2.1 You may purchase Goods by submitting a purchase order (an “Order”) through the Platform or, where agreed, at our showroom, by email or telephone. Submission of an Order through the Platform constitutes an offer to purchase Goods at the listed price and terms. An Order is not accepted until we issue a written order confirmation or, in the absence of written confirmation, begin processing or shipping the Order. We reserve the right to reject or cancel any Order at our discretion, in which case, we will notify you promptly and, where payment has been received, issue a full refund in accordance with the terms set forth herein. Once the order has been confirmed, you may not cancel at any time without our prior written consent. A restocking fee of up to 15% may be applied on cancelled Orders initiated by you.
2.2 All prices displayed on the Platform are wholesale prices in US Dollars and are exclusive of applicable taxes, shipping, and handling unless expressly stated otherwise. You are responsible for providing a valid resale certificate or tax exemption documentation, and all taxes arising from your purchase and resale of the Goods. Where valid documentation is not on file, we are required to collect applicable sales tax and will invoice you separately for such amounts. Prices are subject to change without notice, provided that the price applicable to a confirmed Order will not change after confirmation. We reserve the right to offer different pricing tiers based on order volume, account history, or product category. Pricing displayed is specific to your Account and may not reflect pricing available to other Account Holders. No product mixing is allowed for quantity pricing discount.
◆ First Level is W1
◆ Second Level is W2
◆ Third Level is W3 for larger quantities
◆ If you are a distributor, please contact us for pricing discounts.
Please note that if the inventory quantity is not currently available for tier pricing discount, the price charged will reflect the quantity of Goods we have in stock available at the time of purchase. Please review your invoice for accuracy before finalizing payment.
2.3 Minimum order quantities or values may apply to certain products or product categories, as specified on the Platform. Presently, Platform orders must be over $300 and showroom orders must be over $7500. We reserve the right to adjust minimum order requirements with reasonable notice. On Orders more than $10,000, Account Holders will receive W2 discounted pricing on all items, regardless of item quantity ordered. On Orders more than $25,000, Account Holders will receive [Third Level] discounted pricing on all items, regardless of item quantity ordered. Orders may be placed at our showroom by appointment only. Please note any no-show appointments will be subject to a $50 fee. All requests to reschedule an appointment must be made three (3) business days in advance of the agreed upon showroom visit. Late arrival appointments are subject to rescheduling and fee if you have not notified us three (3) business days in advance.
2.4 agreed to by us in writing, payment is due in full at the time of Order or prior to shipment. Account Holders approved for net payment terms must pay invoices within the agreed period. Late payments are subject to interest at the rate of 1.5% per month or the maximum rate permitted by New Jersey law, whichever is lower. We accept payment by check /credit card/ACH/EFT /wire transfer. Payment card transactions are processed by our third-party payment processors, Authorize and Capture, and are subject to their terms. Account Holders are liable for any bank, attorney, or collection fees pertaining to NSF checks or overdue accounts. Any fees related to rejected charges will be billable to the Account Holders.
3. RETURNS, EXCHANGES, AND REFUNDS
3.1 Returns are accepted within ten (10) days of delivery for Goods that are defective, damaged in transit, or materially different from their description, subject to the following conditions: (a) returns must be pre-authorized by our customer service team and a return merchandise authorization (RMA) number must be obtained prior to return shipment; (b) Goods must be returned in their original condition and packaging; and (c) return shipping costs are the responsibility of the Account Holder, except where the return is due to our error or a product defect. Returns are subject to a 15% restocking fee, which will be discounted from the amount of your refund. We do not accept returns of: (i) Goods that have been used, altered, or damaged by the Account Holder; (ii) clearance, closeout, or final sale items, unless defective; (iii) custom or special-order items; and (iv) Goods returned more than five (5) days after delivery.
3.2 Approved returns will be credited to your Account or refunded to your original payment method at our election, less any restocking fees. Processing time for refunds is 5–10 business days from receipt and inspection of the returned Goods.
4. SHIPPING AND RISK OF LOSS
4.1 We ship Goods to addresses within the United States. Shipping costs, carriers, and estimated delivery times are as specified at the time of Order. Delivery timelines are estimates only and are not guaranteed. Please note any changes to delivery terms in an Order will be subject to a $50 repackaging fee. Pickup orders must be picked up within 5 days after we notify you that the Goods have arrived to our warehouse. Orders over $2,500 receive free shipping within the contiguous US. Any additional surcharge, (e.g., liftgate, inside, limited access, delivery appointment, or residential delivery) is the responsibility of the Account Holder. Orders over $10,000 receive free shipping within the contiguous US without any surcharges.
4.2 Risk of loss and title to Goods pass to the Account Holder upon our delivery of the Goods to the carrier at our warehouse (FOB origin), unless we have expressly agreed otherwise in writing. We recommend that Account Holders maintain appropriate cargo insurance for shipments. If you have a damaged Goods claim, you must file it with the shipping carrier directly. We will provide reasonable assistance for any claim such. Additional insurance will be offered at check out, if desired. Insurance is the Account Holder’s responsibility.
4.3 If a shipment is returned to us as undeliverable due to an incorrect address or failure to accept delivery, the Account Holder is responsible for re-shipment costs. Unclaimed Goods held by us for more than 30 days may be subject to storage charges.
5. PRODUCT INFORMATION AND DESCRIPTIONS
5.1 We make reasonable efforts to ensure that product descriptions, photographs, dimensions, and specifications on the Platform are accurate; however, we do not warrant that product descriptions are complete, current, or error-free. Colors and appearances of Goods may vary from their depiction on screen due to photographic conditions, screen settings, and the natural variation inherent in gemstone, mineral, and crystal products. Natural gemstone, mineral, and crystal products are subject to inherent variation in color, size, inclusions, and formation. Such variation is a characteristic of natural materials and does not constitute a defect.
5.2 The Site and Platform may include descriptions of metaphysical properties, spiritual uses, chakra associations, healing traditions, and wellness attributions associated with gemstones, minerals, crystals, candles, and related products (collectively, “Metaphysical Attributions”). Metaphysical Attributions do not constitute medical advice, health claims, or therapeutic recommendations and are provided solely for informational, educational, and retail merchandising purposes only. They represent the kind of information commonly used by retailers in the spiritual, metaphysical, and wellness product industry for marketing and display purposes.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY GOOD HAS ANY THERAPEUTIC, HEALING, MEDICAL, PSYCHOLOGICAL, OR OTHER HEALTH BENEFIT. GOODS SOLD THROUGH THE PLATFORM ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. ACCOUNT HOLDERS MUST NOT REPRESENT OR MARKET GOODS TO THEIR CUSTOMERS AS HAVING MEDICAL OR THERAPEUTIC EFFICACY. ACCOUNT HOLDERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEIR OWN MARKETING AND REPRESENTATIONS TO CONSUMERS COMPLY WITH APPLICABLE FTC GUIDELINES, FDA REGULATIONS, AND STATE CONSUMER PROTECTION LAWS.
6. PROPRIETARY RIGHTS
6.1 We retain all rights, title, and interest (including intellectual property rights) in and to all text, images, photography, descriptions, graphics, logos, trademarks, copyrights, data, software, and other content on the Site or Platform owned by or licensed to us shall be our exclusive property (“Company Content”). You acknowledge that Company Contant includes or constitutes our confidential information and is protected by copyright and other intellectual property laws. If you submit suggestions, ideas, or feedback about the Site, Platform, or our products, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without payment or obligation to you.
6.2 If the Platform permits Account Holders to submit product reviews, enquiries, or upload documents (“User Content”), you retain ownership of such User Content and grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display it for purposes connected with operating the Platform and our business. You represent and warrant that any User Content you submit: (a) is accurate and not misleading; (b) does not infringe any third-party intellectual property, privacy, or other rights; (c) complies with these Terms and applicable law; and (d) does not contain malware or harmful code. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.
6.3 Where we make product photographs or marketing materials available for download on the Platform for use by Account Holders in their resale activities, such materials may be used solely in connection with the resale of Goods purchased from us, subject to any usage guidelines we publish. We reserve the right to withdraw permission at any time.
7. USE RESTRICTIONS
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Platform for your internal wholesale purchasing purposes only. Without limiting the foregoing, you will not and will not permit others to: (a) reproduce, copy, distribute, or publicly display Company Content without our prior written consent; (b) use Company Content for any commercial purpose other than your own retail resale of purchased Goods; (c) use our trademarks, logos, or brand elements without prior written authorization; (d) scrape, harvest, or systematically download catalogue data, pricing, or product information; (e) sublicense, sell, or transfer access to the Platform to any third party; (f) Introduce malware, viruses, or other harmful code into the Site or Platform; (g) Circumvent, disable, or interfere with any security feature of the Site; (h) use the Site for any purpose that competes with or undermines Oceanic Linkways, Inc.’s business; (i) misrepresent your identity, authority, or business nature in any account application or communication; (j) resell or transfer access to the Platform to third parties; use the Site in any manner that violates applicable law, including export control laws and anti-money laundering regulations; and (k) post or transmit User Content that is defamatory, obscene, discriminatory, or infringes any third-party rights. Violation of this Section may result in immediate account suspension or termination, legal action, and claims for damages.
8. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites, carrier portals, payment processors, and other services. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party site or service. Your use of third-party services including our payment processor is governed by those third parties’ own terms and privacy policies.
9. PRIVACY; CUSTOMER INFORMATION
We require you to provide information about you and your Authorized Users to access and use the Platform. You will ensure that all information that you provide to us is at all times accurate and complete. Our collection and use of personal information in connection with the Site and Platform is governed by our Privacy Policy, available at privacy@oceaniclink.com, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.
10. CONFIDENTIALITY
All non-public, confidential, or proprietary information of us, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by us to you, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” in connection with these Terms is confidential and may not be disclosed or copied unless authorized in advance by us in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by you on a non-confidential basis from a third party. We shall be entitled to injunctive relief for any violation of this Section.
11. WARRANTY AND DISCLAIMERS
WE DO NOT MANUFACTURE OR CONTROL ANY OF THE PRODUCTS OR SERVICES OFFERED ON OUR SITE. THE AVAILABILITY OF PRODUCTS OR SERVICES THROUGH OUR SITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, PLATFORM, AND ALL GOODS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SITE OR PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY CONTENT ON THE SITE; WARRANTIES AS TO THE METAPHYSICAL, THERAPEUTIC, OR HEALTH PROPERTIES OF ANY GOODS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE OUR WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY REQUIRED BY APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER NEW JERSEY OR APPLICABLE FEDERAL LAW.
COUNTRY OF ORIGIN INFORMATION PROVIDED BY US IS BASED ON SUPPLIER REPRESENTATIONS AND IS PROVIDED FOR INFORMATIONAL AND MERCHANDISING PURPOSES ONLY. WE DO NOT WARRANT THAT SUCH INFORMATION SATISFIES THE REQUIREMENTS OF ANY CUSTOMS AUTHORITY, REGULATORY BODY, OR CERTIFICATION STANDARD. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU, YOUR CUSTOMERS, AND DOWNSTREAM PURCHASERS AND/OR USERS FOR ANY LOSS, DUTY, PENALTY, OR CLAIM ARISING FROM INACCURATE OR DISPUTED ORIGIN INFORMATION, WHETHER PROVIDED BY US OR ORIGINATING FROM OUR UPSTREAM SUPPLIERS.
ALL CUSTOMS CLASSIFICATION, VALUATION, DOCUMENTATION, AND COMPLIANCE DETERMINATIONS ARE THE SOLE RESPONSIBILITY OF THE ACCOUNT HOLDER. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE SHALL TO YOU, YOUR CUSTOMERS, AND DOWNSTREAM PURCHASERS AND/OR USERS FOR ANY DUTY, PENALTY, SEIZURE, DELAY, OR LOSS ARISING FROM CUSTOMS QUALIFICATION ISSUES.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold us and our members, officers, directors, employees, agents, and successors harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or Platform in violation of these Terms; (b) your breach of any representation or warranty made in these Terms; (c) your resale of Goods, including any consumer claims arising from your marketing or product representations; (d) any User Content you submit; (e) your violation of any applicable law or third-party right; and (f) the Goods and the shipping or delivery of such Goods. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You agree to cooperate fully with our defense of such claims.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (A) IN NO EVENT SHALL WE OR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE PLATFORM, OR ANY GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE PLATFORM, OR ANY GOODS SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR TWO HUNDRED US DOLLARS ($200). THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES FOR WHICH WE WOULD NOT HAVE PROVIDED ACCESS TO THE SITE OR PLATFORM WITHOUT.
14. COPYRIGHT — DMCA NOTICE AND TAKEDOWN
We respect intellectual property rights. If you believe that content on the Site infringes your copyright, please send a written notice to our designated copyright agent containing:
1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material claimed to be infringing and its location on the Site;
4. Your contact information (name, address, telephone, email);
5. A statement that you have a good faith belief that the use is not authorized; and
6. A statement, under penalty of perjury, that the information in the notice is accurate and you are authorized. to act on behalf of the copyright owner
Send DMCA notices to: Oceanic Linkways, Inc., / 1300 Livingston Ave, North Brunswick, NJ 08902, operations@oceaniclink.com.
15. MODIFICATIONS TO TERMS AND SITE
We reserve the right to modify these Terms, the Site, the Platform or any feature thereof at any time. Material changes to these Terms will be communicated by email to the address on your Account, by posting a prominent notice displayed upon login to the Platform, or by posting the revised terms on our Site. The revised Terms will specify their effective date. Your continued use of the Site or Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and Platform and notify us to close your Account. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Platform.
16. TERM AND TERMINATION
These Terms are effective from the date you first access the Site and continue until terminated. We may terminate these Terms immediately for material breach by providing notice to the email address listed in your Account. You may terminate the Agreement by giving us notice and closing your Account. Upon termination, your access to the Platform will be revoked, all rights and obligations under the Terms shall terminate except for rights of action arising prior to termination, payment obligations, and those Sections of these Terms which by their nature survive.
17. DISPUTE RESOLUTION
17.1 Before initiating any formal dispute resolution, the parties agree to attempt to resolve disputes informally. The party seeking resolution must send a written notice within thirty (30) days of the matter first occurring describing the dispute and desired resolution to the other party. The parties agree to negotiate in good faith for a period of thirty (30) days before initiating arbitration.
17.2 If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Platform, any Goods, or the parties’ relationship shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules, rather than in a court of law. The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
17.3 YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE, PLATFORM, AND THE GOODS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING AGAINST US DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.
17.4 Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, including in respect of intellectual property infringement or misappropriation of confidential information.
18. GENERAL PROVISIONS
These Terms, together with our Privacy Policy, and any Order confirmations, constitute the entire agreement between you and Oceanic Linkways, Inc. with respect to the subject matter hereof and supersede all prior negotiations, representations, and agreements. In the event of a conflict between the Order and these Terms, any transaction-specific terms in an Order will govern. If any provision of these Terms is found invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver is effective unless made in writing and signed by an authorized representative of Oceanic Linkways, Inc. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, or sale of substantially all of our assets. These Terms bind and inure to the benefit of the parties’ successors and permitted assigns. These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing in these Terms creates any rights in any third party. We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, supply chain disruptions, pandemics, or failures of third-party infrastructure. We will notify you promptly of any force majeure event affecting our ability to fulfil Orders and will use commercially reasonable efforts to mitigate its impact. These Terms and any dispute arising hereunder are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, except to the extent that the Federal Arbitration Act applies to the arbitration provisions above. Notices to us must be in writing and sent to: Oceanic Linkways, Inc., Attn: Legal, 1300 Livingston Ave, North Brunswick, NJ 08902 / operations@oceaniclink.com. Notices to you will be sent to the email address on your Account. Notices are effective when sent by email (on transmission without error notification) or, if by post, three business days after mailing.
Thank you for choosing Oceanic Linkways, Inc.
