Terms of Sale

IMPORTANT NOTICE: THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE WEBSITE TERMS OF SALE.

These Website Terms of Sale (these "Terms") apply to the purchase and sale of products through the OtterBox website, found at https://www.OtterBox.com (the "Website"). These Terms are subject to change by Otter Products, LLC (referred to as "Otter," "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of the Website. You should also carefully review our Privacy Policy before placing an order for products through the Website.

Information on the Website constitutes an invitation to place an order and not an offer to sell.

1. Order Acceptance and Cancellation
1. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Otter and you will not take place unless and until you have received your order confirmation email. Products shall be deemed accepted unless you notify Otter of any shortage, damage, or non conformity within fourteen (14) days after delivery. If you find any errors with your order in the confirmation email, please contact us immediately by calling our Customer Service Department at (1-855-688-7269). You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (1-855-688-7269). Once an order confirmation email has been sent, you may not cancel your order except as expressly permitted under Otter's Returns and Refunds policy or as required by applicable law. Otter may cancel orders or refuse returns for suspected fraud, resale activity, abuse, or policy violations.
2. Any additional or different terms proposed by you in any purchase order, email, communication, or other document are expressly rejected and will not be binding on Otter unless expressly agreed in writing by an authorized representative of Otter.


2. Prices and Payment Terms
1. All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, tariffs, duties, or charges for shipping and handling. All applicable taxes, tariffs, duties, and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Discover, VISA, Mastercard, American Express, and PayPal for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Please see the “Order Status” page and our Website Terms of Use for more information about our online ordering system. If you do not have access to the Internet or you do not want to place an order online, please call our Customer Service Department at (1-855-688-7269) to place an order.


3. Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. Unless otherwise specified, you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery of the products to the carrier, except as otherwise required by applicable law. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Please read our Shipping Information for more shipping and delivery information. If Otter is unable to fulfill an order, your sole and exclusive remedy will be a refund of amounts paid for the affected product.

4. Returns and Refunds
1. Except for any products designated on the Website as non-returnable, including, without limitation, customized products, we will accept a return of products purchased directly from the Website for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of the original date of purchase and provided such products are returned in their original condition. Otter does not accept returns of customized products purchased on or through the Website that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery. To return products, contact our Customer Service toll free at 1-855-688-7269 or use this form to obtain a Return Merchandise Authorization ("RMA").
2. Unless otherwise specified, you are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
3. Refunds are processed within approximately fifteen (15) business days of our receipt of the RMA and your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR PURCHASED THROUGH A THIRD PARTY.


5. Limited Warranty

The products offered on the Website are covered by a limited warranty as detailed on the Limited Warranty section of the Website. The Limited Warranty does not apply to damage caused by misuse, modification, improper installation, accident, neglect, or use inconsistent with product instructions. To obtain warranty service for defective products, please follow the instructions included in the Limited Warranty.

6. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN OTTER'S LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTTER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OTTER OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

7. Products Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

8. Customized Products

A customization fee applies for all custom products. By submitting a design or placing your custom order, you represent and warrant that you own or otherwise possess all necessary rights with respect to the design content and that such content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right, or other intellectual property or other property right of any third party, and that the content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable. Otter reserves the right to cancel any custom order with content that infringes any intellectual property or is otherwise inappropriate for production. Please review your customized product carefully before placing your order. Customized products may not be modified, cancelled, or returned once the order has been submitted. Otter is not responsible for any errors or mistakes that have been approved.

9. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs how we process your personal information, including any personal information collected from you in connection with your purchase of products through the Website.

10. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA), ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTER'S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR PERSONAL INJURY, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Dispute Resolution; Arbitration; Class Action Waiver

All matters arising out of or relating to these Terms, your purchase, and the products and services are governed by and construed in accordance with the dispute resolution provisions of the Website Terms of Use, including any informal dispute resolution requirements, arbitration provisions, and class action waiver. Any claim arising out of or relating to these Terms or a purchase must be brought within one (1) year after the claim arises, to the extent permitted by law.

13. Intellectual Property

All trademarks, logos, product designs, images, and Website content are owned by or licensed to Otter and are protected by intellectual property laws. You may not use Otter's intellectual property without Otter's prior written consent. Products may contain embedded software licensed, not sold, and subject to applicable license terms provided with or referenced for the products. Any embedded software included in a product is licensed, not sold, solely for use as incorporated into the product and subject to applicable license terms. You may not separate, extract, or use embedded software independently from the product, nor transfer any related license. Reverse engineering is prohibited except as permitted by law.

14. Electronic Consent; Versioning

By placing an order, you acknowledge that you have had an opportunity to review these Terms and the Website Terms of Use via hyperlink and that you agree to them electronically. To the extent permitted by law, Otter may maintain records of your transaction, including the version of terms presented and timestamp, as a record of your consent to these Terms.

15. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of the foregoing is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16. No Waiver

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Otter.

17. No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us as follows: (a) by email to legal@otterproducts.com; or (b) by overnight courier or registered or certified mail at: 209 South Meldrum Street, Fort Collins, CO 80521, ATTN: Legal Department. We may update the email or physical address for notices to us by posting a notice on the Website. Notices provided by email transmission or overnight courier will be effective upon receipt.

19. Survival

Sections 6, 7, 11, 12, 13, and 16–20 shall survive termination or completion of any purchase.

20. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

21. Entire Agreement

Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.