Terms and Conditions

Terms and Conditions

Effective Date: April 2023

By using this web site, you agree to these and all other applicable terms, please read them carefully.

All items purchased through this site are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Delivery to addresses outside the U.S. is not available for all items or to all addresses.

Users who attempt to circumvent quantity limitations (e.g. by using multiple email addresses or accounts to order more than a stated limit or by placing multiple, excessive orders of the same product) may have orders denied and their accounts suspended from further activity. Any individual (based on credit card, email or billing address, or other attribute) who places more than 3 orders within 24 hours of an initial online product release will have those orders placed in our fraud queue for review. We will review orders in our fraud queue and may cancel multiple orders of the same item or items; your account may also be placed on suspension.

PRODUCT AND SERVICE DESCRIPTIONS

We try to provide accurate depictions and descriptions of our products and services; however, we do not guarantee that descriptions, colors, dimensions, details or other content on our sites or in our services are accurate, complete, reliable, current or error-free. If a product offered on this site is not as described, your sole remedy is to return it in unused condition (except products that are not eligible for return). Furthermore, colors and other details that you see on your computer may vary from the actual product. We cannot guarantee that your computer will accurately display the details of our products and services.

OLO INDUSTRIES LLC, ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES OR OTHER CONSEQUENCES DIRECTLY OR INDIRECTLY RELATED TO ANY DECISION, ACTIVITY OR FAILURE TO ACT THAT YOU TAKE BASED ON INFORMATION OR OTHER CONTENT PROVIDED ON ANY OF OUR SITES.

PRICING INFORMATION

We cannot confirm the price of an item until after you have placed your order. Pricing errors may occur on our sites. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products described or advertised on OLO Industries sites may differ from prices in our online or retail stores (as well as third party online and retail stores) or through mobile applications.

NO PURCHASES BY MINORS

The shopping cart and checkout features of this site are intended to be used by persons who have reached the age of majority (18 in most U.S. states), according to the laws where they reside. If a minor orders a product or service through this site without parent or guardian permission, then the parent or guardian may return the product or service for a refund according to the returns and exchanges policy that relate to the order placed by their child.

ORDER ACCEPTANCE AND BILLING

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item or items ordered.

You must provide truthful and accurate billing information. Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse.

We reserve the right to limit availability of, and/or to discontinue, any content, product, service, or other feature described or available on our site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any content, product, service, or other feature that we provide.

If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

QUANTITY LIMITS

In order to provide more consumers an enjoyable shopping experience on our site, or for any other reason, we reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person or household, or to orders that use the same credit card, billing and/or shipping address, or share any other account or order attribute. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For our purposes, "reselling" refers to purchasing or intending to purchase any product or products from us for the purpose of engaging in a commercial sale of the same with a third party.

Users who attempt to circumvent quantity limitations (e.g. by using multiple email addresses or accounts to order more than a stated limit or by placing multiple, excessive orders of the same product) may have orders denied and their accounts suspended from further activity. Any individual (based on credit card, email or billing address, or other attribute) who places more than 3 orders within 24 hours of an initial online product release will have those orders placed in our fraud queue for review. We will review orders in our fraud queue and may cancel multiple orders of the same item or items; your account may also be placed on suspension.

PROMOTIONAL CODES

Promotional codes are limited in nature, void where prohibited, and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or applied to prior or future purchases. They are not redeemable for cash and are subject to cancellation or change at any time for any reason. Items eligible for promotional discounts may be limited to stock on hand, and rain checks may not be issued or honored.

RETURNS AND WARRANTIES

If you are not satisfied with an item that you have purchased, you may return the item within 30 days of delivery for a full refund of the purchase price, excluding the shipping, handling, gift wrap, and other charges. The item must be returned in unused condition, in original packaging (whenever possible), and with all paperwork, parts and accessories to ensure credit. We do not take title to returned items until we receive them. Items designated as final sale may not be returned. Please review the information available at this site regarding our return policies and product warranty information.

Return quantities are limited to 5 of the same item per order, per person or household, or to orders that use the same credit card, billing and/or shipping address, or share any other account or order attribute.

SHIPPING AND PROCESSING

Unless otherwise explicitly stated, you are solely responsible for paying all shipping and processing charges relating to your purchases (including any product offered with a service) through this site. Shipping promotions offered on the officialchonkys.com site may not apply to all items and may be subject to other limitations.

Certain bulky or oversized items may include special shipping and handling charges in addition to standard shipping rates. Unless specifically stated on our site or in other valid offer terms, such special shipping and handling charges will be excluded from shipping promotions, and you will remain responsible for paying them.

All items purchased through this site are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Delivery to addresses outside the U.S. is not available for all items or to all addresses.

TAXES

You are responsible for paying all sales, use and other taxes, including any applicable duties, relating to any of your purchases of products or services from OLO Industries through this site.

INTELLECTUAL PROPERTY RIGHTS
This site, the products on our site, and all content published on or accessible through the site (“Content”) is owned by Olo Industries, LLC, and is protected by laws governing copyrights, patents, trademarks, trade secrets, and/or other proprietary rights. All trademarks, logos, service marks, trade names, and trade dress appearing in or in connection with the Content (“Marks”), are proprietary to Olo Industries, LLC. You acknowledge that you do not acquire any ownership rights in any Content or Marks viewed or accessed from the site. You may not use any Meta tags or any other "hidden text" utilizing Olo Industries, or its affiliates’ names or Marks without the prior express written consent of Olo Industries. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any site, or any of the Marks or Content, in whole or in part, without the prior written consent of Olo Industries, LLC.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT UNDER LAW, OLO INDUSTRIES, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLO INDUSTRIES, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, DESPITE THE LIMITATION ABOVE, OLO INDUSTRIES, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF OLO INDUSTRIES, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, US$100.00 OR THE EQUIVALENT IN LOCAL CURRENCY. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF OLO INDUSTRIES, LLC, ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES.