Terms of Sale
OP2 LABS TERMS OF SALE
Last updated: June 6th, 2023
Please review these Terms of Sale carefully as these terms govern your purchase of the products in your order (the “Products”) from OP2 LABS, including our brands Frog Fuel, ProT GOLD and any other brand that references or links to these Terms of Sale ("OP2 LABS") and set out your rights and obligations with respect to your purchases. These are the Terms of Sale under which we are willing to provide you with the Products. Please be certain you understand them. Terms of Use and Privacy Policy are incorporated herein by reference.
By purchasing the Products, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale.
Account and Ordering
To make online shopping faster and easier, you must register for an account with us. Please confirm that your email address and other contact details are accurate when placing your order or creating your account, as we will use the contact that you provide us to contact you.
Once an order is placed, we can only make changes before it is fulfilled. On weekdays, orders may be fulfilled within as little as 1-hour after you order. All orders ship from the United States. Once your order has shipped, you will receive an email containing the tracking information. Please note, it can take 24-48 hours for tracking updates to appear once the label has been created and the tracking number is assigned.
Subscriptions and Cancellations
Some items in our store may be offered to you as a subscription, a pre-order or try before you buy. This section describes how you can change or cancel such purchases.
When you purchase a subscription, you will receive repeat deliveries on the subscription duration and frequency that you select. Your payment details will be stored securely and you will be charged for each of these deliveries at the subscription duration recurrence period, unless you choose to pay in advance.
If you want to cancel or change your subscription, you can do so at any time by following the appropriate links in your order confirmation email, logging into your account on the website, or contacting our customer success team.
No Prohibited Purchases
To place an order, you must be at least 18 years of age. You agree not to make any purchases or use or attempt to use the Products for any illegal, unlawful purpose, or fraudulent purpose. You also agree not to transfer or otherwise provide the Products to any third party for any illegal, unlawful, or fraudulent purpose, or in contravention of these Terms of Sale.
Sales to End Users Only
Purchases made through the OP2 LABS website or from any authorized retailers are for end user customers only, unless authorized by OP2 Labs in writing. To the extent permitted by applicable law, any offers of transfers, transfers, offers of sale, sales or resales to dealers, resellers or distributors or any other third-party anywhere in the world are strictly prohibited. If we believe you are involved in purchase for resale or in violation of these Terms of Sale, OP2 LABS reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
Payment Methods
OP2 LABS accepts payment by credit card. Requests for other payment methods may be approved on a case by case basis by contacting Customer Success. If a credit card is being used for a transaction, OP2 LABS may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or when the order is shipped. If the balance from a OP2 LABS Gift Card is used for a transaction, the amount is deducted from your Gift Card at the time of purchase. If the total amount of the transaction is greater than the balance available in Gift Card your credit card will be charged for the balance.
Prices
Your total price is quoted in US dollars and will include the price of the Products in your order plus any applicable sales tax, value-added tax, any other applicable tax of levy that we are required to collect, and shipping charges, less any discounts offered. OP2 LABS reserves the right to change prices for Products offered at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. Exact shipping rates depend on the destination and will be displayed to you at the time of checkout.
Canceled and Rejected Orders
All orders for Product are subject to availability. We explicitly reserve the right to cancel or not to accept your order for any reason, or no reason at all, in our sole and absolute discretion. We also reserve the right to cancel your order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we canceled:
- the Product is not in stock or is unavailable;
- the information your provided to us, such as your billing information, is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your payment method failed;
- we believe you are prohibited from making a purchase, such as you are under age 18;
- we believe that you are a reseller;
- there was an error in the price displayed on our website;
- we could not deliver to the address provided by you; or
- we believe you have violated these Terms of Sale or our Terms of Use.
Promotions
From time to time, OP2 LABS may offer discounts or coupon codes and/or other offers for free or discounted products or services for promotional purposes, including via loyalty and rewards programs (collectively, “Promo Offers”). To the extent permissible under applicable laws, the following rules apply to any such Promo Offers made by OP2 LABS such as through our website or through any other direct to consumer communication. Terms and conditions for each Promo Offer may vary, but unless expressly stated otherwise, the following terms will be deemed to apply, with any conflicts being governed by the terms specified in the Promo Offer.
- Promo Offers can only be redeemed on purchases made directly from OP2 LABS, such as through our websites (“Promo Offer Sales”).
- Promo Offers may not be combined, are non-transferrable, and have no cash value. Promo Offers cannot be sold or otherwise bartered, are limited one per registered household, and are void where prohibited.
- Customers who redeem a Promo Offer shall be responsible for any applicable taxes or fees associated with the corresponding Promo Offer Sale.
- Promo Offers are for a limited time only, subject to any express expiration date and/or supply availability limitations. If no expiration date is provided, the Promo Offer will be deemed to expire from the earlier of (1) when the Promo Offer is terminated or otherwise removed by OP2 LABS or (2) after six (6) months from date the Promo Offer was first communicated to the end user recipient. Promo Offers do not apply to prior sales or orders. To the extent permitted under applicable law, Promo Offers may be discontinued at any time at OP2 LABS’s sole discretion.
- OP2 LABS’s Terms of Sale and Terms of Use apply with respect to any Promo Offer Sales.
- All Promo Offer Sales are subject to Product availability.
- OP2 LABS reserves the right not to accept orders (involving a Promo Offer or not) where, OP2 LABS has any reason to suspect that any part of said order involves fraudulent activity or violates these Terms of Sale.
- Subject to any other applicable terms and conditions mentioned herein, in the event any item included in a Promo Offer Sales order is returned OP2 LABS may at its sole discretion determine that such partial returns are only qualified for replacements. Where OP2 LABS decides to issue a refund, the amount refunded will not exceed the price paid for that item(s) under the applied Promo Offer.
- Promo Offer terms may vary by Product.
- OP2 LABS reserves the right to cancel any order relating to fraudulent or any other misuse of Promo Offers.
- Discounts and Promo Offers do not apply to the purchase of Gift Cards
Sales Tax
OP2 LABS website transactions will include sales tax based on the delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable sales taxes, and OP2 LABS has the right to collect any tax it believes it is obligated to collect.
OP2 LABS Gift Cards
OP2 LABS Gift Cards are for transactions on the OP2 LABS website only. Sales tax will not be charged when the Gift Card is purchased. Sales tax is charged when the Gift Card is redeemed. The tax rate on the transaction is based on the delivery address of the redeemer. Gift Cards may not be used to purchase other Gift Cards. Discounts and promo offers cannot be used toward the purchase price of Gift Cards.
Shipping
Delivery will be by common carrier F.O.B OP2 LABS’s shipping point. You assume sole risk of loss or destruction to the Products during shipment. Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.
Shipping costs are non-refundable, even if you need to return an item, unless the return is due to a Product defect. In the case of refused deliveries, the total delivery shipping cost and customs or duties amounts that are applied by the destination country will be subtracted from any refund that you receive.
Returns and Exchanges:
We offer free returns and exchanges for Products within 30 days of purchase in its unopened, original, new, and resalable condition. Only regular-priced Products may be returned or exchanged. Sale items cannot be returned or exchanged. Gift cards may not be returned or exchanged.
- Products must be returned unopened, undamaged, unused, and with all original tags attached.
- Products must be returned in original packaging.
- Products purchased online must be returned through our website or by contacting Customer Success.
If you receive damaged or defective Products or experience a quality issue, contact our Customer Success team (customersuccess@op2labs.com) for help.
All exchanges are subject to Product availability. We reserve the right to provide a refund in place of an exchange in all circumstances.
How to Return & Exchange
To complete your return, you must call or email our customer service department and request an RMA at customersuccess@op2labs.com or 888-448-8468.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 15 days.
Product Variations and Care
Minor differences in color and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for any such variations or deviations. Please review all washing and maintenance instructions printed on the labels of clothing Products. We are not liable for any damage resulting from incorrect washing of Products, including washing contrary to the instructions.
Limitations of Liability and Dispute Resolution
Your orders and purchases are subject to the limitations of liability and all other terms of our Terms of Use. Please note that the Terms of Use also require the use of binding arbitration to resolve disputes rather than jury trials or class actions (please see details in our Terms of Use).
Privacy
Please refer to OP2 LABS’s Privacy Policy for important information about our collection, use and sharing of your personal information.