Updated June 23, 2021
Terms of Service
O' Day Delivery offers this page, including all information, tools and services available from this page to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. Overview
By visiting this site and/ or making a purchase from this site, you engage in this site’s “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given O'Day Delivery your consent to allow any of your minor dependents to use this site. You may not use O'Day products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. Entire Agreement
O'Day reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by O'Day. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Copyright Information
All pages within this Internet site (“Site”) are copyright (“©”) O'Day and/or its respective copyright owners. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of O'Day Delivery.
4. Trademark Notice
“O'Day Delivery“, the “O'Day Delivery” logo and other logos are trademarks and service marks of O'Day Delivery All other trademarks, service marks and logos used in this Site are the property of their respective owners.
5. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. O'Day, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to stop using the site and/or those services. Although O'Day attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform O'Day so that it can be corrected.
6. Billing and Payments
The prices showing on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total price at checkout. The purchaser is responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to the order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office. International orders are dependent on availability of service to the destination. Every effort is given to ensure accurate price information on the website. Prices and availability are subject to change without notice. In the event of pricing errors O'Day shall have the right, at O'Day’s sole discretion, to refuse or cancel any orders placed for that item and will immediately notify the customer of such issue.
7. Returns/Refunds/Cancellations
Customers shall notify O'Day of any order related issues within 3 days of receipt. All items returned are accepted at the discretion of O'Day. For all returns and refunds send an email to [email protected]
Orders may be adjusted and cancelled at any time before checkout without occurring any cost. After checkout order cancellations are at the discretion of O'Day Delivery.
8. Miscellaneous
This Agreement is entered into the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. O'Day may modify the terms of this Agreement by posting notice of such modifications on a page of the Site entitled “Legal Notices” or “Legal Notice” (or similar title) before the modification takes effect. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the O'Day Delivery page, you hereby grant O'Day Delivery a perpetual, worldwide, royalty free license to use, copy, distribute, display, reproduce, transmit such communications in all media now known or hereafter developed. You hereby waive all rights to any claim against O'Day Delivery for any alleged or actual infringements on proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
