Terms and Conditions
The following Terms and Conditions contain important information about your rights and obligations as well as limitations and exclusions that apply to your use of this website for information or purchase of our goods and services.
Application of Terms and Conditions
This web site located at http://www.optimahobbys.com ("this Site") is owned and operated by Optima Ventures ("we" or "us"). The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, or placing an order with us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
Order Acceptance Policy
Payment shall be made by a Credit Card, Paypal, or Money Order/Bank Draft. 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 the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Credit Card payments are subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Typographical Errors
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, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Product Availability
We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Shipping and Delivery
All orders will be shipped via reputable courier companies like UPS, FedEx and USPS Express Mail Service that have a tracking system so that both you and us can see the package (so to speak) in transit. We reserve the right to choose the most effective form of shipping for your package. If you have an existing account with any of our approved shippers and you prefer to use it account, contact us with your account number. You may also enter it in the "comments" field in the order page. Optima Hobbys will not be responsible for any shipping problems and shall not be held liable for any "reasonable" delay beyond our advertised delivery time-frames. We offer free Ground (Standard) Shipping to Canada and the 48 contiguous United States. Delivery usually takes up to 6 business days. If you want Express or Next-Day Shipping, please state it in the comments area of checkout. International orders will be shipped by Freight, 3-Day Air, or any choice of yours (Please state in Comments Box). Orders are usually processed in 1 business day but it can take up to 3 business days in times of high demand.
Our on-time delivery guarantee does not apply to shipments that are delayed due to causes beyond the carrier's control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment, delays caused by the consignee, acts of God, public authorities acting with actual or apparent authority on the premises, acts or omissions of Customs or similar authorities, riots, circumstances arising before, during, or after a strike or other labour disputes, civil commotions, disruptions in the air or ground transportation network (such as weather phenomena), and natural disasters.
Back Order items
Please feel free to order products indicated as "Back Ordered", but keep in mind that we will not deliver within typical shipping time-frames, nor can we set expectations of delivery time-frames, at time of order
Out of Stock items
Do not place orders for items marked "OUT OF STOCK". These orders will be automatically cancelled.
Payment
The forms of payment accepted for purchases at OptimaHobbys are Credit Card, Paypal and Money Order/Bank Draft. Types of credit cards accepted are VISA and Mastercard. The charge on your credit card statement will show "Optima Ventures". For PayPal payments it will show "Optima". All prices listed in our store are in US Dollars.
Return Policy
If you are not happy with your purchase for any reason, you can return it within 15 days of receiving the shipment by sending an email to returns@optimahobbys.com. The merchandize must be returned in "new" unused, undamaged condition with its original packaging. If your shipment was damaged in transit, do not return it. Send an email to us with the subject "Damage" and we will arrange with the shipping company to send you a replacement immediately.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current return policy (located in the Customer Service section of this Site) is incorporated herein by reference and made part of these Terms and Conditions.
Taxation
We are obligated to withhold sales tax for shipments to Canada. In this regard, all Canadian customers will be charged 7% GST. Customers from British Columbia will be charged an additional 7.5% PST. All customers from outside Canada (i.e. U.S. and International shipments) will not be charged any taxes. Such customers are responsible for paying any taxes to their government if applicable.
Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password appropriately and that you will take all reasonable precautions to protect its secrecy.
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
Termination of Usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Applicable Law
You agree that any legal action brought against us shall be governed by the laws of British Columbia, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate federal or provincial court located in British Columbia.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us via telephone at 604-677-3279 or email us at info@optimahobbys.com