Terms and Conditions
Terms And Conditions of CoolGear.Com Site Use
Entering this Site will Constitute your Acceptance of these Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND ANY CHANGES TO THESE TERMS AND CONDITIONS AFTER THEY ARE POSTED. DO NOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME, AS WE SEE FIT.
CoolGear.com does not currently rent, sell or otherwise forward your name to other companies. To learn more about how we protect customer information, please see our Security and Privacy Statement.
Pricing, Specifications and Availability
All prices are in United States Dollars. Prices, specifications and availability of products are subject to change without notice. Due to the changing nature of the computer market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape and color.
CoolGear.com orders generate an automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description or specifications after any confirmation e-mail, but prior to shipment, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. We estimate your order will ship within two business days. Published prices do not include shipping, sales tax and insurance. We are required by law to collect sales tax on all shipments to Florida.(at the state/local tax rate). Unless Tax exempt, Exempt Status must be provided via Fax to 727-209-1302 or via Email Taxexempt@CoolGear.com
Payment and Shipping Information
Paying by Credit Card. You may pay by Visa, MasterCard and American Express. We do not add any credit card surcharges. Please see our Security and Privacy Statement for more information about your credit card safety.
Shipping. CoolGear can only ship to addresses within the 50 United States, the District of Columbia and Canada by United Parcel Service (“UPS”) or United States Postal Service. We can not be responsible for lost or damaged packages. UPS charges include prepaid insurance up to the limits specified by UPS. If your package is sent by UPS and is lost or damaged, you may contact UPS. All shipments addressed to P.O. boxes will be shipped via USPS, therefore CoolGear cannot guarantee delivery times when shipping to a P.O. Box. Shipment tracking is not available for orders being shipped to P.O. Boxes. CoolGear reserves the right, at its sole discretion, to cancel any orders submitted for shipment to a freight forwarder or similar entity.
Product Warranty and Limitations
Warranty. WE WARRANT THAT OUR PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING WARRANTY IS HEREBY DISCLAIMED.
Limitation Of Liability. IN NO EVENT SHALL COOLGEAR INTERNATIONAL, INC., ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, “COOLGEAR”) BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT COOLGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT COOLGEAR’S MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY COOLGEAR SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Return Policy. All returned items must be in new condition, including the original box, packaging, manuals and accessories. No refunds or exchanges are allowed after 30 days from the date of receipt, or if the UPC code has been removed from the packaging.
Returns Procedure. To return an item, contact Customer Support at www.Returnsite.com/RMA.php or via Email at customerservice@CoolGear.com to obtain a Return Authorization (RMA) number. RMA numbers are valid for 30 days from the date of issuance. We are unable to accept returns without an RMA number. All returns must be shipped prepaid.
Trademarks and Copyrights
This site and all materials, images, audio and video clips, information and any other content of whatever nature displayed or transmitted on or over this site (“content”), is the property of CoolGear and/or its licensors and is protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Any use or modification of the content or any part of the content for any purpose, other than as expressly permitted by there terms and conditions, constitutes an infringement of our copyrights, trademarks and other proprietary rights. You may not reproduce, create derivative works from, republish, upload, post, transmit, use on any other web site or transmit or distribute in any way whatsoever any content from www.CoolGear.com without our prior written permission. You may, however, download or make one copy of the content for personal, non-commercial home use only, but all copyright and other notices must be left intact. Nothing contained on this site shall be deemed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any content, except as expressly permitted above or with our prior written permission or the permission of any third party that may own the trademark or copyright of content on this site.
Links to Third Party Sites. We provide links to third party sites for your convenience. The inclusion of any link does not imply our endorsement of the site. When you link to a third party site, you leave the CoolGear.com site. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site.
Disclaimer of Warranty for Use of the CoolGear. Com Site. CoolGear.com provides this site and its contents on an “AS IS” basis. We make no warranty or representation as to this site, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability for Use of the CoolGear.Com Site. COOLGEAR IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COOLGEAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $1.00.
Governing Law. This site is operated from within the United States. We do not ship outside the United States and we make no representation that content on this site is legal or appropriate for use from outside the United States. This agreement is governed by and construed in accordance with the laws of the State of Florida, as it is applied to agreements entered into and performed therein. Any action brought to enforce this agreement or matters related to this site will be brought in either the state or federal courts of the State of Florida; provided, however, that we have the right to institute judicial proceedings against anyone in any other jurisdiction to enforce our rights under this agreement through specific performance, injunction, reformation of contract or similar equitable relief. If any provision of this agreement is unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in full force and effect. This agreement constitutes the entire agreement between you and CoolGear concerning your use of this site.
Internet Fraud. In the interest of preventing Internet fraud, CoolGear reserves the right refuse to ship any order that is submitted with an untraceable or free email address, or an invalid telephone number.
Comments and Questions. We appreciate your comments about our site. However, any comments, ideas, suggestions or other communications sent to the site become the sole property of CoolGear, and we may use all such communications in any manner, including reproducing, disclosing and publishing them, without compensation to you. If you have any questions or complaints, please contact us at customerservice@CoolGear.com.