TERMS AND CONDITIONS OF USE

Last Updated: May 22, 2026

 


 

IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 24 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT, SUBJECT TO THE EXCEPTIONS SET FORTH IN SECTION 24, YOU AND BLUETTI POWER INC. ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN A COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN A COURT. YOU MAY OPT OUT OF BINDING ARBITRATION AS DESCRIBED IN SECTION 24.1(d).

 


 

If you reside in the United States, these Terms of Service apply to you. If you reside outside of the United States, you must agree to the terms of the applicable jurisdiction in which you reside, which are available on the corresponding website.

 

SECTION – OVERVIEW

 

This website (https://www.bluettipower.com/, the "Website") is operated by Bluetti Power Inc., a NV corporation, for and on behalf of itself and the other members of its corporate group ("BLUETTI," "we," "us," or "our").  BLUETTI offers this Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

PLEASE NOTE THAT THESE TERMS INCLUDE LIMITATIONS OF LIABILITY AND A MANDATORY ARBITRATION PROVISION.

 

SECTION 1 – ONLINE STORE TERMS

 

If you are under 18 years of age, you may only use and/or access the Website with the authorization of a parent or legal guardian who agrees to be bound by these Terms. By using and/or accessing the Website, you represent and warrant that you are at least 18 years old (or that your use of and/or access to the Website has been approved by your parent or legal guardian). Use of the Website by individuals under 13 years of age is strictly prohibited. You hereby represent and warrant that you have the full power and authority to enter into and perform these Terms. If you are using the Website on behalf of any other individual, you represent and warrant that you are authorized to accept these Terms on that individual's behalf.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card or payment information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 2A – ACCOUNT CREATION

 

You may use and/or access the Website without creating an account but, to fully use and/or access the Website, you will be required to create an account. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so. If there has been an unauthorized use of your password or account, please notify us immediately. When you register an account with us, you may be required to provide some of your personal information. By registering and providing us with your personal information, you expressly accept our Privacy Policy, which is entirely incorporated into these Terms.

 

SECTION 2B – ACCOUNT DELETION BY YOU

 

If you do not agree to these Terms or no longer want to use our Website or the Service, you can delete your account at any time by emailing service@bluettipower.com (Attn: Legal Department) and requesting that your account be deleted, or by logging in to Account Center – Accounts – Manage Account – Delete Account – Request Deletion. If you choose to delete your account, you will not be able to log in, use, or reactivate your account.

If you delete your account, all content, information, data, and records under your account will be deleted or anonymized, and you will not be able to retrieve, access, obtain, continue to use, or recover any of the content or information you have added via your account, unless otherwise stipulated by applicable laws and regulations or required by competent regulatory authorities. Such content or information includes, but is not limited to, personal information under the account (e.g., nickname, avatar, mobile phone number, and email address linked to the account), BLUETTI device information and order records, all content published using the account (e.g., audio, pictures, photos, comments, interactions, likes), warranty and support records, and any other content, information, data, and records.

If you delete your account, you agree to forfeit and surrender any and all rights and interests that have been created or that otherwise exist relating to the use of BLUETTI's products and services and expected interests under the account, including points, coupons, vouchers, and other benefits that you have not used.

If you delete your account, you agree that (a) you will no longer be able to participate in BLUETTI promotions or campaigns on the Website; (b) you cannot register again using the same registration information; and (c) these Terms shall terminate as an agreement between you and us, with the exception of provisions that by their nature are intended to survive termination, including without limitation Section 24 (Disputes, Arbitration, and Applicable Law).

To protect your account security and related rights, please ensure the account you choose to delete satisfies all of the following requirements:

1) The account is legally registered and used by you through our official channels;

2) There is no pending order or service under the account;

3) Relevant rights and interests under the account have been properly resolved; any unresolved rights and interests will be deemed voluntarily waived;

4) There are no disputes relating to the account, including any complaints, arbitrations, litigation, or investigations by regulatory authorities;

5) Other requirements for the purpose of protecting your account security and property rights and interests; and

6) We may need to verify your identity for account deletion (for example, verifying the email address or mobile phone number linked to this account) to ensure that the account is registered by you.

 

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

To the extent permitted by applicable law, we are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. This does not impact any order you placed for the Service prior to modification or discontinuation. In any event, we shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 4A – PROMOTIONAL PRICING AND REFERENCE PRICE DISCLOSURE

 

BLUETTI regularly offers promotional pricing, limited-time discounts, and special offers on its products. To help you understand how our prices are presented, we provide the following disclosures.

Reference Prices and Compare-At Prices. Where the Website displays a "was" price, "original price," "compare-at price," "regular price," or similar reference price alongside a promotional or sale price, that reference price represents either: (a) the price at which the product was openly offered for sale on this Website for a reasonably substantial period of time prior to the promotional offer; or (b) the manufacturer's suggested retail price ("MSRP") for the product, in which case the reference price will be labeled "MSRP." Reference prices that reflect prior Website selling prices are based on actual transaction prices during the applicable reference period and are maintained in our internal pricing records.

Nature and Duration of Promotional Offers. Promotional prices are offered for a limited time only. Each promotional offer has a designated start date and end date, which will be displayed on the product page where practicable. Upon expiration of a promotional period, the product price will revert to the then-current non-promotional price. We do not represent that any promotional price will be available indefinitely or will be available again in the future after it expires.

Price Variations. Product prices may vary over time due to factors including, without limitation, changes in manufacturing costs, supply chain conditions, market pricing, currency exchange rates, and inventory levels. We encourage you to independently research and compare prices before making a purchase decision.

No Misleading Intent. It is our policy that all reference prices displayed on the Website reflect genuine prior selling prices or MSRP as described above. If you believe that any pricing information on the Website is inaccurate or misleading, please contact us at service@bluettipower.com so that we may investigate and correct any error.

Compliance with Applicable Law. BLUETTI's pricing practices are intended to comply with all applicable federal and state laws and regulations governing price representations and promotional pricing, including the FTC Guides Against Deceptive Pricing (16 C.F.R. Part 233) and California Business and Professions Code Section 17501. Nothing in this Section limits any rights you may have under applicable law with respect to pricing representations.

 

SECTION 5 – PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities. Without limiting your rights under applicable law in the United States, products are able to be returned in exchange for a refund, repaired, or exchanged for another product, but may not be able to be replaced if no replacement stock is available. Further information is set out in our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

Without limiting or excluding any warranties that cannot be excluded under applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we will notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

We respect your ideas, suggestions, and sharing, but please do not submit—at our request or without a request from us—any ideas, information, suggestions, proposals, plans, or other materials (collectively, "Comments") that are confidential or that are owned by any third party. If you do submit any Comments, you understand, acknowledge, and agree that: (a) your Comments will automatically become our property, without any compensation to you; (b) we have no obligation to respond to, review, or use your Comments; (c) we may, at any time, without restriction, edit, copy, implement, distribute, translate, and otherwise use in any medium any portion of your Comments; and (d) we have no obligation to keep your Comments confidential.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the Website is governed by our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. To the extent required by the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), or any other applicable state privacy law, the Privacy Policy describes your rights with respect to your personal information.

 

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.

 

SECTION 12 – PROHIBITED USES

 

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, THE SERVICE, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. WE MAKE NO GUARANTEE THAT: (A) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, OR ERROR-FREE; AND (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THE FOREGOING DISCLAIMERS APPLY TO ALL CLAIMS OF DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIM OR CAUSE OF ACTION.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

A. SUBJECT TO (B) OF THIS SECTION 13, IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR YOUR REPRESENTATIVES, HEIRS, OR ESTATE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR ECONOMIC LOSS ARISING FROM OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF, FOR ANY REASON, WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATER OF: (i) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO BLUETTI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).  THE LIMITATION OF LIABILITY SET OUT HEREIN DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS.

B. IF THERE IS A GUARANTEE OR OTHER PROTECTION IN RELATION TO A PRODUCT, GOOD, OR SERVICE WE SUPPLY, AND LIABILITY CANNOT BE EXCLUDED BUT CAN BE LIMITED, OUR LIABILITY IS LIMITED TO THE RESUPPLY OF THE RELEVANT GOOD OR SERVICE OR TO PAYMENT OF THE COST OF RESUPPLY OF THE RELEVANT GOOD OR SERVICE.

 

SECTION 14 – INDEMNIFICATION

 

To the maximum extent permitted by applicable law, you hereby agree to release, defend, indemnify, and hold us (including personnel, directors, officers, and employees thereof) harmless from and against any and all claims, actions, causes of action, complaints, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of any of Sections 3, 9, and 12 of these Terms; (b) any use by us of personal information that you disclosed without having the right to disclose it; (c) any injuries, losses, or damages of any kind arising in connection with or as a result of any bodily injury, personal injury, illness, death, economic loss, or property damage; or (d) your breach of any laws, regulations, or third-party rights, including intellectual property or privacy rights. This indemnification and release is reduced only to the extent directly caused by our breach of these Terms or applicable law.

 

SECTION 15 – SEVERABILITY

 

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions. If any provision is amended to achieve the closest possible effect of the original term, all other provisions of these Terms shall continue in full force and effect.

 

SECTION 16 – TERMINATION

 

These Terms will remain in full force and effect until terminated in accordance with the terms set forth herein. You may terminate these Terms at any time and for any reason by deleting your account in accordance with Section 2B above and discontinuing any and all use of and/or access to the Website and the Service. All provisions that, by their nature or purpose, are intended to survive termination shall survive any such termination, including without limitation Section 24 (Disputes, Arbitration, and Applicable Law). The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms for all purposes.

We reserve the right to terminate, modify, discontinue, or suspend the Website and/or the Service in our sole discretion at any time for any or no reason, including for violation of these Terms. We will notify you of any such termination or suspension via the email address associated with your account. Notwithstanding anything else in these Terms, where you have not breached these Terms, we will provide you with thirty (30) days' notice via the email address associated with your account before we terminate, modify, discontinue, or suspend the Website and/or the Service.

 

SECTION 17 – ENTIRE AGREEMENT

 

The failure of BLUETTI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect of the Service (including our Privacy Policy, Returns Policy, and Warranty Policy) constitute the entire agreement and understanding between you and BLUETTI and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and BLUETTI (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

 

The activities described in these Terms involve interstate commerce and the Federal Arbitration Act ("FAA"). The Arbitration Agreement set forth in Section 24 below is governed by the FAA, including its procedural provisions, in all respects. If the FAA is found not to apply to any portion of Section 24, then the laws of the State of California shall apply without regard to choice-of-law principles.

If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, the state and federal courts located in [Insert County], California will have exclusive jurisdiction over any such dispute, and you hereby agree to submit to the personal and exclusive jurisdiction and venue of such courts and will not seek the transfer of any case or proceeding out of such courts.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. Your continued use of or access to our Website or the Service following the effective date of any changes constitutes your acceptance of those changes. If you do not agree to the changes, you must cease using the Website before the effective date of the changes.

Any disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose. For clarity, no change to these Terms impacts a final purchase you have already made, which purchase will be governed by the Terms in effect on the date on which you finalized your purchase. No change to Section 24 shall apply to any dispute for which either party has already provided written notice pursuant to Section 24.1(c).

 

SECTION 20 – CONDITIONS OF USING TRADE-IN GIFT CARD CODE

 

Validity: BLUETTI Trade-in Gift Card Code will not expire; you may choose to enter the code when you purchase a new product. To avoid forgetting to use it, we recommend using the code as soon as possible.

Restrictions:

If you request a refund for a product purchased with a Trade-in Gift Card Code, the order will be refunded the principal amount paid, but the code amount will not. Additionally, due to the one-time use principle, the code will no longer be applicable after a refund.

Codes cannot be combined with other promotions or discounts.

Trade-in Gift Card Code is for personal use only and may not be shared with others.

Clarification: Trade-in Gift Card Code is different from a Trade-in Coupon. A coupon can be combined with other promotions or discounts; anyone who knows the coupon may use it. However, a coupon will not be applicable again once the related order is refunded.

 

SECTION 21 – CONDITIONS OF PACKAGING IN TRADE-IN PROGRAM

 

Importance of Original Packaging: The original packaging box is crucial for safely transporting battery products, which are heavy and classified as dangerous goods. Please use the original packaging box to ensure product safety during transportation.

Condition of Original Packaging: Please check the original packaging box's condition when exchanging old batteries. Damaged boxes could jeopardize product safety during transportation. Please select "No" in the applicable question during the Online Assessment process, and we will send you a replacement package.

Proper Packing: When exchanging, please securely pack the battery in the original packaging box. Place the product in the center, surrounded by cushioning material to prevent movement, tape the box, and label it with the provided shipping labels.

 

SECTION 22 – SAFETY CONSIDERATIONS AND GUIDELINES IN TRADE-IN PROGRAM

 

Properly package the battery: When returning or exchanging a battery, ensure that it is placed in a secure and sturdy container that will not break or leak during transportation. If the battery is damaged, leaking, or has any exposed wiring, it should not be shipped.

Avoid shipping in extreme temperatures: Batteries should not be shipped in extreme temperatures, as this can cause them to become unstable. It is recommended to ship batteries at room temperature.

Follow manufacturer instructions: Please follow any instructions provided by the manufacturer regarding the safe handling, storage, and disposal of the battery.

Be aware of applicable regulations: There may be regulations regarding the transportation of batteries depending on their type and size. Please comply with all applicable regulations to ensure that the battery is transported safely and legally.

By following these safety precautions, you can help ensure that the return or exchange of battery-related products is done safely and without potential hazards.

 

SECTION 23 – PRODUCT ASSESSMENT GUIDELINES FOR TRADE-IN PROGRAM

 

Functionality: The product must turn on and function normally without any defects or malfunctions.

Buttons: All buttons on the product must work properly without any issues.

Battery: The battery must be chargeable, storable, and dischargeable without problems.

Input/Output Contacts: All input/output contacts on the product should work normally.

Physical Condition: Product shell should be free of dents, cracks, and scratches.

Maintenance History: The product should not have any signs of unauthorized maintenance or damage caused by improper handling.

Display: The screen and rear glass of the product should be intact and without any cracks or damage.

Please truthfully fill in all old product information and complete all parameter selections. Inaccurate selections may affect the product evaluation and Trade-in value. These guidelines are for assessing product condition and may not apply to all situations. We reserve the right to adjust our assessment based on individual circumstances.

 

SECTION 24 – DISPUTES, ARBITRATION, AND APPLICABLE LAW

 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AND WE KNOWINGLY AND EXPRESSLY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

24.1 Mandatory Arbitration

(a) YOU AND WE AGREE THAT ANY AND ALL CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE WEBSITE, THE SERVICE OR THE PRODUCTS, OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, REGARDLESS OF WHEN THE CLAIM AROSE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT, BY A JUDGE, OR BY A JURY.  EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND WE AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN A COURT OR TO HAVE A TRIAL BY A JUDGE OR A JURY.  This Section shall be referred to as the "Arbitration Agreement."

(b) The arbitrator—and not any federal, state, or local court or agency—shall have exclusive authority, to the extent permitted by law, to fully and finally resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable.  The Arbitration Agreement is intended to be broadly interpreted and will survive termination of these Terms.

(c) Before either you or we file a claim against the other, you and we both agree to attempt to resolve the dispute informally.  You agree to do so by sending us written notice to service@bluettipower.com (Attn: Legal Department) setting forth the nature of the dispute and the relief sought.  We will do so by sending you notice to the email address associated with your account.  If you and we are unable to resolve a dispute within sixty (60) days of notice being provided, either party may initiate arbitration.  Compliance with this pre-dispute resolution process is a condition precedent to initiating arbitration.

(d) Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THESE TERMS BY PROVIDING US NOTICE OF YOUR OPT-OUT VIA EMAIL AT service@bluettipower.com (Attn: Legal Department). To be effective, the opt-out notice must include your full name, mailing address, and email address, and must explicitly state your intent to opt out of binding arbitration. Opting out will not affect any other provision of these Terms.

(e) Exceptions.  The Arbitration Agreement and class action waiver shall be subject to these limited exceptions:

(i) If a claim is within the jurisdiction of small claims court, either party may, instead of arbitration, choose to file the claim in a small claims court in your county of residence or in closest proximity to your residence.

(ii) If the Arbitration Agreement is for any reason held to be unenforceable, any litigation against us (except for small claims court actions) may be commenced only in a federal or state court located within Orange County, California, and you and we each consent to the exclusive jurisdiction of those courts for such purposes.

(iii) We may pursue injunctive or other equitable relief in a court of competent jurisdiction to halt intellectual property infringement or misappropriation.

(iv) PAGA Claims. Nothing in this Arbitration Agreement prevents you from bringing an individual claim under the California Private Attorneys General Act ("PAGA"), Cal. Lab. Code § 2698 et seq. Individual PAGA claims shall be arbitrated on an individual basis consistent with Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022). Any non-individual (representative) PAGA claims shall be severed from any arbitration proceeding and may proceed in court to the extent required by applicable California law.

(v) CLRA. Nothing in this Arbitration Agreement or the Class Action and Mass Action Waiver is intended to, or shall be interpreted to, waive any rights you may have under the California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq., the "CLRA") that cannot be waived by private agreement. Any CLRA claim for public injunctive relief may be brought in a court of competent jurisdiction on an individual basis; any CLRA claim for damages shall be resolved through individual arbitration pursuant to this Section 24.

24.2 Class Action and Mass Action Waiver; Jury Trial Waiver; Limitation on Time to Bring Claims

CLASS ACTION AND MASS ACTION WAIVER. YOU AND WE AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and we each agree to waive the right to have a dispute brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, coordinated action, or mass action to the maximum extent permitted by law. "Mass action" means a dispute in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than ten (10) proceedings with common questions of law or fact against us within 180 days of initiating your arbitration. This paragraph shall be referred to as the "Class Action and Mass Action Waiver." Notwithstanding the foregoing, nothing in this Arbitration Agreement or Class Action and Mass Action Waiver shall be interpreted to prevent you from seeking public injunctive relief in a court of competent jurisdiction on an individual basis, consistent with McGill v. Citibank, N.A., 2 Cal.5th 945 (2017). Any individual claims for damages or other individual monetary relief shall be resolved through individual arbitration before, or independently of, any court proceeding seeking public injunctive relief.

JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE BETWEEN YOU AND BLUETTI IS NOT SUBJECT TO ARBITRATION UNDER THIS SECTION 24 AND IS NOT BROUGHT IN SMALL CLAIMS COURT, YOU AND BLUETTI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY. THIS JURY TRIAL WAIVER APPLIES TO ALL DISPUTES LITIGATED IN ANY COURT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PUBLIC INJUNCTIVE RELIEF. IF A COURT DETERMINES THAT THIS JURY TRIAL WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED BEFORE A JUDGE WITHOUT A JURY.

LIMITATION ON TIME TO BRING CLAIMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO (A) THESE TERMS OF SERVICE, (B) THE WEBSITE, OR (C) THE SERVICE, THAT IS NOT GOVERNED BY A STATUTORY LIMITATIONS PERIOD UNDER APPLICABLE LAW, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. For the avoidance of doubt, this one-year limitation does not apply to any claim governed by a mandatory statutory limitations period that cannot be shortened by private agreement, including without limitation claims under the California Consumers Legal Remedies Act, the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), or the California False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.), all of which shall be governed by their respective statutory limitations periods.

24.3 Initiating a Demand for Arbitration

Any arbitration required by the Arbitration Agreement shall be initiated by you or us by sending the other a written demand for arbitration via first-class mail, FedEx, or UPS within the applicable statute of limitations period. Your demand shall be delivered to: service@bluettipower.com (Attn: Legal Department). Our demand shall be delivered to the email address associated with your account. The demand must include (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims asserted and the factual basis for the claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (4) the original personal signature of the party seeking arbitration; and (5) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, "original personal signature" does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the demand certifies the following: (a) the demand is not being presented for any improper purpose; (b) the claims and other legal contentions are warranted by applicable law or by a non-frivolous argument; and (c) the factual contentions have evidentiary support or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the demand are true and correct.

24.4 Filing a Demand for Arbitration

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the demand to the American Arbitration Association ("AAA") sixty (60) or more days after the demand is initiated pursuant to Section 24.3. The arbitration will be administered by the AAA pursuant to the then-current AAA Consumer Arbitration Rules, except to the extent modified by these Terms. The AAA's rules and instructions are available at www.adr.org/consumer.

24.5 Conduct of Arbitration

In any arbitration of a dispute:

1. You or we may file such dispositive motions as are permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator.  Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines until deciding such motion.

2. The parties shall have the right to conduct discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, and whether the burden or expense of the proposed discovery outweighs its likely benefit.  Proportionality shall be decided by the arbitrator when requested by either party.

3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate.  Any in-person hearing will be held at a location that is reasonably convenient.

4. A party must make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

5. If the arbitrator finds that a party's claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party all of its attorneys' fees, costs, and expenses and all amounts charged by AAA for the arbitration.

6. The arbitrator will follow these Terms and applicable law.  The arbitrator shall not have the authority to commit errors of law or legal reasoning.  The arbitrator shall provide a reasoned written award and may award relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party's claim.  The arbitrator may not award relief for or against anyone that is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

7. You or we may appeal an arbitration award that disregards the law by filing a notice of appeal with the AAA within thirty (30) days after an award is rendered and delivered to the parties.  The appeal shall be heard by a multi-arbitrator appellate panel.  The arbitrators assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel.  If the parties are unable to agree, the AAA shall appoint the arbitrators from among those on the AAA Appellate Panel.  An arbitrator who previously presided over any aspect of a dispute shall be ineligible to serve as an appellate arbitrator with regard to that same dispute.  The appeal, including briefing, shall be conducted pursuant to the parties' agreement or the appellate arbitrators' orders, if the parties are unable to agree.

8. The arbitrator will have exclusive authority to resolve any dispute, except that the state or federal courts of [Insert County], California shall have the authority to determine any dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief as set forth in Section 24.2.

 

SECTION 25 – NOTICES

 

We may give notice by means of a general notice on or through the Website, electronic mail to the email address associated with your account, telephone or text message to any telephone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been provided forty-eight (48) hours after mailing or posting (if sent by first-class mail or pre-paid post), or at the time of sending (if sent by email, telephone, or on or through the Website). You may provide notice to us, with such notice deemed effective when actually received by us, at any time by first-class mail or pre-paid post to our registered agent for service of process, or by email at service@bluettipower.com (Attn: Legal Department).

 

SECTION 26 – MISCELLANEOUS

 

These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent (in our sole discretion), but may be freely assigned by us on ten (10) days' written notice to you, without your consent or any other restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 27 – RESOLUTION IN CASE OF TRADE-IN DISPUTE

 

Any dispute arising between you and BLUETTI in connection with the Trade-In Program, including disputes over Trade-In valuation, is subject to the Arbitration Agreement and Class Action and Mass Action Waiver in Section 24. Notwithstanding the foregoing, if you disagree with the Trade-In value assessed by BLUETTI, you retain the right to reject the assessment and request that your product be returned to you at your cost.

 

SECTION 28 – CONTACT INFORMATION

 

Questions about these Terms of Service should be directed to:

BLUETTI Power Inc.

Attn: Legal Department

Legal / Compliance: service@bluettipower.com (Attn: Legal Department)

Customer Service: service@bluettipower.com

Website: https://www.bluettipower.com