Terms of service

TERMS OF SERVICE

Welcome to outdoorphotogear.com ("OPG"). OPG provides products, services, and website features to you subject to the following conditions. If you visit or shop at OPG, you agree to accept these conditions.  These terms and conditions are subject to modification, alteration, or update at any time and at the sole discretion of OPG.

PRIVACY

This agreement incorporates our Privacy Statement and all the terms therein.

COMMUNICATION

When you visit OPG or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHTS AND INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, images, digital downloads, and software, is the property of OPG or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of OPG and protected by U.S. and international copyright laws.

Eclipse Group LLC, Outdoor Photo Gear, outdoorphotogear.com and other marks indicated on our site are registered trademarks of OPG in the United States and in other countries. OPG graphics, logos, page headers, button icons, scripts, and service names are trademarks of OPG, and may not be in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OPG. All other trademarks not owned by OPG 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 OPG.

No permission is granted for use the materials, information, text, or graphics, or to use OPG materials in any way or for any reason without prior specific authorization from OPG.

THIRD PARTY INFORMATION

OPG may provide links to websites maintained by third parties, and it may provide materials from third parties on our website. These third-party sites and any third-party materials are provided for your convenience only, and OPG is not responsible for their content. OPG makes no representations concerning the content of these sites and is not providing an endorsement or an authorization with respect to such sites, services, products displayed, owners, or providers. You access these sites at your own risk.

YOUR ACCOUNT AND REGISTRATION

When you register to make purchases on OPG’s website, you acknowledge that these Terms of Use constitute a valid, binding, and enforceable agreement between you and OPG, that you are responsible for maintaining the confidentiality of your account and password, that you are responsible for restricting access to your computer, and that you agree to accept responsibility for all activities that occur under your account or password.

PURCHASE TERMS AND PAYMENT

OPG sells products only to adults 18 years or older who can validly purchase products with a credit card. If you are under 18, you may use OPG only with involvement of a parent or guardian. OPG reserves the right to refuse service, terminate your account, remove, or edit content, or cancel orders in its sole discretion.

In making purchases at OPG, you agree to comply with all applicable international, country, federal and state laws, rules, and regulations, including and not limited to export laws and regulations.

You agree to pay all taxes, duties and shipping charges resulting from all purchases made by you at OPG.

The prices of all items at OPG are listed in United States Dollars, and all payments must be made in United States dollars. Exchange rates apply and will be automatically calculated if using a credit card, Google Checkout or PayPal.

In addition to any other remedy, OPG may, upon the your default in making payment for products or services purchased or other violation of these Terms of Use, terminate all your pending product orders as well as your access to the OPG’s website.

OPG attempts to be as accurate as possible with the information in our website. However, OPG does not warrant that product descriptions or other content of our site is accurate, complete, reliable, current, or error-free. If a product offered by OPG itself is not as described, your sole remedy is to return it in unused condition.

OPG makes every effort to ensure that our listed inventory count is accurate. However, OPG does not warrant that the in-stock amounts of merchandise are accurate, complete, reliable, current, or error-free. If there is a discrepancy in stock amounts that affects your order, you will be contacted promptly.

All items purchased at OPG are made pursuant to a shipment contract, not a delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to any shipment carrier.

 

You are responsible for all duties, taxes, and export requirements other than the international shipping paperwork which is completed by OPG. Orders shipped outside the U.S. will likely incur customs, tariffs, duties, value added tax (VAT) and/or other fees imposed by your country. OPG is not responsible for these fees, and we have not included them in your shipping charges. You will have to pay these fees. If you refuse a package, we will subtract from your refund any fees and additional shipping charges that we incur. If you have any doubts about additional fees, please contact your local customs office before you place your order. OPG will not declare your purchase as a gift or state a lower value to avoid customs duties. Due to differing customs arrangements in different countries, you assume full liability for all international shipments, as well as the shipping time, once we put your order in the hands of the shipper.

 

CANCELLATIONS, RETURNS AND REFUNDS

You may cancel any order before shipment by contacting us using email or phone. Once an order is shipped, it may not be cancelled.

You may return most new, unopened items within 30 days of delivery for a full refund exclusive of shipping costs. Returned items must be new and in resalable condition. Used and opened items will not be accepted for refunds unless the item is defective. OPG will pay both the original and the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

INDEMNIFICATION

By placing purchase orders, requesting or submitting information, you expressly authorize and direct OPG perform on your behalf. You agree to and do hereby hold harmless and agree to defend and indemnify OPG, its employees, agents and officers, from and against any liability for all damages incurred by OPG in taking such actions at your request.

LIMITATION OF LIABILITY

In no event shall OPG be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use items purchased at, information or materials on, or accessed through OPG..

Notwithstanding the above, in no event shall OPG’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to OPG by you in purchasing items connected with the transaction claimed by you to give rise to your claim.

DISCLAIMER

All visitors to OPG assume all responsibility and all risk for the use of OPG’s website. Information published on our website is provided as a convenience to visitors and is to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.

All products and services offered by OPG are exclusively warranted by the original manufacturer against defects in material or workmanship only, for the period stated in their respective warranties which will be provided to you if the applicable manufacturer provides a warranty. YOUR SOLE REMEDY UNDER THIS LIMITED WARRANTY IS REPAIR OR REPLACEMENT IN ACCORDANCE WITH THE MANUFACTURER'S REPAIR AND REPLACEMENT POLICY.

ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

OPG DOES NOT WARRANT OR REPRESENT THAT OUR WEBSITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF OUR WEBSITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH OPG ASSUMES NO RESPONSIBILITY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DISPUTES

This agreement, and any dispute which arises from and out of OPG’s website, shall be construed with the laws of the state of Kentucky. Any legal action regarding this agreement or OPG’s website shall be brought only in either the State or Federal Courts located within Jefferson County, Kentucky, and by using this site you consent to personal jurisdiction within these courts.

ADDRESS

Our address for contact is:

Outdoor Photo Gear
13005 Middletown Industrial Blvd. STE H
Louisville, KY 40223