Owala Customization Program Terms & Conditions
The following terms and conditions apply to the Owala Customization Program (the “Program”), also referred to as Owala Tattoo, which is offered directly to customers by Trove Brands, LLC, the owner of the Owala Brand (referred herein as “Owala”). These terms are in addition to all other standard terms and conditions, warranties, return policies, privacy policies and disclaimers found on owalalife.com. If any portion of these terms and conditions conflict with any other term, condition, grantee or warranty listed above, the Owala Customization Program Terms & Conditions will apply.
Compliance with Terms and Conditions: By placing a customization order, you agree and acknowledge that your submission follows all the terms and conditions of the Program. If it is determined in Owala’s sole discretion that an order does not meet the terms and conditions of the Program, Owala may cancel any such order and refund any amounts paid within 30 days of the order being cancelled. You agree that refund of amounts actually received by Owala is the sole remedy available for any order cancelled due to such order not meeting the Program terms and conditions.
Customization submission guidelines: Request for customization of an Owala product may not contain content that is inappropriate, offensive or controversial in nature. Examples of such content include but are not limited to: explicit language; anything pornographic or sexual in nature; racist content; any reference to illegal drugs or paraphernalia; content that is demeaning or disrespectful to religions or religious figures; or politically controversial content. Content may not infringe on the intellectual property, privacy or other rights of any other individual or entity. Production of Customized Product is not an endorsement by Owala of any brand, company, ideology or other aspect of an individual or an organization. Past production of any design is not an indication that Owala will agree to future production of the same or similar design. Owala may contact you regarding your content or request translation of any content that is in a language other than English. Failure to respond to a request for more information, including instances where messages are not received as a result of technological issues (for example, spam folders, large file sizes or errors in provided contact details) will result in a your order being cancelled.
Content Ownership: By placing an order, you represent and warrant that you legally own the trademarks, logos, designs, or other identifiers (“Marks”) depicted on the template(s) associated with this order, which were uploaded by you. You hereby grant to Owala authorization to use the marks in the production of this order. You authorize Owala to use images and physical copies of the Customized Products created by Owala for your company in Owala’s marketing and other promotional materials including its website. The use of the marks is authorized until revoked in writing.
You also agree to defend, indemnify, and hold harmless Owala and our affiliated entities from any actual or threatened claim, proceeding, or suit brought by a third party (“Claim”) arising out of any content (including trademarks, logos, images, phrases or other materials or information) provided by you or on your behalf for inclusion in or on any Customized Products made for you, including any Claims arising out of the combination of such marks, logos, images or other materials with Trove Brands products. You agree to pay of all fees, costs and expenses for the defense of any Claims, all damages and costs awarded against us in any Claims, and all amounts that you agree to pay to any third party to settle any Claims.
Approval: During the order creation process, customers will see a digital rendering of the bottle. By clicking the “approve” button, you confirm that you have reviewed and approved the order as shown in the digital rendering. Owala is only responsible for customizing orders as shown in the digital rendering as approved. Owala is not responsible for identifying or correcting any errors in a submission, including but not limited to spelling errors, alignment errors and fuzzy or distorted images.
Delivery and Order Fulfillment: You acknowledge that processing and delivery dates listed at the time of order for a customized product are estimates. Exact order processing times will vary depending on many factors, including the complexity of the design and volume of your order. Your chosen shipping method will dictate the shipping cost as well as the speed of delivery of the Customization Product. Rush fees may apply for expedited orders. All delivery dates are subject to change due to production, shipping, or other delays beyond Owala’s reasonable control, including but not limited to delays caused by acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, or lack of availability of raw materials or energy. Owala is not liable for such delays. All order fulfillment and delivery times begin upon final approval by Owala staff that the submission meets all the Program Terms and Conditions.
Returns: Customized Product are not eligible for return and all sales are final.
Refunds: Products that have misprint or etching errors that do not match the approved digital renderings in the submission process are eligible for a refund or reprint/re-etch.
Cancellations: After a customer has approved and the order is finalized, customers have 24 hours to cancel the order. After 24 hours, orders may not be cancelled and customer may only receive a refund according the Refund policy stated above.
Warranties: Customized bottles are covered by the standard Owala warranty for the product that was customized. At the time of your warranty claim, you must identify that the bottle was customized. If the bottle base portion of a customized product qualifies for replacement under the Owala warranty process, the new bottle shall be reprinted or re-etched at no additional charge. If the product that was customized is out of stock or no longer available, customer may choose an alternative, in stock, option. If only a portion of a product (lid, straw, cup, bottle base, etc.) is covered under warranty and an identical replacement is not available, customer may choose an alternative part but will not be eligible for a replacement of the entire product. Any violation of the Program’s terms and conditions will result in all warranties related to the product being void.
Appeals: If you feel that there was a mistake regarding a decision not to complete a Program order, you may appeal the decision by emailing customerservice@owalalife.com. Appeals may take up to 30 days to be reviewed. Acceptance or denial of an appeal and any determination as to whether a submission complies with these terms and conditions shall be in Owala’s sole discretion.