Terms & Conditions
TERMS & CONDITIONS
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Ocean Magic Surf Shop indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Ocean Magic Surf Shop. Ocean Magic Surf Shop reserves the right to make changes to this site and these terms and conditions at any time.
Copyright and Trademark Notice
This site is owned and operated by Ocean Magic Surf Shop. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Ocean Magic Surf Shop or the specific photographer/artist, Copyright © 2016-2017, ALL RIGHTS RESERVED. All software used on the site is the sole property of Ocean Magic or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Ocean Magic's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Ocean Magic Surf Shop is a registered trademark. All custom graphics, icons, logos and service names are registered trademarks of Ocean Magic Surf Shop. All other trademarks or service marks are property of their respective owners. The use of any Ocean Magic trademark or service mark without Ocean Magic's express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
All of Ocean Magic's products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Ocean Magic makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Ocean Magic Surf Shop site. Except as expressly stated herein, Ocean Magic expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Ocean Magic arising from any product sold on the Ocean Magic website shall be the price of the product ordered. In no event shall Ocean Magic, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Ocean Magic shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Ocean Magic shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Ocean Magic shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Ocean Magic Surf Shop is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Ocean Magic reserves the right at any time after receipt of your order to accept or decline your order for any reason. Ocean Magic Surf Shop reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Ocean Magic is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Ocean Magic Surf Shop.
Ocean Magic Surf Shop shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Florida. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Jurisdiction and Venue
You agree that any legal action brought against Ocean Magic shall be governed by the laws of the State of Florida without regard to its conflict of law principles.