Terms and Conditions 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”). Turtle Beach Corporation (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 April, 2017.

BUSINESS HOURS:

Our business hours are from 9:00 AM to 5:00 PM ET, Monday through Friday. We observe all US national holidays.

Phone: 914-345-2255

Fax: 914-345-2266

Email: sales@turtlebeach.com

SUBMITTING YOUR ORDER:

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 confirmation email, 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.

ORDER CHANGES:

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.

ORDER CONFIRMATION:

Within minutes after your order is submitted, you should receive a confirmation email containing your order number and receipt of payment. You must save this confirmation email for your records.

If you do not receive a confirmation email, please send an email to  sales@turtlebeach.com 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.

Please note that we reserve the right to refuse to process any order.

PRICING:

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, confirmation email and/or receipt of payment. You should always check that the final price and selected Product are correct before completing your order.

SALES TAX:

Turtle Beach is obligated to collect sales tax for purchases delivered to customers located within the states of New York, California, Washington, Illinois, Massachusetts, Pennsylvania, and Tennessee. Unless you provide a valid and correct tax exemption certificate applicable to the Product’s shipping location prior to Turtle Beach’s acceptance of the order, you are responsible for all sales and other taxes associated with the order.

RESALE:

Purchases made on this Site are intended for end users only. Products sold on this Site are not authorized for resale.

OUT-OF-STOCK PRODUCTS:

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 contact you prior to shipment.

PRODUCT UPDATES:

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 Products at any time.

PAYMENTS:

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 the following credit cards: Mastercard, Visa, Discover and American Express. For transaction security purposes, we may require additional information about your credit card account. 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.

DELIVERY:

Delivery of the Products fulfilled by Amazon is FOB (as defined in Incoterms 2010). Delivery of the Products fulfilled by Turtle Beach is FOB.

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 one 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.

INTERNATIONAL ORDERS:

We do not ship outside of the United States of America and certain of its foreign territories.

You may find a list of all available North American and international distributors, resellers and retail stores on our website under the “Retail Locator” link. If a certain country is not listed, that means that there is no distributor in that particular country. Please note that some of our Products may not be available overseas. We cannot know whether a particular distributor has stock of a particular Product at any given time. If all else fails, you may be able to order the Product you are looking for from an on-line service who may also ship overseas.

ORDER CANCELLATION:

Orders that were already processed by our shipping department cannot be cancelled unless the Product is unavailable, and if you wish to return the Product you are responsible for all additional shipping charges to and from Turtle Beach, as well as restocking and/or transaction processing fees.

RETURNS/REFUND POLICY:

We will only exchange Products that are defective or damaged. For Products purchased directly from us, please send an email to sales@turtlebeach.com with your order number. Refunds for new Products purchased through this Site are honored until 30 days after the purchase date. Refunds for recertified/refurbished Products purchased through this Site are honored for up to 15 days after the purchase date, depending upon the applicable policy.

In addition:

• A 15% restocking fee applies to all returns within 30 days of the date of purchase
• Additional restocking fees will apply for any missing components, cables etc.
• Shipping charges are not refundable.
• If a Product is defective according to our manufacturing specifications, we will replace it. If you would instead like a refund, the 15% restocking fee applies.
• Any returned Product must be returned in its original packaging and in re-sellable condition.
• For hygiene reasons, certain accessories such as microphones, ear-pads, microphone windscreens as well as all apparel (T-Shirts, etc.) are not returnable under any circumstances.

RETURN/REFUND PROCEDURES:

In order to request a refund, please send an email to sales@turtlebeach.com with your order number in the subject line. A sales representative will apprise you of your return eligibility and/or any additional action(s) that must be taken. You may then be issued a Return Merchandise Authorization (“RMA”) number that will be emailed to you with further instructions.

You must ship the merchandise back to Turtle Beach with the RMA number clearly marked on the outside of the packaging. Include the packing slip and a copy of the order in the package. Packages without a valid RMA number are refused by our receiving department and returned to sender at the sender’s expense. All return shipping is to be paid by you. We must receive the return within 20 days after you receive your RMA number. The RMA number will expire on the 21st day after it was issued, at which time any returned Product will be refused.

Please ship the Product back to us via a traceable method (FedEx is recommended).

WARRANTY SERVICE:

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.

PRODUCT FUNCTIONALITY:

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.

CLAIMS FOR DAMAGES:

Claims for damages or errors 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.

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.

HEADINGS:

The headings in these Terms of Sale are for convenience only and shall not affect the meaning or interpretation of these Terms of Sale.

SCOPE:

These Terms of Sale represent the terms and conditions of purchase and supersede all other agreements, written or verbal, between Turtle Beach and you regarding purchases placed through our Site.

WAIVER:

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.