Terms of Service

Last Update at 11.25.2024

Please review our Terms and Conditions of Service before placing an order. By using this website or purchasing from Ocean Pacific Lighting, you agree to abide by these Terms as well as any other Terms and policies that are outlined on our website. If you do not agree, you may not access the site or use any of our services. Any new features or tools added to the website are also governed by these Terms. The most current version of the Terms of Service is always available on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates on the site. It is your responsibility to check this page regularly for any changes. Continued use of the website after any updates signifies your acceptance of those changes. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors. Please read carefully before accessing the site or placing an order. You must be 18 years or older to make a purchase.

Our store is powered by Shopify Inc., which provides Ocean Pacific Lighting with the e-commerce platform that enables us to offer our products and services to you.

 

SECTION 1: ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are 18 years of age or older and consent to using this site. You agree not to use our products for any illegal or unauthorized purposes outside their intended use. Additionally, you must not violate any laws in your jurisdiction, including but not limited to copyright laws, while using our services. You are also prohibited from transmitting viruses or any harmful code. Any breach or violation of these Terms will result in the immediate termination of your access to our services.

 

SECTION 2: GENERAL CONDITIONS 

We reserve the right to refuse service to anyone, at any time, for any reason. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and pass through various networks, potentially undergoing changes to meet the technical requirements of connected networks or devices. However, credit card information is always encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, your use of the service, access to the service, or any contact on the website through which the service is provided, without our express written consent. The headings in this agreement are for convenience only and will not limit or affect the Terms in any way.

 

SECTION 3: ACCURACY, TIMELINES AND COMPLETION OF INFORMATION 

Ocean Pacific Lighting is not responsible for any inaccuracies, omissions, or outdated information on our website. The material provided on this site is for general informational purposes only and should not be solely relied upon for decision-making without consulting more accurate, complete, or timely sources. Any reliance on the information provided on this site is at your own risk. This site may include historical information that is not current and is offered for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information. You agree that it is your responsibility to monitor changes to the site.


SECTION 4: PAYMENTS, LOCAL TAXES, MODIFICATIONS TO THE SERVICE, AND PRICES

Full payment is required for all products before delivery. The price that applies is the one in effect on the date your order is placed. However, Ocean Pacific Lighting reserves the right to adjust pricing on items that have been shipped due to factors beyond our control. Shipping costs and fees will be displayed before purchase confirmation at checkout.

Taxes are based on the local sales tax in your province. If you are a business with a tax exemption number, please join our trade program to provide your exemption number and other necessary details. Ocean Pacific Lighting reserves the right to deny tax exemption if the customer cannot provide a valid reason for the purchase.

Product prices are subject to change without prior notice. We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, without notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

 

SECTION 5: PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only in accordance with our refund policy. While we strive to display the colors and images of our products as accurately as possible, we cannot guarantee that your computer's display of any color will be completely accurate.

We reserve the right, but are not obligated, to limit sales of products or services to any individual, geographic region, or jurisdiction, and may do so on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at the sole discretion of Ocean Pacific Lighting. We may discontinue any product at any time.

Any offer for products or services made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained will meet your expectations, nor that any errors in the service will be corrected.


SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same credit card, or with the same billing and/or shipping address. If we make any changes to or cancel your order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.


SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or have any input in. You acknowledge and agree that we offer access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We are not liable for any issues arising from your use of these optional third-party tools. Your use of any optional tools offered through the site is entirely at your own risk and discretion, and you should review and approve the terms provided by the relevant third-party provider(s). In the future, we may offer new services and/or features through the website, including new tools and resources. These new services and features will also be subject to these Terms of Service.

 

SECTION 8: THIRD-PARTY LINKS 

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may redirect you to websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of these third-party sites and do not warrant or assume any responsibility for third-party materials, websites, or any other products or services offered by third parties. We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties to ensure you understand them before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If you submit specific content (such as contest entries) at our request, or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, "comments"), you agree that we may, at our discretion, edit, copy, publish, distribute, translate, and otherwise use any comments you send to us, without restriction, in any medium. We are not obligated to keep any comments confidential, compensate you for them, or respond to them. While we may, but are not required to, monitor, edit, or remove content that we deem, in our sole discretion, unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms of Service, we have no obligation to do so.

You agree that your comments will not infringe on the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments must not contain libelous, unlawful, abusive, obscene material, or any viruses or malware that could disrupt the Service or related websites. You also agree not to use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy and content of your comments. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 11: ERRORS, INACCURACIES AND OMISSIONS 

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions, including those related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change information or cancel orders if any information on the Service or related websites is found to be inaccurate, at any time and without prior notice (including after you have placed an order). We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. Any specified update or refresh date on the Service or related websites should not be interpreted as an indication that all information has been modified or updated.

 

SECTION 12: PROHIBITED USES 

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to engage in unlawful acts, or to violate any international, federal, provincial, state, or local regulations, laws, or ordinances. You may not infringe upon or violate our intellectual property rights or those of others, or engage in harassment, abuse, defamation, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. Submitting false or misleading information, uploading or transmitting viruses or other malicious code that may affect the functionality or operation of the Service, or collecting or tracking personal information of others is also prohibited. Additionally, you may not engage in activities such as spamming, phishing, or scraping, or use the site for any obscene or immoral purposes. Interfering with or circumventing security features of the Service, related websites, or the Internet is strictly prohibited. We reserve the right to terminate your use of the Service or any related website for any violation of these prohibited uses.


SECTION 13: DISCLAIMER OR WARRANTIES; LIMITATIONS OF LIABILITY 

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the Service will be accurate or reliable. You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided "as is" and "as available," without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ocean Pacific Lighting, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured through the Service. This includes any errors or omissions in content, or any loss or damage incurred as a result of the use of the Service, any content, or any product posted, transmitted, or otherwise made available via the Service, even if we were advised of the possibility of such damages.

Since some states/provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

 

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ocean Pacific Lighting, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party arising from your breach of these Terms of Service or any documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 15: SEVERABILITY 

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforceable to the fullest extent allowed by applicable law. The unenforceable portion will be deemed severed from these Terms, and this determination will not affect the validity or enforceability of the remaining provisions.

 

SECTION 16: TERMINATION 

The obligations and liabilities of both parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Terms of Service are effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use this website. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect non-compliance, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the termination date, and we may deny you access to our Services (or any part thereof).

 

SECTION 17: ENTIRE AGREEMENT 

Failure to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of that right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms will not be construed against the party that drafted them.

 

SECTION 18: GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.


SECTION 19: CHANGES TO TERMS OF SERVICE 

You can view the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to regularly check our website for any changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service are posted will constitute your acceptance of those changes.


SECTION 20: CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at esales@oplighting.com