TERMS OF SALE
By using TurtleBeach.com (the "Site") to place an order for products offered on the Site (the "Products"), you accept and agree without modification to these Terms of Sale (the "Terms of Sale"). Voyetra Turtle Beach, Inc. (referred to herein as "Turtle Beach," "we," "us" or "our") reserves the right to change these Terms of Sale without prior written notice and at the sole discretion of Turtle Beach. The Terms of Sale were most recently updated in February 2018.
SUBMITTING YOUR ORDER:
An order placed by you in accordance with these Terms of Sale may only be placed through the Site. All orders for Products are subject to acceptance by Turtle Beach. We reserve the right to limit, reject, modify or cancel orders at our sole discretion. Information contained in our advertisements, brochures, other written materials or websites, or information given to you by our agents or employees, constitutes an invitation to bargain only, and does not constitute an offer by us to supply any Product. If we accept your order, we will notify you via email in an order confirmation issued by us to you indicating acceptance of your order (an "Order Confirmation").
All orders placed after 7:00am EST, regardless of shipping option, are processed the next business day (Monday-Friday). We only ship domestically. We cannot ship to a PO box for Ground, Expedited or Priority shipments. We observe all US national holidays.
Before you submit your order please verify that all the information you entered is correct. If you make a mistake entering your email address, your Order Confirmation, which contains valuable purchase information such as your order number and receipt of payment, will be delivered to the incorrect email address. Double check your information before you submit your order.
SHIPPING RATES & INFORMATION:
The shipping choices available from our Site's online store are estimates and do not guarantee the date of delivery. In no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. Your package will be processed using the selected shipping method, typically within 1-2 business day of your order being been approved (depending on Product availability and the time of day your order is submitted). All Priority orders are processed at the Adult Signature Required service. After your package has been shipped, you will receive an email containing a shipping confirmation, tracking number and carrier information. In order to avoid any additional return shipping charges, make sure that a household member is there to receive your package. If your Order contains several Products, such Products may be delivered on different days.
Packages returned to our fulfillment centers, due to incorrect addresses will be subject to return shipping fees.
Orders are not processed or shipped on the weekends and holidays. Weekend days should not be considered when calculating your delivery date.
Delivery of the Products fulfilled by Amazon is F.O.B. (as defined in Incoterms 2010). Delivery of the Products fulfilled by Turtle Beach is F.O.B.
We do not ship outside of the United States of America and certain of its foreign territories.
RETURNS/REFUND POLICY & PROCEDURE:
Customers who have purchased Products from TurtleBeach.com have within 30 days from the time they receive the Product(s) to return the Product(s) for a full refund. Once an order has been placed, it cannot be canceled or modified. Products that were not purchased on TurtleBeach.com are not eligible for return under this policy. Products must be returned in their original condition in their original and undamaged packaging to be eligible for return.
To request a refund, please send an email to firstname.lastname@example.org with your order number in the subject line. A sales representative will advise of your return eligibility and/or any additional action(s) that needs to be taken. You may then be issued a Return Merchandise Authorization ("RMA") number that will be emailed to you with further instructions.
Please ship Products in its original packaging back to Turtle Beach with the RMA number clearly marked on the outside of the shipping carton. Also include the packing slip and a copy of the order in the package. Packages without a valid RMA number may be refused and will be returned at your expense. The RMA expires after 20 days, so please be sure to ship the product within 20 days of receiving your RMA, otherwise it may be refused. Additional Product return instructions may be required.
Turtle Beach will pay for return shipping on all exchanges for damaged/defective product or in cases of our order errors. For all other returns, you are responsible for shipping the product back to us via a traceable method. Original shipping fees are non-refundable. Turtle Beach is not responsible for any returned Products lost or damaged in transit.
For any order related questions or concerns, please contact Customer Service at email@example.com. Please be sure to always reference your order number.
CLAIMS FOR DAMAGES:
Claims for damages to Products or errors in an Order must be made within 5 days of receipt. Claims for damages must first be reported to the delivering carrier (save all packing and cartons). We are not responsible for any damage to any third-party products connected to our Products.
Our warranty refers to the repair or replacement of a defective Product during the warranty period and not a refund. For a description of our warranty policy, please see the warranty policies described on our Site at https://support.turtlebeach.com/hc/en-us/articles/218942167
Within minutes after your order is submitted, you should receive an Order Confirmation email containing your order number and receipt of payment. You must save this confirmation email for your records.
If you do not receive an Order Confirmation email, please send an email to firstname.lastname@example.org and make sure that you do not have any anti-spamming, filtering or blocking software enabled, as this may prevent you from receiving a reply.
ORDER CHANGES & CANCELLATION:
Because of the quick turnaround times with which we ship orders, we cannot change orders after they have been submitted. If you wish to make changes to the delivery destination, you must contact the shipping vendor directly, once you receive a tracking number.
Once an order has been placed, it cannot be canceled or modified unless the Product is unavailable. If you wish to return the Product you are responsible for all additional shipping charges to and from Turtle Beach.
We will charge your credit card account upon placement of your order, including all pre-orders placed 30 to 90 days before shipment. By placing an order with us you agree that any credit card information provided by you is true and complete and you will pay the applicable listed price(s) in addition to any shipping and handling charges and applicable taxes. We accept PayPal and the following credit cards: Mastercard, Visa, Discover and American Express. For transaction security purposes, we may require additional information about your credit card account, and we reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. Payments made by credit card are subject to the approval of the financial institution issuing the credit card. Turtle Beach shall not be liable in any way if such financial institution refuses to accept or honor a credit card for any reason. If authorization cannot be obtained for your credit card at the time of order placement, you will need to make arrangements for an alternate form of payment. Certain orders may be subject to a verification period to protect all parties from unauthorized credit card use.
On occasions Turtle Beach will release coupon codes via email or other marketing channels that enable a discount to be applied to your order ("Coupon Codes"). To apply the Coupon Code, enter it as requested during the checkout process. The discount will then be applied to your order, subject to the following terms and conditions. Coupon Codes are only valid on full-priced items unless otherwise stated, and cannot be used in conjunction with any other offer. Coupon Codes are valid for a limited period of time (as specified in the marketing communication) and cannot be used outside of that period. Coupon Codes are for use by the intended recipient only and proof of entitlement may be requested by Turtle Beach, and Turtle Beach reserves the right to cancel your order in the event of an improper use of a Coupon Code. Turtle Beach reserves the right to withdraw, amend or extend Coupon Code promotions at any time, without prior notice. Specific offer terms and conditions will be provided with each Coupon Code.
Prices listed on the Site are payable in U.S. dollars. Prices and specifications of all Products may change without notice. Separate charges for shipping and handling and/or taxes will be shown on the checkout page, Order Confirmation and/or receipt of payment. You should always check that the final price and selected Product are correct before completing your order.
We reserve the right to correct any mistakes in price listed on the Site at any time. If a mistake in price is made, we will, at our sole discretion, either: 1) make reasonable efforts to notify you of the mistake and will offer you the option to purchase the Product(s) at the correct price or a full refund for the portion of your order relating to the erroneously priced Product(s); or 2) reject your order. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products at the erroneous price, and that our liability is limited to the actual price paid by you to us for the Products.
We are obligated to collect sales tax for purchases delivered to customers located within the state of California, New York, Texas, Mississippi, and North Carolina and your purchase on the Site will be subject to such sales taxes. Unless you provide a valid and correct tax exemption certificate applicable to the Product’s shipping location prior to acceptance of the order, you are responsible for all sales and other taxes associated with the order.
Purchases made on this Site are intended for end users only. Products sold on this Site are not authorized for resale.
We normally stock everything advertised on our Site, however some Products may occasionally become back-ordered or discontinued. In such cases, Turtle Beach may ship Products that have equivalent functionality and specifications of the Products ordered. If this occurs, a sales representative will make reasonable efforts to contact you prior to shipment.
Our policy is to implement Product updates, improvements and/or revisions as we, in our sole discretion, deem necessary. Accordingly, we reserve the right to, without liability or prior notice, revise or discontinue the production, sale or distribution of any of our Products at any time and to change the design of our Products and any parts thereof. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products, whether or not such Products are of a model, design or type previously sold.
All Products are designed for the operating systems, platforms and associated hardware that are listed on their boxes and on our Site under "System Requirements." Use of our Products with unlisted operating systems or platforms is not recommended, is not supported and does not constitute reason for a refund or reimbursement of any kind. Turtle Beach makes no warranties that our Products will function as expected in unconventional or problematic system configurations. Likewise, Turtle Beach does not provide any guarantees for compatibility with third-party products.
CHOICE OF LAW AND VENUE:
To the maximum extent permitted by law, these Terms of Sale are governed by the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the state of New York, and you hereby consent to the exclusive jurisdiction and venue of the federal courts located in the Southern District of New York in all disputes arising out of or relating to these Terms of Sale.
The headings in these Terms of Sale are for convenience only and shall not affect the meaning or interpretation of these Terms of Sale.
If a shipment date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, terrorism, strike, natural disaster, or any other event beyond our reasonable control and if, as a result of such delay, the Products are not available, we may substitute comparable goods. Turtle Beach is not responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control.
If any provision of these Terms of Sale is declared to be unenforceable by a court of competent jurisdiction, that provision is deemed severed and the other provisions in these Terms of Sale will remain in effect.
These Terms of Sale, together with the Order Confirmation, set forth the entire extent of our obligations and liabilities with respect to the supply of the Products and supersede all other agreements, written or verbal, between Turtle Beach and you regarding purchases placed through our Site.
Failure of Turtle Beach to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.