LifeProof Policies and Warranty
Terms of Sale
Please read the Terms carefully and make sure that you understand them before placing any order to purchase products from our Website. Please note that before placing an order you will be asked to agree to the Terms. If you refuse to accept the Terms, you will not be able to purchase any products from our Website.
WE MAY MAKE CHANGES TO THE TERMS FROM TIME TO TIME AS SET OUT IN CLAUSE 12.7. YOU SHOULD RE-READ THE TERMS TO ENSURE THAT YOU UNDERSTAND THE TERMS WHICH WILL APPLY EVERY TIME YOU WISH TO PLACE AN ORDER FOR THE PRODUCTS. THE TERMS WERE MOST RECENTLY UPDATED ON 31, SEPTEMBER 2014. The Terms, and any Contract between You and Otter Products EMEA, are only in the English language.
1. Definitions and Interpretation
The following definitions and rules of interpretation in this condition 1 apply to these Terms:
CONFIDENTIAL INFORMATION means any and all information provided by either party under the Contract that is either (i) marked as being confidential (or in the case of verbal discussions is later confirmed in writing to be confidential) or (ii) information (however communicated) that is of a type that the other party could reasonably have been expected to know that the information was confidential;
DELIVERY LOCATION means the place where delivery of the Products is to take place under the Contract, as set out in the Order;
ORDER means any order made by You for Our Products through Our Website, incorporating these Terms.
ORDER CONFIRMATION means Our written confirmation of the Order, incorporating these Terms;
PRICE means the price payable by You for the Products, as notified by Otter Products EMEA;
PRODUCTS means any goods to be supplied to You by Otter Products EMEA under the Contract;
WE, US, OUR, OURS, LifeProof, Otter Products EMEA means Otter Products EMEA, a company incorporated in Ireland under company number 481927 with its registered office at 3rd Floor, 2 Georges Quay, Cork, Ireland; and
YOU, YOUR, YOURS means the person(s) who purchases the Products from Otter Products EMEA.
2. Formation of Contract
2.1 The statements relating to and the images of the Products on the Website are for guidance and illustrative purposes only and shall not form part of the Contract. Although We have made every effort to display the colours accurately, Your Products may vary slightly from those images displayed. The packaging of the Products may vary from that shown on Our Website.
2.2 Our Website shopping pages will guide You through the steps that You need to take to place an Order with Us. Our order process allows You to check and amend any errors before submitting Your Order to Us. Please check the details of Your Order at each stage of the ordering process.
2.3 Each Order shall be deemed to be an offer by You to purchase the Products from Us, subject to these Terms. No Order placed by You shall be deemed to have been accepted by Us, and no Contract shall be formed, until an [e-mail] Order Confirmation has been issued by Us to You.
3.1 The Price for the Product will be as quoted on the Website at the time You submit Your Order. Unless agreed otherwise in writing by Us, all Prices are shown and payable in Euro.
3.2 Unless otherwise stated, the Price is inclusive of VAT at the applicable current rate, a breakdown of which shall be displayed when We take payment for the Products from You. You are responsible for payment of any importation taxes, sales taxes or other charges which may be applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount. You must comply with all applicable laws and regulations of the country for which the Products are destined.
3.3 The Price for the Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm Your Order.
3.4 We have the right to vary the Price of the Products from time to time on reasonable notice to You but We shall not exercise Our right to vary the Price of the Products after We have issued an Order Confirmation.
3.5 Whilst We endeavour to ensure that all Prices displayed on Our Website are accurate, errors may occasionally occur. We shall inform You as soon as We become aware of an error in the pricing of a Product. [In the event of an error in the pricing of a Product which results in the Price of a Product being displayed at an incorrect Price], We shall also request Your confirmation as to whether You wish to proceed with the Order at the correct price or whether You wish to cancel Your Order. If We are unable to contact You for any reason, Your Order will be deemed cancelled. Any monies paid in respect of cancelled Orders shall be refunded in full within 30 days from the date of cancellation. Please note in all cases that if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mispricing, We do not have to provide the Products to You at the incorrect (lower) price.
The Price and all applicable delivery charges shall be due and payable by You [in advance] OR [in full and cleared funds at the time You place Your Order], unless otherwise agreed in writing by Us. [We will not charge or debit Your debit card or credit card until We dispatch Your Order.]
5.1 Delivery of the Products shall take place at the Delivery Location. It is Your responsibility to ensure that the address of the Delivery Location is accurate. We shall not be responsible if this Delivery Location is incorrect.
5.2 Delivery times or dates in respect of deliveries are estimates only and are not guaranteed.
5.3 We shall be entitled to deliver the Products in separate instalments. Any delay or failure by LifeProof to deliver, or any claim by You in respect of any one or more of the instalments in accordance with these Terms, shall not entitle You to treat the Contract as a whole as cancelled.
5.4 We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
(i) until receipt of Your payment for the Products and any applicable delivery charges;
(ii) if We are affected by an Event Outside Our Control, as described in Clause 11.
5.5 We will aim to deliver the Products within a period of 7 days after Order Confirmation; if no one is available at the Delivery Location, our courier will leave a collection slip notifying YOU as to where and when the Products will be available for collection. On delivery of the Products, which shall be completed when We have delivered the Products to the address You gave Us, You shall check the Products against the delivery note.
5.6 If, for any reason, You fail to take delivery of any of the Products on the date of delivery, or We are unable to deliver the Products because You have not provided appropriate instructions, documents, licences or authorisations, We may store the Products until delivery at a later date, at Your cost (including but not limited to storage and insurance costs). If You fail to take delivery of the Products (or in the event that our courier has notified YOU of where and when the Products can be collected, if you fail to collect the Products) within fourteen (14) days following the date of the first attempted delivery, We may cancel the Contract and sell the Products to someone else.
6.1 If We fail to deliver the Products [within the agreed timescales for delivery] then You can either, (i) give Us a new deadline for delivery, which must be reasonable or, (ii) cancel Your Order and We will refund any sums that You have paid to Us for the cancelled Products and their delivery charges. If We do not meet the new deadline agreed under (i) above, You may cancel Your Order and the same principles described in (ii) will apply.
7 PASSING OF RESPONSIBILITY AND OWNERSHIP
7.1 Delivery of an Order shall be completed when We deliver the Products to the address You gave Us (or in the event that no one is available at the DELIVERY LOCATION, when our courier has notified YOU as to where and when the Products will be available for collection) and the Products will be Your responsibility from that time. Accordingly following delivery by Us of the Products to You the Products will be held at Your own risk and We will not be liable for any loss or destruction of the Products.
7.2 You will own the Products once We have received payment in full from You of the Price, including all applicable delivery charges and an [e-mail] Order Confirmation has been issued by Us to You.
8 FAULTY PRODUCTS
8.1 In the event that any Products are found to be faulty [within a period of two years (or such longer period as required by law)] of the date You purchased the Products and such date of purchase is duly evidenced to Our satisfaction by the provision of a copy of the relevant proof of purchase or sale, You shall be entitled to return such Products to LifeProof.
8.2 In accordance with the LifeProof Warranty, in the event that We reasonably consider any Product returned in accordance with Condition 8.1 is:
(i) not faulty; or
(ii) damaged or otherwise caused to be unworkable as a result of any of Your actions;]
We may at Our sole discretion, return the same to You. We shall have no further obligations to You in respect of these Products.
8.3 Subject to Clauses 8.1 and 8.2, We shall, at Our absolute discretion:
(i) repair or replace faulty Products; or
(ii) refund the price of faulty Products, based on the quantity of the Products which are faulty, pro rata to the Price paid under the Contract.
9 OUR LIABILITY TO YOU
9.1 We do not in any way exclude or limit Our liability for:
(i) death or personal injury caused by Our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1893 (as amended by section 10 of the Sale of Goods and Supply of Services Act 1980) (title and quiet possession);
(iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1893 (each such section as amended by section 10 of the Sale of Goods and Supply of Services Act 1980) (description, satisfactory quality, fitness for purpose and samples);
(v) defective products under the Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations 2000.
9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity.
9.3 We are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights, in addition to those rights set out in these Terms, in relation to Products that are faulty or not as described.
9.4 Subject to clause 9.1, if We fail to comply with these Terms, We will be responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Contract.
10 YOUR RIGHT OF CANCELLATION, RETURN AND REFUND
10.1 You have a legal right to cancel this Contract at any time from the date of the Order Confirmation (the date on which We e-mail You to confirm Our acceptance of Your Order), which is when the Contract is formed. The deadline for cancelling the Contract is:
(i) 14 days after the day on which You receive the Product; or
(ii) 14 days after the day on which You receive the last installment of the Product, where an Order is delivered in instalments on separate days;
This means that if You change Your mind or decide for any other reason that You do not want to receive or keep a Product at any time during the relevant period specified above, You can notify Us of Your decision to cancel the Contract and receive a refund.
10.2 If You wish to cancel the Contract, You just need to let Us know. The easiest way to do so is by completing the cancellation form on Our Website. If You use this method We will e-mail You to confirm We have received Your cancellation. Alternatively, You can let Us know by letter in the form attached as Schedule A to these Terms of Sale, by posting it to Us at 3rd Floor, 2 Georges Quay, Cork or by email at firstname.lastname@example.org and comply with Our returns policy. Please include details of Your Order (including for the avoidance of doubt your order number and return code (if applicable)) to help Us to identify it. If You send Us Your cancellation notice by e-mail, fax or by post, then Your cancellation is effective from the date You send the e-mail, fax or post the letter to Us.
10.3 If You cancel Your Contract We will:
(i) refund You the Price You paid for the Products excluding delivery costs incurred by Us (and less any deduction that We are lawfully permitted to make to reflect any reduction in the value of the Products where this reduction in value has been caused by Your handling of the Products in a manner that goes beyond that necessary to establish their nature, characteristics and functioning);
We will make any refunds due to You within the following timescales:
(i) if You have received the Product, within 14 days after the day on which We receive the Product back from You; or,
(ii) if You have not received the Product, within 14 days after You inform Us of Your decision to cancel the Contract.
10.4 If You have returned the Products to Us because they are faulty or mis-described, We will refund the Price of the Products in full, together with any applicable delivery charges and any reasonable costs You incur in returning the Products to Us. We will refund You on the payment card that You used to make payment originally.
10.5 If a Product has been delivered to You before You decide to cancel the Contract:
(i) You must return it to Us within 14 days after the day on which You let Us know that You wish to cancel the Contract. [INSERT DETAILS OF RETURNS PROCESS E.G. VIA A FREE-POST RETURNS ADDRESS LABEL; THIS MAY ALREADY BE COVERED IN YOUR RETURNS POLICY];
(ii) unless the Product is faulty or mis-described (see clause 10.4), then You will be responsible for the cost of returning the Products to Us.
10.6 We are entitled to terminate the Contract immediately on written notice if:
(i) You fail to observe or perform any of Your obligations under the Contract; or
(ii) You are late in paying, or do not pay, any monies due to Us from You.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 11.2 below.
11.2 An "Event Outside Our Control" means an act or event beyond Our reasonable control, including but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, snow, explosion, flood, storm, epidemic, lock-outs, strikes, labour disputes or other industrial action by third parties, failure of public or private telecommunications networks or impossibility of transport networks, or other similar events.
11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(i) We will contact You as soon as reasonably possible to notify You; and
(ii) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return (at Our cost) any relevant Products You have already received and We will refund the price You have paid, including any delivery charges.
12.1 You expressly acknowledge and agree that, in entering into the Contract, You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding than as expressly set out in the Contract.
12.2 If any provision of the Contract or these Terms is held invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
12.3 Each of Our right or remedy under the Contract is without prejudice to any other rights or remedies belonging to Us, whether under the Contract or not.
12.4 Any failure or delay by Us in enforcing or partially enforcing any of Our rights or remedies under the Contract shall not be construed as a waiver of any of Our rights under the Contract and shall not prevent Us from later reasserting such rights or remedies.
12.5 Any notice or other communication given under these Terms shall be in writing [and shall be served by delivering it by pre-paid recorded delivery or email to Our registered office and Your address, as set out in the Contract, or such other address as shall be notified by each party to the other from time to time
12.6 We may amend the Terms of Sale from time to time. Every time You order Products from Us, the Terms of Sale in force at the time of Your Order will apply to the Contract between You and Us.
12.7 You shall not be entitled to assign, sub-contract or otherwise dispose of the Contract or any part of it without Our prior written consent. We may assign or sub-contract all or any part of Our obligations under the Contract to any person, firm or company.
12.8 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by, and construed in accordance with the laws of the Republic of Ireland and both You and We submit to the exclusive jurisdiction of the Irish courts.