INTRODUCTION
These Dometic Terms and Conditions (Consumer) ("Terms") apply to your access to and use of our Website, including any content, functionality, services and products offered on or through the Website, and govern all consumer orders for products, including spare parts ("Products"), placed by any individual or organization ("you" or “your”) from the Dometic Corporation or its subsidiary, Dometic Vehicle Outfitters (US) (collectively, “Dometic”, “we”, “our” or “us”), through our website at https://www.dometic.com (“Website”), as well as any and all subsequent use of such Products.
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DOMETIC. BY ACCESSING AND USING OUR WEBSITE (INCLUDING ANY SUBSEQUENT VISITS TO THE WEBSITE) OR SUBMITTING AN ORDER FOR A PRODUCT THROUGH THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS as of the date you first access the website.
IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS BELOW, YOU MUST NOT PLACE ANY ORDER ON THE WEBSITE OR OTHERWISE ACCESS OR USE OUR SERVICES.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION BELOW, AS IT REQUIRES ALL DISPUTES BETWEEN YOU AND US, INCLUDING DISPUTES ARISING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, TO BE RESOLVED BY FINAL, BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS, EXCEPT AS EXPRESSLY PROVIDED THEREIN. IF YOU DO NOT AGREE TO ARBITRATION, YOU MAY OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. THESE TERMS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY.
Capitalized words and phrases used in these Terms have the definitions given herein, or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.
ELIGIBILITY
You are (1) not a minor and are legally permitted to enter into a binding contract, including these Terms, with Dometic under the law applicable to you; (2) a resident of the United States; and (3) a consumer, not a reseller. If you do not meet each of these requirements, you may not access or use the Website or order any Product on the Website.
ADDITIONAL TERMS
These Terms constitute your entire agreement with Dometic with respect to your access to and use of our Website, including any content, functionality, services and products offered on or through the Website, and any Product ordered and purchased on our Website and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Dometic with respect to such activity.
Other terms and conditions may govern Dometic’s other offerings, including use of Dometic mobile apps, and you may be required to agree to those terms and conditions before accessing or using such offerings. In the event of a conflict between these Terms and any other agreement you have entered into with Dometic, these Terms will control as to your access and use of the Website and orders for and purchases of Products from the Website and your subsequent use of those Products, and any other agreement will control with respect to the offerings to which it applies.
MODIFICATIONS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately upon posting and will apply to any use of the Website or orders placed from that date forward. Any orders placed or Website use occurring prior to our posting a new version of these Terms will remain governed by the version of the Terms in effect at the time.
PRODUCTS
While Dometic endeavors to display the details of each Product on the Website accurately, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). For this reason, information on the Website regarding the details of a Product is included as a guide only and we make no representations as to the completeness, accuracy, reliability, validity, or timeliness of any listings, descriptions, or images for any Products available on the Website (including any features and specifications such as weights and sizes). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. If you are uncertain about the details of any Product, please contact us at customersupport@dometic.com or 866-840-0321 (toll free).
ORDERING PRODUCTS
After selecting your desired Product(s), you may place an order for them by proceeding through and completing the checkout process as directed on the Website. By completing the checkout process and submitting your payment information, you make Dometic an offer to purchase the Products in your order pursuant to these Terms and agree to pay Dometic for such Products if and when Dometic accepts your offer.
After completing the checkout process and submitting your order, we will send you an email acknowledging your order and detailing the Products you have ordered. Please store your order number and date for future reference. The order acknowledgement confirms that Dometic has received your order, but does not constitute Dometic’s acceptance of your order.
Once we process and accept your order, we will send you an email or text message confirming your order (the “Order Confirmation”). The Order Confirmation constitutes our acceptance of your order and, upon your receipt of the Order Confirmation, your order becomes a binding contract between you and Dometic, governed by these Terms. You are deemed to have received the Order Confirmation on the date we send the email to the address you provide with your order.
You may cancel or update your order up until Dometic has sent you the Order Confirmation, so please contact us if the order acknowledgement appears incomplete or incorrect. You may not modify or cancel your order after we send the Order Confirmation. If an Order Confirmation differs from your order in any way, including with respect to Products, prices, or quantity, you must notify us immediately of the discrepancy and we will, in our discretion, either correct the discrepancy or cancel your order. If you fail to notify us of any discrepancy before we ship your Products, you agree that the terms of our Order Confirmation will apply to your order.
Fulfillment of all orders is subject to availability. If a Product that you have ordered is not in stock (including if the ordered quantity is partially not in stock), we may cancel your order or, where we expect the Product to come back in stock, we may contact you and permit you to maintain your order. In all cases, we explicitly reserve the right not to accept or fulfill your order for any reason.
DELIVERY
We will ship the Products in your order using the shipping method you select during the checkout process. We will endeavor to deliver all Products to the address you provide in your order (your “Delivery Address”) within a reasonable period of time after sending you the Order Confirmation. Shipping and delivery dates, however, are estimates only and cannot be guaranteed. If Products are not available within the estimated delivery times or in the ordered quantity, we may notify you through the contact information you provided with your order. If Products are not available in the ordered quantity, you may decide to receive such lower quantity and cancel the remaining ordered quantity or cancel your entire order.
Title and risk of loss in and to the Products will pass to you upon our delivery of the Products to the carrier for shipment. Delivery is deemed completed when the Products are delivered to the Delivery Address. You agree to reimburse us for any additional storage, insurance, shipment, or handling costs that we incur due to your failure to take delivery at your Delivery Address.
Products may be shipped by Dometic Corporation, Dometic Vehicle Outfitters (US), or one of their affiliates, including, but not limited to, Igloo Products Corp.
PRICES AND PAYMENT
Although Dometic endeavors to ensure that all prices on the Website are accurate, errors may occur. If Dometic discovers an error in the price of Products you have ordered, Dometic will endeavor to inform you and give you the option of reconfirming your order at the correct price or cancelling the order entirely. We will not be obliged to supply Products at an incorrect price, even if we have already issued an Order Confirmation.
Prices on the Website may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you during the ordering process or included in the Order Confirmation. Prices may change at any time prior to (but not after) our issuance of the Order Confirmation and acceptance of your order. Dometic does not price match with dealers or competitors.
During the checkout process, you will be asked to select a payment method for your order. By specifying a credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism in your order, you grant Dometic the right to charge the applicable payment account you provided for all prices, taxes, and any applicable shipping and handling, incurred in connection with your order. We will charge the applicable payment account upon acceptance of your order and will dispatch the Products after we receive payment in full. You represent and warrant that the payment details you provide with your order are valid and correct and that you are an authorized user on the applicable payment account.
INSPECTION
Upon taking delivery of a Product, you shall promptly inspect each Product to verify that it (1) is the Product you ordered and (2) was not damaged during shipment (“Nonconforming Products”). If you receive a Nonconforming Product, you must notify Dometic’s customer service department within 5 days of delivery.
INSTALLATION AND USE
You are solely responsible for the proper selection, installation, and use of all Products. You agree to read and follow any instructions accompanying each Product, as well as the relevant user or product manuals and installation guides, which can be found on the Product page on the website (“Manuals”). You agree to always install any spare parts that you purchase on the Website in accordance with the relevant Dometic Manual for the Product into which you intend to install and use the spare parts.
Please note that ANY use, installation or maintenance of any Product which is not carried out in accordance with Dometic’s instructions or manuals may cause personal injury, DEATH, or DAMAGE TO PROPERTY, INCLUDING THE PRODUCT itself. DOMETIC DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR USE OF any PRODUCT NOT IN ACCORDANCE WITH THE applicable MANUAL or any other instructions provided by Dometic.
WARRANTIES
Some Products may be subject to a limited manufacturer’s warranty (“Limited Product Warranty”), which will be provided in accordance with the terms and exclusions in effect at the time of shipment. All Limited Product Warranty terms and exclusions for those Products subject to a Limited Product Warranty are available prior to purchase on the Product page on the Website or upon request from Dometic at customersupport@dometic.com.
EXCEPT FOR THE LIMITED Product WARRANTY applicable to any product, each product PROVIDED BY Dometic is sold “AS IS” and WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND. Dometic EXPRESSLY DISCLAIMS, AND you DISCLAIM ANY RELIANCE ON, ALL other REPRESENTATIONS, WARRANTIES, AND COVENANTS, WHETHER EXPRESS OR IMPLIED, REGARDING THESE TERMS OF SALE AND all products, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. your sole and exclusive remedy for any breach of A LIMITED product warranty is set forth in SUCH LIMITED product warranty.
If you are asserting a warranty claim or experience any issues with a product, please visit our warranty page or contact customer service at customersupport@dometic.com or 866-840-0321 (toll free).
30 DAY RETURN POLICY
If you are not satisfied with your purchase of a Product, Dometic may allow you to return the Product if permitted under our Return Policy. All Products must meet all of the requirements of the Return Policy to be eligible for return. For Products purchased from an authorized dealer, the dealer’s return policy applies; please contact your selling dealer directly for more information.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations under these Terms where such failure or delay is caused by or results from acts or circumstances outside our reasonable control, including acts of god, fire, flood, earthquake, severe weather, disasters, explosions, war, invasion or hostilities (whether declared or not), acts of terrorism, riot, or other civil unrest, national emergency, revolution, lockouts, strikes or other labor disputes (whether or not involving our employees), epidemics, pandemics, acts of state, local or federal government or of any other competent authorities, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage as well as other force majeure events pursuant to applicable law.
PRIVACY
Any personal information that you provide to Dometic is subject to our Privacy Policy, which details our data collection, use, and disclosure practices. In addition to these Terms, the Privacy Policy also governs your visit to this Website, and by using this Website, you agree to be bound by the terms of our Privacy Policy, which is expressly incorporated by reference.
LIMIT OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DOMETIC, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR ANY PRODUCTS, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF DOMETIC AND/OR ITS PARENT, SUBSIDIARIES OR AFFILIATES WERE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL CUMULATIVE LIABILITY OF DOMETIC, ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, IN CONNECTION WITH THESE TERMS AND ALL PRODUCTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO DOMETIC FOR THE SPECIFIC PRODUCT GIVING RISE TO SUCH LIABILITY OR $50, WHICHEVER IS GREATER.
YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. THE FOREGOING DOES NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DOMETIC, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LAWSUITS, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; AND/OR (2) YOUR USE, INSTALLATION, OR MAINTENANCE OF ANY PRODUCT, OTHER THAN IN ACCORDANCE WITH THE INSTRUCTIONS WE PROVIDE IN CONNECTION WITH SUCH PRODUCT.
GOVERNING LAW
The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Illinois as such laws apply to contracts between Illinois residents performed entirely within Illinois, without regard to the conflict of laws provisions thereof, except that for purchases from Dometic Vehicle Outfitters, the laws of the State of California shall apply. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, and the parties hereby disclaim the application thereof.
DISPUTES
You and Dometic agree that any dispute that has arisen or may arise between us relating in any way to any order or Product, any subsequent use of any Product, or the validity, interpretation, breach, enforcement, or termination of these Terms, or otherwise relating to Dometic in any way (collectively, “Covered Disputes”) will be resolved in accordance with the provisions set forth below.
Our Arbitration Agreement
You and we agree that these Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings and, to the maximum extent possible, shall preempt application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act governing the payment or shifting of fees or costs of arbitration, choice of law, and the availability of discovery. Any Covered Dispute must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. The arbitrator shall not conduct any form of class or collective arbitration, however, in the event that ten or more claims in arbitration are initiated which assert the same or similar factual allegations or present the same or similar legal issues, and representation is consistent or coordinated across the cases, we may elect to apply AAA’s Mass Arbitration Supplementary Rules and may also request that one or more of the claims be consolidated for resolution consistent with Rule 8 of the Commercial Rules, and in such instance, you agree to consolidate your claim with the claims of other claimants for resolution. In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to each consolidated claim, taking into consideration the particular facts and evidence presented by each claimant in resolving individual claims. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration.
Prior to initiating arbitration, you must first send us written notice of the dispute, which explains the issue, notes any previous efforts to resolve the dispute, includes all supporting documents/information, and specifies your proposed resolution. Any such notice must include your full name, your email address, your residence address, including the zip code, and a telephone number at which we can reach you. Notice must be sent to us by email at LegalAdminUS@dometic.com, or by US mail to Dometic Corporation, ATTN: LEGAL DEPARTMENT, 9900 Corporate Campus Drive, Suite 2600, Louisville, Kentucky 40223. You agree that you will give us 30 days from the receipt of your notice to attempt to reach an informal resolution of the dispute and that you will not initiate arbitration or litigation prior to the expiration of 30 days. If we intend to assert a claim or dispute against you, we will send a similar notice to you using the contact information you have provided to us and will provide you with 30 days to attempt to resolve the dispute. You and we agree that if either party initiates arbitration or litigation without first providing notice, or without first allowing 30 days to resolve the dispute, except as provided herein, the other party shall be entitled to recover its reasonable costs, including attorneys’ fees, incurred to enforce the rights described in this section.
You and we agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limit of Liability” section of these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different consumers, but is bound by rulings in prior arbitrations involving the same consumer to the extent required by applicable law, and, as provided above, shall resolve common issues of law and fact consistently where claims are consolidated for resolution. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDIUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS WHO HAVE NOT SUBMITTED CLAIMS IN ARBITRATION.
There are only two exceptions to this agreement to arbitrate. First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Unless you and we agree otherwise and except as described above with respect to relief sought in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Dometic must be resolved exclusively by a state or federal court located in Chicago, Illinois. You and we agree to submit to the exclusive personal jurisdiction of the courts located within Chicago, Illinois for the purpose of litigating all such claims or disputes.
You May Opt-Out of Arbitration
IF YOU WISH TO OPT-OUT OF ARBITRATION YOU MUST SEND THE OPT-OUT NOTICE DESCRIBED BELOW WITHIN 30 DAYS OF YOU FIRST HAVING ACCEPTED THESE TERMS (E.G., BY USING THE WEBSITE, CREATING AN ACCOUNT, OR MAKING A PURCHASE) OR WITHIN 30 DAYS OF US PROVIDING NOTICE OF A CHANGE IN THE TERMS OF ARBITRATION.
Procedure to Opt-Out
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with any account(s) to which to the opt-out applies to arbitrationoptout@dometic.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Sale will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
You Waive Certain Rights
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY USE OF THE WEBSITE OR CONTENT MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
NOTICES
Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Dometic by postal mail to the address for Dometic listed on the Website. Dometic may provide you with any notices required or allowed under these Terms by sending you an email to the email address you provide to Dometic in connection with your order, provided that in the case of any notice applicable to both you and other users of the Website, Dometic may instead provide such notice by posting on the Website. Notices provided to Dometic will be deemed given when actually received by Dometic. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) Dometic party is notified that the e-mail address is invalid.
GENERAL TERMS
You agree to comply with all applicable laws, regulations and ordinances relating to your purchase and use of Products under these Terms, including all export and import laws. You may not export or re-export the Products to certain countries or to those persons or entities prohibited from receiving exports from the United States. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by Dometic under these Terms must be in writing or later acknowledged by Dometic in writing. Any waiver or failure by Dometic to enforce any provision of these Terms on one occasion will not be deemed a waiver by Dometic of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. You may not assign or transfer either these Terms or any of your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. EXPLORER REWARDS PROGRAM The following terms and conditions apply to participation in the Explorer Rewards Program ("Rewards Program") offered by Dometic. Participants in the Rewards Program can earn points through purchases and other interactions. These points can be used once on future orders to reduce the price to be paid. Requirements for participation in the Rewards Program
Any natural person who is at least eighteen years of age, is a consumer, and is resident in the United States may participate in the Rewards Program. If these persons participate in the Rewards Program, they are "Participants" within the meaning of these Terms.
Participation is free of charge.
To participate in the Rewards Program, the participant must have a customer account on the Website and have explicitly registered for the Rewards Program via the Website. It is possible to withdraw from the Rewards Program at any time via the Website.
Points cannot be transferred from one customer account to another.
There is no legal right to participate in the Rewards Program. Dometic may refuse Participants participation in the Rewards Program without giving reasons or terminate their participation with reasonable notice, or without such notice if there is an important reason. Important reasons include abuse, fraud, and the use of multiple accounts by the participant.
The points collected cannot be converted, in particular they cannot be paid out in cash. This does not apply if mandatory law requires a payout (e.g., remaining credit below a de minimis threshold).
Changes to the Rewards Program, changes to the conditions of participation
Dometic may terminate or change the Rewards Program with reasonable notice, or without such notice if there is an important reason, while taking the interests of the Participants into account. An important reason in this sense exists in particular if the Rewards Program is the subject of fraud or abuse.
Dometic may amend these terms and conditions of participation to the extent necessary to ensure simple and secure processing and, in particular, to prevent fraud and abuse of the Rewards Program. All Participants will be notified of any material changes in advance.
Collecting points
Participants can earn points by making purchases on the Website, writing reviews on the Website, through certain interactions with Dometic social media profiles, and, where applicable, through other actions (collectively, "Interactions"). Participants may also receive a Birthday Bonus.
Points can only be collected and redeemed on the Website in the United States for which the participant has registered.
Dometic may decide at any time that a different number of points or no points can be collected for an Interaction.
Some points may be credited after a delay. For example, this can happen once a return period has ended.
If an Interaction is reversed, for example, if an order is completely or partially returned, the points collected will be deducted from the participant's points account. If the points have not yet been credited to the points account, they will not be credited.
Participants will automatically receive points credited to their points account on their birthday ("Birthday Bonus"). This only applies if the birthday has been voluntarily entered into the user account at least 30 days before the birthday. If the birthday falls within this 30-day period, the participant will only receive the points for their birthday 30 days after entering their birthday in the first year. If the participant enters their date of birth in the current year after their birthday, they will not receive a Birthday Bonus for that year.
VIP levels
Depending on how much money a user spends on the Website in a calendar year, they will be assigned a VIP level. With a higher VIP level, the user receives more points for their Interactions.
Participants automatically reach the higher level when they meet the requirements.
Redeeming points
Collected points can only be used once.
Points cannot be combined with other discounts and promo codes.
If an order for which the participant has used points for payment is reversed, the participant will be refunded the amount they paid after deducting the discount from the points, and the redeemed points will be credited back to the points account.
Expiration of points and VIP levels Collected points that have not been redeemed and VIP levels achieved will expire if the participant does not make another purchase on the Website within twelve months of the last purchase. However, collected points will expire at the earliest at the end of the year following the year in which the respective points were collected.
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