Website Terms of Use

These Terms of Use (together with our Privacy and Cookie Policy ) describe the terms and conditions applicable to your use of any and all websites (“Sites”) owned and operated by or on behalf of Otter Products EMEA Unlimited (“Otter”, “we”, “us” or “our”). Your access to and use of the Sites and the information, materials, products, and services available through the Sites is subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, shopping, or uploading content on the Sites, you acknowledge that you have read these Terms of Use, and that you agree to be bound by its terms and conditions, so please read them carefully.

This website is operated for Otter by our service provider Salesforce. The fulfilment of orders placed upon the website is carried out by Arvato for and on behalf of Otter, but for the avoidance of doubt, your agreement is made with Otter. Notwithstanding the foregoing, any and all limitations and exclusions on our obligations and liability and any disclaimers made by us in these Terms of Use shall apply equally to Salesforce. We reserve the right to modify these Terms of Use at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting revised Terms of Use on our Terms page. Accessing, browsing, shopping, or uploading content on the Sites after such notice shall be deemed to constitute acceptance of such modifications.

Terms and Conditions of Sale

These Terms and Conditions of Sale (together with our Terms of Use, Privacy and Cookie Policy and Warranty Policy) set out the legal terms and conditions ("Terms") that will apply to all transactions made for the sale of products to you through our website.

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 IN MARCH 2024.

English shall be the governing language of these Terms and any Contract between You and Otter. Any translation of these Terms and the provisions of the Contract into other languages is for information purposes only. In the event of any inconsistency between the English text and any translation, the English version shall prevail.

DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation in this condition 1 apply to these Terms:

CONTRACT means the contract between You and Otter for the sale of the Products via the Website and which incorporates these Terms of Sale, the Order, the Order Confirmation, Terms of Use, Privacy and Cookie Policy and Warranty Policy 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 means any goods to be supplied to You by Otter under the Contract;

WE, US, OUR, OURS, Otter means Otter Products EMEA Unlimited, a company incorporated in Ireland under company number 481927 with its registered office at Floor 5, Hibernian House, 80A South Mall, Cork, T12 ACR7, Ireland.

WEBSITE means our otterbox.ie website.

YOU, YOUR, YOURS means the person(s) who purchases the Products from Otter.
FORMATION OF CONTRACT
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. 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.
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.
PRICE
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 the currency listed on the Website.
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. 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.
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.
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.
PAYMENT
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.]
DELIVERY
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.
2. Delivery times or dates in respect of deliveries are estimates only and are not guaranteed.
3. We shall be entitled to deliver the Products in separate instalments. Any delay or failure by Otter 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.
4. We reserve the right, at Our sole option, to cancel or withhold the delivery of any Products, in whole or in part:
  - until receipt of Your payment for the Products and any applicable delivery charges;
  - if We are affected by an Event Outside Our Control, as described in Clause 11.
5. We will aim to deliver the Products within a period of seven (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.
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.
NON-DELIVERY
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.
PASSING OF RESPONSIBILITY AND OWNERSHIP
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.
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.
FAULTY PRODUCTS
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 Otter.
2. In accordance with the OtterBox Warranty, in the event that We reasonably consider any Product returned in accordance with Condition 8.1 is:
  - not faulty; or
  - 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.
3. Subject to Clauses 8.1 and 8.2, We shall:
  - if you have notified Us of the fault within a period of 30 days beginning with the day on which You received the faulty Product, at Your discretion, either
    - repair or replace faulty Products; or
    - 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
  - if you have notified Us of the fault after a period of 30 days beginning with the day on which You received the faulty Product, at Our discretion:
    - repair or replace faulty Products; or
    - 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.
OUR LIABILITY TO YOU
1. We do not in any way exclude or limit Our liability for:
  - death or personal injury caused by Our negligence;
  - fraud or fraudulent misrepresentation;
  - any breach of the terms implied by sections 14 and 16 of the Consumer Rights Act 2022 (title and quiet possession);
  - any breach of the terms implied by sections 17, 18 and 19 of the Consumer Rights Act 2022 (description, satisfactory quality and quantity, fitness for purpose, samples and installation);
  - defective products under the Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations 2000.
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.
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.
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.
YOUR RIGHT OF CANCELLATION, RETURN AND REFUND
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:
  - 14 days after the day on which You receive the Product; or
  - 14 days after the day on which You receive the last instalment 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.
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 contact 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 posting a letter to Otter Products EMEA Unlimited at Floor 5, Hibernian House, 80A South Mall, Cork, T12 ACR7, Ireland. 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 a letter by post, You may use the cancellation form attached as Schedule A to these Terms of Sale, but it is not obligatory. Please also note the procedure for returns explained here. If You send Us Your cancellation notice via our contact form or by post, then Your cancellation is effective from the date You submit the contact form or post the letter to Us.
3. If You cancel Your Contract We will 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:
  - if You have received the Product, within 14 days after the day on which We receive the Product back from You; or,
  - if You have not received the Product, within 14 days after You inform Us of Your decision to cancel the Contract.
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.
  If a Product has been delivered to You before You decide to cancel the Contract:
  - You must return the Product to Us within 14 days after the day on which You let Us know that You wish to cancel the Contract.;
  - 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.
5. We are entitled to terminate the Contract immediately on written notice if:
  - You fail to observe or perform any of Your obligations under the Contract; or
  - You are late in paying, or do not pay, any monies due to Us from You.
EVENTS OUTSIDE OUR CONTROL
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.
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.
3. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
  - We will contact You as soon as reasonably possible to notify You; and
  - 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.
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.
GENERAL
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.
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.
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.
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 or remedies under the Contract and shall not prevent Us from later reasserting such rights or remedies.
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.
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.
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.
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.

SCHEDULE A

Cancellation Form

Export Control

By accepting these Terms of Use, you agree that:

You shall not export, directly or indirectly, any Products which are subject to applicable export control law and regulation, such as those of Japan, European Union and/or the U. S., and at the time of export requires an export license or other government approval, without first obtaining such license or approval; and
You will comply with Article 12g of EU Regulation 833/2014 and Article 8g of EU Regulation 765/2006 in relation to the EU Sanctions against the Russian Federation and Belarus.

Privacy and Cookie Policy

The Privacy and Cookie Policy (“Privacy and Cookie Policy”) for this Otter Website forms part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to the collection and use of your information by the Sites as described in the Privacy and Cookie Policy.

Intellectual Property Policy

The OtterBox Intellectual Property Policy (“IP Policy”), which governs the use of Otter’s copyrights, trademarks, and patents, including content on the Sites, forms part of these Terms of Use and is incorporated herein by this reference. To the extent the IP Policy references our affiliate Otter Products, LLC, all such terms apply equally through these Terms of Use to your relationship with Otter. By accepting these Terms of Use you agree to be bound by the IP Policy.

Information, News and Press Releases

The Sites may contain information, news, and/or press releases about us. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update any such information, news, or press releases. Your reliance on information contained on the Sites is at your own risk.

Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service and content we provide on our Sites without notice. The Sites may be temporarily unavailable from time to time for maintenance and other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in the operation of the Sites. We are not responsible for any technical malfunction or other problems of any network, server, service, or equipment resulting from or in connection with your use of the Sites.

Links to Third Party Websites

The Sites may contain links to websites published by other content providers. Also, at your request, the Sites may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.

Your Provision of Personal Information to us

By using our Sites you are consenting to Otter’s collection of any personal information you provide to our Sites and the terms of our Privacy and Cookie Policy. When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Sites and refuse any and all current or future use of the Sites or any portion thereof.

User-Provided Content on the Sites

You understand that all information, data, or other materials that you or another user provide in connection with the Sites or otherwise communicate to us, including, but not limited to, text, graphics, audio, video, photos, social media content and other materials, are the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Sites. We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. We do not monitor User Content, and you understand that by using the Sites, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User Content which has been uploaded, posted, emailed, transmitted, or otherwise made available in connection with the Sites.

By uploading, posting, emailing, transmitting, or otherwise making available any content (content which may include but is not limited to text, graphics, audio, videos, photos, social media content etc) (the “User-Provided Content” or “User Content”) to Otter, you represent and warrant that:

all "moral rights" that you may have in such content have been voluntarily waived by you;
all content that you post is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity;
You have not violated the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation; and
you are at least 18 years old.

All User-Provided Content that you submit may be used at Otter's sole discretion. Otter reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Sites in its sole discretion. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Otter, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

Your Conduct

By submitting any User Content to Otter, you further represent and warrant that you shall not:

Upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, misleading or that would otherwise be likely to deceive any other party;
Upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Sites;
Upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit, or otherwise make available any User-Provided Content for which you were compensated or granted any consideration by any third party;
Upload, post, email, transmit, or otherwise make available any User-Provided Content that includes any information that references other websites, addresses, email addresses, phone numbers or other contact information;
Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
Interfere with or disrupt the operation of the Sites or server networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
Attempt to gain or gain unauthorized access to the Sites and/or any service, other accounts, computer systems or networks connected to Sites, through hacking, password mining or any other means;
Attempt to obtain or obtain any materials or information through any means not intentionally made available to you through the Sites; or
Collect or store information about other users of the Sites.

Your Grant of Limited License

By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, subject to our Privacy and Cookie Policy. You represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.

You hereby release, discharge and agree to hold Otter, our affiliates, and any person acting on our behalf, harmless from any liability related in any way to Otter and our affiliate’s use of your User Content.

Registration and Passwords

The Sites may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.

Purchases

If you wish to purchase any products or services made available through the Sites, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. By initiating a purchase, you represent and warrant that you (a) are eighteen (18) years of age or older and (b) have the legal right to use the payment means selected by you. By supplying such information, you authorise the use of such information in accordance with our Privacy and Cookie Policy, including, but not limited to, by providing such information to third parties for the purposes of order fulfilment and payment processing. You also understand and acknowledge that Otter uses a third-party payment processor to process credit card payments on our behalf, and when you supply payment information in connection with a purchase you agree that Otter is not responsible for the security of such information when it is in the control of the third-party payment processor.

Disclaimer of Warranties

THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

The Sites and their content are provided without any guarantees, conditions, or warranties as to their completeness or accuracy. To the extent permitted by law, we hereby expressly exclude: (a) all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity; (b) any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Sites or in connection with the use, inability to use, or results of the use of the Sites, any websites linked to them, and any materials posted on them, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this paragraph shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect: our liability for death or personal injury arising from our negligence; our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter; or any other liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Sites, your violation of these Terms of Use, your misuse of the Sites, or your violation of any third-party rights.

Choice of Law and Jurisdiction

These Terms of Use shall be governed by the laws of the Republic of Ireland without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms of Use and/or your use of the Sites must be resolved in the courts of the Republic of Ireland. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. Because some jurisdictions do not permit the choice of law and jurisdiction, these requirements may not apply to you.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Attorney's Fee

In addition to any other relief, the prevailing party in any action arising out of these Terms of Use shall be entitled to attorneys' fees and costs.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Notices

You accept that most communications we have with you will be electronic, including by posting information on the Sites and sending you emails, and that electronic communications will be considered to be in writing. We may give you notice at your postal or email address. You may give us notice by writing to us at the address set out above. Notice will be deemed received and properly served two business days after the sending of a letter.

Assignment

These Terms of Use are binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract, and otherwise dispose of any of our rights or obligations arising under these Terms of Use to a member of our group of companies at any time without your agreement. You may not transfer any of your rights or obligations.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any events outside our reasonable control, including (without limitation): fire, storm, flood, industrial action, or transport disruption, affecting us or any third party we may use to fulfil our obligations under these Terms of Use. Our performance is deemed to be suspended for the period that such an event continues, and we will have an extension of time for performance for the duration of that period.

Waiver

Any waiver by us of any breach of any provision of these Terms of Use shall not operate as or be deemed a waiver of any other breach of such provision or any breach of any other provision of these Terms of Use. All waivers must be in writing. Failure on our part to require strict compliance with any of the terms of these Terms of Use on one or more occasions shall not be deemed a waiver or deprive us of the right to require strict compliance with that term or any other term of these Terms of Use.

Third Party Rights

A person who is not party to these Terms of Use shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Termination

We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Sites, with or without notice, for any reason or no reason, including without limitation your violation of these Terms of Use.

Contact Us

If you have any questions about these Terms of Use, you can contact us at [email protected]. In addition, our mailing address is Floor 5, Hibernian House, 80A South Mall, Cork, T12 ACR7, Ireland.

These Terms of Use were last updated on 07.03.2024.