Terms and Conditions

1. AGREEMENT

Welcome to the OfficeMart website (“Site”). By using the Site you are agreeing to our terms and conditions and stated policies listed throughout our Site and to be bound by and to comply with the Terms and Conditions below and with any guidelines or policies posted on the Site regarding any Product or Service. If you are ever dissatisfied with the Site, its content or our Terms and Conditions, or any notices, legal or otherwise, you hereby agree that your sole and exclusive remedy is to discontinue using this Site.

If you do not agree with our stated policies (e.g., Shipping, Returns, Cancellations, etc.) then we ask that you do not access or use the Site for your online shopping.

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

3. COMMUNICATIONS; USAGE

Our corporate information is contained on our “Contact Us” page on our Site. When you visit our Site to purchase products or services or to contact to our customer service department, you are communicating with us electronically and we will communicate with you via email or by posting notices on and updating the Site. By using the Site, you hereby 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. When you order from us, you give us permission to add your email address to our newsletter list. You will have the opportunity to Opt Out at the bottom of every email received if you choose to discontinue receiving communication from us. We always welcome your feedback about the Site. Please note, however, that all comments, ideas, notes, messages, suggestions or other communications sent through the Site shall be and shall remain the exclusive property of OfficeMart, and we may use all such communications, including reproducing, disclosing and publishing such communications, all without compensation to the author.

4. ELIGIBILITY - MINORS; BUSINESSES; THIRD PARTY SITES

No individual under the age of 18 (a "Minor") should use the OfficeMart Site unless they are supervised by a parent or legal guardian who is 18 years of age or older ("Guardian"). OfficeMart relies upon Guardians to determine if any content or items available on the Site are inappropriate for the viewing, access or purchase by Minors. If a User is a Minor, he/she may use the Site only under the supervision of a Guardian. Additionally, if you are making a purchase on behalf of a business or third party through the Site, you must have express permission and authority to make such purchases and to bind them to these Site Terms and Conditions. By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age or are using the Site under the supervision of a Guardian; (ii) if ordering for a business, you are authorized by that business to place such orders; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) any billing address and phone number provided shall be the address and phone number the credit card bank has on file for that card account; (v) will maintain and promptly update the information that you provide for accuracy, and keep it current and complete; and (vi) are not using the Site for any improper purpose. Any information provided which is found to be untrue, inaccurate, not current or incomplete, or if OfficeMart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then at its sole discretion OfficeMart may suspend or terminate your account.

This Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that we are not responsible for the content or availability of any such third-party sites. These links are provided for your convenience only and you access them at your own risk.

5. PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS

OfficeMart attempts to be as accurate as possible with our product descriptions. However, OfficeMart does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect product information due to typographical errors or errors in pricing or product information received from our suppliers, 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 charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. If a product has been shipped and there was a typographical error, our sole responsibility is to pick up the product at our expense and refund the payment for the order.

6. PRODUCT AVAILABILITY AND DELIVERY TIMES

Products advertised for sale on the Site are subject to availability. If we are unable to provide a product, you will not be charged for such products or your credit card will be issued credit. We are not responsible for any other compensation or losses you may incur for our inability to provide products. Every attempt is made to deliver products in the time stated on product pages and as quickly as possible. Stated delivery times are not guaranteed, but are estimated times provided by manufacturers or distributors or are based on historical delivery times of previous orders. Standard delivery estimates do not apply to orders shipping to Alaska or Hawaii. While we do our best to expedite delivery, stated delivery estimates do not apply. Orders placed to Alaska and Hawaii will not be refunded due to delivery times.

7. ORDER AND PAYMENT TERMS 

You agree that your placement of any Order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within OfficeMart's sole discretion, and unless otherwise agreed in writing, payment must be received by OfficeMart prior to acceptance of an order and/or Membership. OfficeMart may accept payment via Visa, MasterCard, Discover and American Express (other credit or debit cards may be added or removed at OfficeMart's sole discretion). Office Mart Does Not accept Checks or Money Orders. We Do Not offer Terms all orders are Credit Card Only. OfficeMart only accepts Credit Card Payments on each order. Coupons and Discounts: You can only use or redeem one coupon, discount or credit per transaction or order. Orders are not binding until the order and/or Membership is accepted by OfficeMart and OfficeMart may cancel or limit an order any time after it has been placed in its sole discretion. OfficeMart expressly conditions its acceptance of your order and/or any program membership on your agreement to these Terms and Conditions.

8. CANCELING AN ORDER; FURNITURE PRODUCTS; WARRANTY

Once an order is placed, the order cannot be canceled or changed. Once the checkout process is completed, our warehouses are notified immediately to fulfill your order. Please follow our Return procedures on orders that have already been placed and shipped. Undamaged orders which are refused delivery will have shipping costs deducted from any refund. Furniture orders cannot be canceled or returned. Because furniture items come from directly the manufacturer, it is their policy that orders, once placed, cannot be canceled or returned. Warranty service is provided by the furniture manufacturer itself, and their decision on any warranty issue is final. By placing a furniture order with OfficeMart, you are accepting this as part of our Terms and Conditions.

Items serviced under warranty are the responsibility of the manufacturer and not OfficeMart, LLC. At no time will OfficeMart be responsible for compensation of time or discounting of purchase price when warranty issues arise.

9. RETURNS, REFUNDS AND EXCHANGES CONDITIONS

If you need to return any product(s) purchased from OfficeMart then you must FIRST obtain a Return Merchandise Authorization (RMA) number. Along with your RMA, you will be issued a FREE pre-paid postage label for sending back your cartridges. Please be sure to use your free pre-paid mailing label. Not using the pre-paid return label will delay the processing of your refund or replacement considerably.

Returned ink/toner cartridges must meet the following conditions:
  • All returned cartridges must be at least seventy percent (80%) filled (which we feel is sufficient to enable a fair test of the quality of the product);
  • All OEM cartridges must be returned unopened in their original packaging. Opened OEM cartridges may be returned for credit only; and
  • All non-defective products (other than OEM products) must be returned in packaging in an as-new condition.

Please understand that we are unable to ship any replacement products or merchandise without first receiving the suspected defective item for inspection. If you need a replacement product right away, we suggest you ask for a store credit and place a new order. Your new order will then be processed immediately. Please allow up to 10 business days to process your return request from the time it reaches our Returns Department. If upon inspection or testing, a returned item is found to be defective or inoperative within the warranty period, a replacement item of equal or greater value shall be shipped to the customer or, at the customer’s request, a store credit shall be issued totally the amount paid for the returned items, including applicable taxes and shipping fees. A restocking fee of 16-25% may apply on certain products. See our Return Policy page for list of manufacturers where a restocking fee may apply.

10. SHIPPING

Free shipping may be offered on OfficeMart products on orders of $75. or more within the continental US, although certain products may be excluded. Unless otherwise noted, OfficeMart will make best efforts to ship merchandise within 1 to 3 days of the receipt of a properly completed order, but this is only an estimate; thus, there is a 15 business day waiting period before any product will be resent if it is not received in a timely fashion from the date of shipment. You understand that product availability may be limited and particular products may not be available for immediate delivery. OfficeMart shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

11. AUTOMATED INTERVAL REORDER (AIR)

OfficeMart may now or in the future offer Automated Interval Reorder (AIR) discount programs to enable certain product reorders to be purchased at a discount, processed and shipped to you at automatic intervals of your choice. By enrolling in such a program, you shall authorize OfficeMart to charge your credit card for the products selected at the interval you selected until such time as you cancel your participation in such program. For example, if you chose to receive a certain ink product each month, then that product will be shipped to you on a monthly basis on approximately the same date as your initial order ("Renewal Date") and your credit card shall be charged the listed price, plus any applicable shipping and handling charges. If you cancel your membership prior to the first reorder, you agree that OfficeMart may charge your account an amount equal to the discount received on your initial order as a result of joining the AIR program. Please note that Memberships must be canceled within 5 days prior to next Renewal Date. Members are financially responsible for any monthly AIR program fees until they cancel in writing or through the Site.

12. TERMS OF LIMITED WARRANTY

OfficeMart warrants to our customers that products sold will be free from defects in materials and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product and only while such customer owns such product. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made 6 months from the original date of shipment by OfficeMart. The purchaser can make claims to receive replacement products or Store Credit for a period of 6 Months from the original date of shipment by OfficeMart; cash refunds are not allowed. OEM cartridges are warranted by the Manufacture directly, and as such are not covered by the above warranty statement. If you have a defective OEM item you will need to contact the Manufacture directly. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than OfficeMart. The Limited Warranty only extends to refunds or replacements of OfficeMart products and does not cover any damage to your printer, computer systems or other devices arising from your use of our products.

13. DISCLAIMER OF SITE, WARRANTIES AND LIMITATION OF LIABILITIES; MODIFICATIONS TO SERVICE, SITE

The Site is provided on an “AS-IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, OfficeMart will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. OfficeMart makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive. We may modify, suspend or discontinue any Product, Service or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order. OfficeMart reserves the right to: 1) change or remove (temporarily or permanently) this Site or any part of it without notice, and you confirm that OfficeMart shall not be liable to you for any such change or removal, and 2) change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

13. USER CONDUCT RESPONSIBILITIES; ACCOUNT MAINTENANCE RESPONSIBILITIES

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants. User accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User accepts full responsibility for all activities that occur within such User's account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. OfficeMart will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.

14. INDEMNITY; ADVICE

You agree to indemnify and hold OfficeMart and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against OfficeMart arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. Additionally, the contents of this OfficeMart Site does not constitute advice, and should not be relied upon in making, or refraining from making, any decision.

15. COPYRIGHT AND TRADEMARK NOTICE; INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

All product names and company logos displayed on this Site remain the trademarks of their respective owners. All copyright, trademarks and all other intellectual property rights on the Site and its content (including without limitation the Site design, text, graphics and all software and source codes connected with the Site) are owned by or licensed to OfficeMart or otherwise used by OfficeMart as permitted by law. In accessing the Site you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws regarding any such claims. Notices of claimed infringement should be directed to OfficeMart using contact information in the “Contact Us” section of the Site.

16. DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the laws of our state (refer to our location in “Contact Us” are of the Site), as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, completed at Vienna, Austria, April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts, OfficeMart’s home state and you hereby consent to jurisdiction and venue in Los Angeles County, California for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to OfficeMart). Notwithstanding anything contained herein to the contrary, OfficeMart shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce OfficeMart's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

17. SEVERABILITY; GOVERNING LAW; ASSIGNMENT

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of OfficeMart’s home state. As such, the laws of the State of Wyoming will govern these disclaimers, terms and conditions, without giving effect to any principles of conflict of law. A customer may not assign its rights or obligations hereunder without the express prior written consent of OfficeMart, and you hereby expressly agree and understand that any purchase or other agreements made between you and OfficeMart shall be binding upon the customer’s heirs, successors and assigns and OfficeMart.

18. NOTICE

Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by postal mail or e-mail (with a copy by postal mail): Please refer to our contact information in the “Contact Us” page of the site.

19. ADDRESS

Questions or comments regarding our Terms and Conditions may be also be sent to: info@OfficeMart.com