Bose Terms of Service

Last Updated: August 8, 2019

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF SERVICE AND BOSE PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15 OF THE BOSE TERMS OF USE WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

This Terms of Service (“Agreement”) applies to the purchases you make through Bose websites that are provided in the United States and that link to this Agreement (“Sites”). This Agreement is a legal agreement between you and Bose Corporation and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Bose,” “we,” “us,” and “our”). This Agreement applies to the purchases of products and/or services (“Products”) on or through the Sites. Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Service may apply. If this is the case, such different version will be presented to you on the Sites at the point of purchase.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY ORDERING A PRODUCT AND/OR REPAIR SERVICES ON THE SITES, YOU ARE ALSO BOUND BY THE BOSE PRIVACY POLICY AND TERMS OF USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. PLEASE NOTE THAT THE TERMS OF USE CONTAINS A MANDATORY DISPUTE RESOLUTION CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCTS.

1. Scope

1.1 Any repair work undertaken by Bose and/or replacement Product orders shall be subject to this Agreement set forth herein to the extent no other agreements have been explicitly made. All determinations regarding the eligibility of a Product for repair services and/or replacement shall be made by Bose and shall be final. Bose shall at all times have discretion to determine if a Product qualifies for repair and/or replacement under this Agreement based on the information provided to it by the customer. In the event the customer requests repair and/or replacement outside of the applicable Product’s warranty they shall be subject to the fees set forth in Section 3 of this Agreement.

2. Repair services

2.1 We will undertake the professional handling of repair work assigned in relation to Products that we have manufactured. The repair work covers the performance of services that are identified as necessary (a) on the basis of the details you provide us, (b) on the basis of our examination of the Product to be repaired, and (c) during the course of the repair work.

2.2 We are entitled to engage third parties to carry out repair work.

3. Fees

3.1 The fees charged for the repair work are calculated on the services performed. Our fees applicable at the time of the repair will be charged.

3.2 In the event a customer’s Product is outside of the applicable warranty period for the Product and has selected to replace such Product, they shall be eligible to purchase a replacement product subject to availability at an amount set forth at checkout.

3.3 Shipping costs (packaging, transport, and insurance) of sending the Product for repair shall be borne by you. Bose shall be responsible for return shipping in the event the Product is still under warranty. Bose may, at its sole discretion determine it shall pay for customer return Product shipping to Bose. In the event the Product is no longer covered under the Bose warranty, Bose standard shipping rates shall apply.

3.4 Value-added tax at the statutory rate will be charged on our prices.

4. Terms of payment

For your convenience, we offer a wide array of payment methods to complete your order on Bose.com.

a. Credit/debit cards: We accept the following credit and debits cards.

• Visa
• American Express
• Discover
• Mastercard

The payment amount is authorized and held by your financial institution at the time you place your order. Unless otherwise agreed to by Bose, payment must be received by Bose prior to acceptance of an order. Notwithstanding the foregoing, Bose may in its discretion choose not to charge your credit card until your order has been shipped.

Please note: Authorized and held amounts will not be available for other orders. If an order is cancelled, the authorization hold will expire in accordance with the terms of your bank or financial institution.

5. Repair times

5.1 We will start carrying out the repair you have assigned to us within a reasonable period. Unless a binding deadline has explicitly been agreed, completion deadlines of which you are notified are non-binding.

5.2 If the performance of our obligations is delayed or impeded by circumstances which cannot be prevented with reasonable care, in particular by force majeure, strikes, lockouts, stoppages, scarcity of materials and energy, incorrect or late delivery despite a careful choice of supplier, the period of the repair will be extended by the duration of the hindrance. If a party provides substantial evidence that it cannot reasonably accept such an extension, it is entitled to withdraw from the contract, without the right to any claims for damages, in so far as the contract has not yet been fulfilled. Any further claims you may assert are excluded.

6. Shipping and delivery

Shipping charges are based on the shipping method you choose (either standard or express) and the size of your Product. When you place an order, the shipping charge is estimated in your basket, and will be presented to you during the checkout process. This date is based on the stock status of the replacement Product and/or repair service selected and your choice of standard or express shipping. Replacement Product title passes to you when the Product is shipped. You have thirty (30) days to notify Bose of any missing, wrong, or damaged portion of your order in accordance with the provisions set forth in this Section or Bose cannot be held responsible for these issues.

We strive to keep all products in stock, but high demand occasionally results in delayed shipment.

Please note that the number of days quoted for standard and express shipping refers to transit time only. Additional time (typically one business day) is required for processing in-stock orders.

a. Standard shipping

Standard shipping for replacement Products or repaired Products on or through the Sites is by United States postal service (typically products weighing 2 lbs or less) or UPS ground. The specific carrier can be found on your email shipping confirmation or by visiting Track your order for orders shipped within the continental United States. Orders shipped to Alaska and Hawaii are sent by express shipping. Most standard shipments are delivered in five to six days from the shipping date (applies to in-stock items; subject to carrier delay; excludes order processing time).

b. Express shipping

Express shipping is available for orders shipping to addresses in the United States, US Virgin Islands, and Puerto Rico. Express shipments are delivered one business day after the date the order ships (applies to in-stock items; subject to carrier delay; excludes order processing time).

c. A word about our shipping boxes

Please note that Bose® products may come in distinctive packaging that showcases product image, name, and features.

d. Reporting lost or damaged packages

Please call us at 1-800-999-2673 or send us an email, as per the instructions below. We will work with you to resolve the problem.

If the product is not delivered:

• Please call us at 1-800-999-2673.
• Or contact us online:

1. Select the “Order Information” radio button
2. Complete the form and enter the information about the missing order in the "Your message" text box
   
3. Click the "Submit" button
   
4. We will contact you regarding the problem
   

If the product is damaged:

1. Be sure to save your box and all packing materials in case an inspection or pickup is needed. Please call us at 1-800-999-2673.
2. Re-pack the product in its original box
   
3. Write the RMA number clearly on the outside of the box
   
4. Be sure to use a package-shipping service such as United Parcel Service, Federal Express, or the United States Postal Service that is able to track shipments. Ship the package to: Bose Replacements and Returns, 3550 East 40th Street, Yuma, AZ 85365
   
5. When we receive your return, we will contact you about resolving the problem
   

Note: please be sure to write the RMA number clearly on the outside of the box. Failure to do so may result in your package being refused or cause delays in processing your refund.

e. Delivery confirmation signature

Bose Corporation works with all major carriers, including United Parcel Service and the United States Postal Service, to be sure products are delivered safely.

In some cases, a signature is required before a package can be left at your location. The delivery driver decides if a signature is needed, based on location, weather conditions, and other factors. If you receive a notice stating delivery was attempted while you were out, please follow its instructions regarding an alternate delivery date or package pick-up.

f. APO/FPO and military exchanges

Bose Corporation does not ship directly to APO/FPO addresses. Since we cannot track packages after their arrival at APO/FPO drop-off points, we are reluctant to make shipments that may be misdirected or lost.

You can, however, order Bose products directly from the following military exchange websites:

• Army and Air Force Exchange Service (AAFES)
• Navy Exchange
  
• Marine Corps Community Services
  
• Coast Guard Exchange System
  

7. Order tracking

You may track your order using your order number by visiting our Track your order page.

Order information may not appear in the tracking system until shipment. Please wait 24 hours after receiving your shipping confirmation email to track your shipment.

8. Acceptance

8.1 After the repair has been completed and the repaired Product has been received, you are obliged to accept duly performed repair work immediately. You may not refuse acceptance on the grounds of insignificant defects which will not affect the operation of the Product.

9. Warranty

Your repair is covered by 1-year warranty or remainder of purchase warranty, whichever is longer. Learn about warranty details for your location.

10. Liability for damages

IN NO EVENT SHALL BOSE OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SITES, WHETHER OR NOT BOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

BOSE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITES, AND BOSE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BOSE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in this Section specifically do apply to you.

11. Receiving service support

IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE, AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). BOSE AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY BOSE OR YOUR THIRD-PARTY SERVICE PROVIDER. PARTS USED IN REPAIRING OR SERVICING PRODUCT(S) MAY BE NEW, EQUIVALENT-TO-NEW, OR RECONDITIONED.

12. Telephone communications

Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

13. Recycling

Rechargeable battery recycling

To help keep spent rechargeable batteries out of our nation’s solid waste stream, Bose Corporation participates in the Rechargeable Battery Recycling Corporation (RBRC) Call2Recycle™ program.

Bose products with rechargeable batteries include

BT1; BT2; QC3; QC20; QC20i; QC20v2 – Apple; QC20v2 – Samsung; QC30; SoundLink AE; SoundLink AE II; SoundLink OE; SoundSport Pulse; SoundSport wireless; SoundTouch 10; SoundDock Portable; SoundLink; SoundLink Color; SoundLink Color II; SoundLink Mini; SoundLink Mini II; SoundLink Mobile; SoundLink Mobile II; SoundLink Bluetooth III; SoundLink Revolve; SoundLink Revolve+; SoundTouch Portable; SoundTouch Portable II; and SoundLink Air. When these batteries reach the end of their useful life, you can recycle them three easy ways, at no cost to you:

• Visit RBRC to find a drop off site
• Return to a Bose store in California. Use our Store Locator to find a California store address near you
  
• Call Bose at 1-877-210-3782
  

Thank you for choosing Bose. We appreciate your help in protecting the environment and preserving natural resources.

14. Regulatory compliance

If you’re looking for regulatory and compliance information, we can help. See our Declaration of Conformity documents for current Bose products.