous, uninterrupted or secure access to the ogomo.com website.  The operation of the ogomo.com website can be interfered with by factors beyond Ogomo, LLC's control.

Refusal of Service

Ogomo, LLC reserves the right to refuse service or cancel orders at its discretion.  This refusal can be made if Ogomo, LLC believes that conduct on the ogomo.com website violates applicable laws, or is harmful to the interests of Ogomo, LLC, its customers, employees, parents, subsidiaries, or officers.

External Links

The ogomo.com website may provide links to third party websites that may not owned or operated by Ogomo, LLC or its affiliates.  By accessing these websites, you acknowledge that Ogomo, LLC is not responsible for the availability of, or the content provided on any third party website.  You should contact the webmaster of any third party sites if you have concerns regarding the content provided on those sites.  Your use of third party sites linked to through the ogomo.com website is subject to the applicable terms of use and privacy policies of those sites.  Ogomo, LLC shall not be responsible for any content provided by these third party sites.

Generally, Ogomo, LLC does not receive compensation for links to third party websites. However, in the event that we are compensated we will disclose that information in a reasonable proximity to the link(s).

Accuracy of information

While every effort is made to ensure that the information contained on the ogomo.com website is accurate, Ogomo, LLC makes no representations or warranties as to the accuracy or reliability of any information contained on this site. This includes, but is not limited to product specifications, which have been provided to Ogomo, LLC by its vendors or collected from other publicly available sources. You acknowledge that any reliance on the information contained on the ogomo.com website shall be at your own risk.

Every effort has been made to ensure that inventory levels, prices, and other product information are accurate.  It is possible however for a mistake to be made, therefore Ogomo, LLC does not guarantee the accuracy of the information. You are encouraged to read product labels, usage instructions, expiration dates, and other product information prior to use.  If you need additional information about a product, please contact the manufacturer directly.  Should product information be inaccurate, Ogomo, LLC's liability is limited to the purchase price of the product, any sales taxes, and shipping costs.  If necessary, Ogomo, LLC will issue a full refund to remediate any issue caused by an inaccuracy.

Privacy Policy

The use of our customer's personal information is governed by the ogomo.com Privacy Policy.  You are encouraged to review this information.

Payment

Regular orders may be made through the ogomo.com website using any of the payment options listed during the checkout process. Payment options may be altered at any time without prior notice.

Wholesale/Bulk/Quantity Discounts

Ogomo.com does not sell our products wholesale. Instead, we offer bulk discounts on select items throughout our site. Often times these products are overstocked, and are offered at a reduced rate to customers who wish to purchase them in bulk. The discounted price (if available) will be listed on the product page. The price will be listed as the price per item, and will specify the number of items required to purchase at that rate.

Shipping Policy

You may choose any of the various shipping options listed during the checkout process, while following these guidelines.

• Free Shipping: This option is only valid for retail orders over $25 that are being shipped within the continental Untied States, or APO/FPO addresses. Alaska, Hawaii, U.S. territories, and international destinations do not qualify for free shipping. Orders using free shipping will have varied shipping times depending on the method we select. We will typically select the most economical option, while allowing the order to arrive in a reasonable amount of time. If the order must arrive by a certain date, the customer is encouraged to consider upgrading to an expedited shipping method.
• UPS Shipping: Various expedited shipping options are available for customers who wish to receive their order on a specific date, or wish to send their order outside the United States. Costs for UPS shipping are calculated based on the size of your order and your shipping address. Note that UPS will not ship to P.O. Boxes or APO/FPO addresses. The options available for UPS shipping are: UPS Next Day Air, UPS Second Day Air, UPS Ground, UPS Worldwide Express, UPS Worldwide Expedited, UPS Three-Day Select, UPS Next Day Air Saver, UPS Next Day Air Early A.M., UPS Worldwide Express Plus, UPS Standard, and UPS Saver.

Orders that use ineligible shipping options will be billed for the difference in shipping costs using a PayPal invoice sent to the email address listed when creating your order. An example of an ineligible order is one that requires multiple boxes, and will require extra postage. Ineligible orders are not limited to that one example. Orders will not ship until the balance is paid in full.

Orders that include items listed as hazardous materials must use a ground shipping method.

Upon checking out, select a ground shipping method if your order contains any of the following types of products:

• Any aerosol product, such as shaving cream, hairspray, mousse, static remover, etc.
• Any flammable product, such as hand sanitizers, nail polish remover, etc. 
• Other items, which may be considered a low-risk hazardous material, even if they are not noted as such on their product description.

If your order contains any of these items, and you choose an expedited shipping method, your order will still be sent by ground shipping. As such, items containing hazardous materials are not eligible for shipping to international or APO/FPO addresses.

Should your order be eligible for free shipping, you may still select that option. However, your order's transit time could be impacted depending on its destination. Please visit our Frequently Asked Questions (FAQ) section for more information on ground shipping transit times.

Some of our products are restricted by the import regulations of certain countries, and therefore it is the customer's responsibility to ensure their order complies with these laws prior to placing an order. The customer also takes responsibility for any taxes, tariffs, or other duties imposed by the destination country.

Ogomo, LLC reserves the right to modify its shipping procedures at any time without prior notice.  The risk of loss and title for all products purchased through the ogomo.com website passes to you, the customer upon delivery of the package(s) to the shipping carrier.  Additional information on Ogomo, LLC's shipping policies are found in the FAQ section of this site.

Items purchased through any of the charitable donation pages will not be shipped to the customer who purchased them. Instead the items will be shipped directly to the charity, or organization associated with that page at a frequency pre-determined by the organization and Ogomo, LLC.

Sales Tax

All orders with a billing or shipping address in the State of Connecticut will be charged that state's applicable sales tax rate. Currently the rate is 6.35%, however it is subject to change without notice. All other orders will not be charged sales tax. The customer may be responsible for a local sales and use tax in their local area - please check with your state's taxation division.

Jurisdiction

Ogomo, LLC and the ogomo.com website are operated in the State of Connecticut.  As such, we are subject to the laws of the State of Connecticut, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules.  Ogomo, LLC makes no representation that the ogomo.com website or other services are appropriate, legal, or available for use in other locations.  As such, if you access the ogomo.com website, you agree to do so subject to the laws of the State of Connecticut.

You assume all knowledge of applicable law, and are responsible for compliance with any such laws.  You may not use the ogomo.com website in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate applicable local, state, federal, or international laws or regulations.

Ogomo, LLC will actively cooperate with law enforcement agencies and provide them with information needed to investigate or prosecute any criminal activities that take place on the ogomo.com website. This includes, but is not limited to crimes involving stolen credit cards or other crimes involving identity theft. For more information on what inormation may be given to law enforcement agencies, please review the ogomo.com Privacy Policy.

Copyright and Trademarks

All content on the ogomo.com website is copyright 2011-2013 Ogomo, LLC, with all rights reserved, or is the property of Ogomo, LLC and/or third parties protected by intellectual property rights.  Any use of materials on the website without prior written permission of an officer of Ogomo, LLC is prohibited.  By accessing the ogomo.com website, you agree not to use any robot, spider, other automatic device or manual process to copy the content contained on any of the pages found on the ogomo.com website without prior permission of an officer of Ogomo, LLC.

Ogomo, LLC's trademarks may not be used in connection with any product or service that is not provided by Ogomo, LLC in any manner that is likely to cause confusion, or discredits Ogomo, LLC.

Other Terms

Should any section of this Terms of Use agreement in whole or in part be deemed unlawful, unenforceable, or void for any reason, the other sections shall not be affected, and shall remain valid and enforceable to the maximum extent of the law.