Terms & Conditions
Terms and Conditions
The terms and conditions stated herein (“Terms of Use”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Overstock Central LLC ("Company", “we”, “us”, or “our”) concerning your access to and use of the OCfireworks.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understand, and agree to be bound by these Terms of Use.
Sales and Purchases of Products
By purchasing products from the Company on the Site, you are certifying that you are at least 18 years of age and that You understand that You are responsible for complying with all applicable local, state, and federal laws. The Company shall not be responsible for any injury, damage, or loss sustained in the resale, use, or misuse of any products purchased from the Company. All products are sold based on the condition that the Company shall not be liable in a civil action for any accident, injury, or other damages that occur during transport, storage, or use of the product. You are responsible for understanding and complying with any local law, regulation, statute or directive concerning the possession and use of consumer fireworks. The Company is selling a legal commodity in the state of origin and You are solely responsible for any use or possession after the consumer fireworks are placed for shipment.
Warranty Disclaimer
This Site and the materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. The Company does not make any warrantees or representations regarding the use of the materials on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so these limitations may not apply to you.
Limitation of Liability
The Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Company’s liability is limited to the total value of the sale of consumer fireworks.
Return Policy for Lost or Damaged Shipments Only
The Company ships all orders in excellent condition. The fireworks are inspected and the boxes we use are designed to protect fireworks during shipment. The Company recommends that you inspect the firework boxes as soon as you receive your order while the delivery driver present. If the exterior of any box is visibly damaged (e.g., water damage, rips, major dents, etc.), the Company recommends that you open the boxes with the delivery driver present and take note of any damaged fireworks. You must contact the Company immediately after your discovery of the damaged goods and we will work with you to resolve the issue. If you discover that the fireworks have been damaged after you receive your order and the driver has gone, please call the Company and let us know the details. We will attempt to work with you to solve any problems; however, due the hazardous material classification of fireworks by the USDOT, the Company will not accept any returns on fireworks under any circumstances or for any reason.
Copyright
The entire content included on the Site, including text, graphics, or code, is copyrighted under the United States and other copyright laws and is the property of the Company. The Site may include works that are licensed to the Company. Copyright 2021, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with the Company or purchasing the Company’s products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with the Company or to purchase the Company’s products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by the Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Trademarks
All trademarks, service marks, and trade names of the Company used on the Site are trademarks or registered trademarks of the Company and/or its suppliers.
Typographical Errors
In the event that a Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Company reserves 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 cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These Terms of Use are applicable to You upon your accessing the Site and/or completing shopping process. The Company may terminate these Terms of Use, or any part thereof, at any time and for any reason without notice. Provisions regarding Copyrights, Trademarks, Limitations of Liability, Disclaimers, Indemnification, and Miscellaneous shall survive any termination.
Notice
The Company may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to the Company.
Miscellaneous
Your use of this Site shall be governed in all respects by the laws of the State of Indiana, U.S.A., without regard to any choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of the Company products) shall be in the state or federal courts located in St. Joseph County, Indiana. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of the Company’s products) must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
The Company does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any
contents or activities on the Site. However, the Company reserves the right to block or remove communications or materials determined to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to the Company in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all claims, product malfunctions, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, the Company may link to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only this Site, but for sites it links to as well (including if a specific link does not work).
IF YOU ARE IN DOUBT OR HAVE A QUESTION ABOUT THE USE OR FUNCTION OF ANY OF OUR PRODUCTS PLEASE CONTACT US BEFORE USE.
WE ARE VERY KNOWLEDGABLE OF THE USE OF OUR PRODUCTS, PLEASE DONT ASSUME ANYTHING. REMEMBER SAFTY COMES FIRST AND THEN THE FUN.
We are always here to help and assist you. Please feel free to call 574-742-8164
At OCFireworks, we always strive to provide industry-leading services and maintain high standards of excellence.
We understand that shipping fireworks legally can be inconvenient and
expensive. Therefore, we've consistently worked to negotiate the lowest shipping rates with quality carriers so we can provide the best service and prices possible.
Use the shipping chart located in our shipping section to determine if we are able to ship our products to you.
We reserve the right to ask for additional information before processing your order such as (but not limited to) scans of your driver’s license, state issued i.d. card or credit card used for your purchase.