Terms and Conditions

Last Updated: December 2, 2025

1. Acceptance of Terms

By accessing and using the ORCA Coolers website (orca-coolers.com), you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, please do not use our website or purchase our products.

2. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Use our website for any fraudulent purposes
• Interfere with the proper functioning of the website

Account Responsibility

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Product Information and Orders

Product Descriptions

We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that product descriptions or other content on our website is accurate, complete, reliable, current, or error-free.

Pricing

All prices are listed in US dollars and are subject to change without notice. We reserve the right to correct any pricing errors on our website.

Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.

4. Payment Terms

Payment must be received in full before we process your order. We accept major credit cards and other payment methods as indicated on our website. By providing payment information, you represent that you are authorized to use the payment method.

5. Shipping and Delivery

Shipping times are estimates only and are not guaranteed. ORCA Coolers is not responsible for delays caused by shipping carriers or circumstances beyond our control. Title and risk of loss pass to you upon delivery to the carrier.

6. Returns and Refunds

Please refer to our separate Return Policy for detailed information about returns, exchanges, and refunds. All returns must comply with our return policy to be eligible for a refund or exchange.

7. Warranty

ORCA Coolers products come with a limited manufacturer’s warranty. The warranty covers defects in materials and workmanship under normal use. The warranty does not cover damage caused by misuse, abuse, accidents, or normal wear and tear.

Warranty Limitations

Our products are provided “as is” without any warranties, express or implied, except as specifically stated in our limited warranty. We disclaim all other warranties, including implied warranties of merchantability and fitness for a particular purpose.

8. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of ORCA Coolers or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our express written permission.

9. User-Generated Content

If you submit reviews, comments, or other content to our website, you grant ORCA Coolers a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content.

10. Limitation of Liability

To the fullest extent permitted by law, ORCA Coolers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, arising from:

• Your use or inability to use our website or products
• Any unauthorized access to your personal information
• Any errors or omissions in website content
• Any product defects or failures

Our total liability to you for any claims arising from your use of our website or products shall not exceed the amount you paid for the product.

11. Indemnification

You agree to indemnify and hold harmless ORCA Coolers, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our website or violation of these terms.

12. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of these external sites. Your use of third-party websites is at your own risk.

13. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website after changes are posted constitutes your acceptance of the modified terms.

14. Governing Law

These Terms and Conditions are governed by the laws of the State of Tennessee, United States, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved in the courts of Tennessee.

15. Dispute Resolution

Any disputes arising from these terms or your use of our website shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other policies posted on our website, constitute the entire agreement between you and ORCA Coolers regarding your use of our website.

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us using the information below.