Terms of Sale:
THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND MARMOT MOUNTAIN, LLC, AND ITS AFFILIATES INCLUDING ANY AFFILIATES OF NEWELL BRANDS INC. (collectively “Newell”, “we” or “us”) TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.
Orders and Acceptance
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid.
Except with respect to out of stock items, you cannot cancel or change an order once it has been submitted. All orders are expressly conditioned upon acceptance by us. You should notify us immediately if discrepancies are noted in the acknowledgment.
Lack of Availability
Newell makes a reasonable effort to provide correct inventory information on its website and through our Customer Service phone line. If an item you have ordered becomes unavailable after the order has been placed, we will cancel the order and notify you by phone, mail, or email. We reserve the right to cancel orders for out of stock items at any time.
We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free. Each product is warranted, if at all, only as set forth in the link associated with the description of that product. We encourage you to review product warranties before completing your purchase.
Parts from other models are not interchangeable, may not be safe and are not guaranteed by Newell. You may only order parts that are listed as being appropriate for the model you own.
We do not guarantee that all patterns or colors will match your model. At any time, Newell may substitute the original color or pattern of a product part with a different color or pattern.
All prices on our website are listed in U.S. Dollars. Prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
Promotional Code Rules & Restrictions
Please note that these terms and conditions may change for future promotions. When redeeming an offer advertised on our website, please click the hyperlinked promotion code, if shown, to read the specific promotional details.
Shipment and Delivery
Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge will be imposed at the time of your order. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier.
Returns are only accepted for items purchased on the website or through our telephone sales line and in accordance with the Return Policy set forth on ExOfficio.com. Newell does not accept returns of items purchased through any third-party, including its retail partners. To obtain further return information or to arrange to return your item please contact a Customer Service representative through the Contact Us form. All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on our website, you are accepting this return policy.
When you visit our website, place an order or send e-mails to us, you are communicating with us electronically You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to enter into this Agreement electronically covers the current transaction only. Future transactions will require additional consent. If you wish to have a copy of this Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact our Customer Service line at the number below.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
Choice of Law
You may contact a Customer Service representative through the Contact Us form.
Warranty information is included on ExOfficio.com. If you have any additional questions, please contact a Customer Service representative through the Contact Us form.