Terms of service
These Terms and Conditions govern your access to and use of koolerthings.com, operated by KoolerThings Inc., and any purchase made through the website. Throughout these Terms, KoolerThings Inc. may be referred to as KoolerThings, we, us, or our.
By visiting the website, creating an account, submitting information, or placing an order, you agree to these Terms and the policies linked on the website. If you do not agree, do not use the website.
1. Eligibility and Account Use
You must be at least the age of majority where you live to make a purchase. If you allow a minor to use the website, you are responsible for that use.
You are responsible for keeping account credentials confidential and for activity completed through your account. Information provided to us must be current, complete, and accurate.
2. Products and Product Information
We make reasonable efforts to present product descriptions, images, colors, dimensions, features, and availability accurately. Screen settings, product updates, and manufacturing variations may affect how a product appears.
Product information may change without notice. Always review the product page, packaging, manual, warnings, age guidance, weight limits, and included materials for the exact item you purchase.
3. Prices and Availability
Prices are shown in the currency displayed on the website and may change without notice. Promotions may have separate conditions and may end at any time.
Products are subject to availability. We may limit quantities, discontinue products, correct pricing or content errors, or cancel an order when an item is unavailable or information is inaccurate.
4. Orders
Submitting an order is an offer to purchase. An order is accepted when we confirm it for processing. We may refuse, limit, or cancel an order when permitted by law, including orders that appear fraudulent, contain incorrect information, exceed available inventory, or appear intended for unauthorized resale.
If we cancel an order after payment has been authorized or collected, we will release the authorization or issue a refund as appropriate.
5. Payment
You agree to provide valid and accurate billing information and authorize the selected payment provider to charge the amount shown at checkout, including applicable taxes, shipping charges, and fees.
Payment services are provided by third parties. Their terms and privacy practices may also apply.
6. Shipping and Delivery
Shipping availability, charges, estimated delivery times, and carrier options are described in our Shipping Policy and at checkout. Delivery estimates are not guarantees and may be affected by carriers, weather, address issues, high order volume, customs, or events outside our control.
You are responsible for providing a complete and accurate delivery address. Risk of loss transfers as provided by applicable law.
7. Returns and Refunds
Returns and refunds are governed by our Return Policy. Review that policy before opening, assembling, using, or returning a product.
8. Product Use and Safety
Products must be assembled, installed, maintained, and used only as directed in the manual and warning labels for the exact model. Stop using a product if it is damaged, missing parts, assembled incorrectly, or involved in an incident that may affect safe use.
Product content on the website is for general information and does not replace the manual, warning labels, professional advice, or applicable safety guidance.
9. Website Content and Intellectual Property
The website and its content, including text, graphics, logos, images, videos, product names, page layouts, and software, are owned by KoolerThings or used with permission and are protected by applicable intellectual property laws.
You may use the website for personal, noncommercial shopping and information. You may not copy, reproduce, distribute, modify, publish, sell, exploit, or create derivative works from website content without written permission.
10. Reviews, Feedback, and Submissions
If you submit a review, photo, comment, idea, or other content, you confirm that you have the right to submit it and that it is accurate, lawful, and does not violate another person's rights.
You grant KoolerThings a worldwide, nonexclusive, royalty free license to use, reproduce, edit, publish, translate, and display that content for business and promotional purposes, subject to applicable law and our Privacy Policy.
We may remove content that is unlawful, misleading, offensive, infringing, or unrelated to the intended use of the website.
11. Prohibited Uses
You may not use the website to:
- Violate any law or another person's rights
- Submit false, misleading, fraudulent, harmful, or unlawful information
- Upload malicious code or interfere with website security or operation
- Collect information about other users without authorization
- Send spam or attempt unauthorized access
- Copy, scrape, or exploit the website for commercial purposes without permission
- Circumvent purchase limits, access controls, or security measures
12. Third Party Services and Links
The website may use or link to services operated by third parties, including Shopify, payment providers, social platforms, and delivery services. We do not control third party websites or services and are not responsible for their content, availability, or practices.
13. Disclaimer of Warranties
To the fullest extent permitted by law, the website and its content are provided as available without warranties beyond those that cannot legally be excluded. We do not guarantee that the website will always be uninterrupted, secure, accurate, or free from errors.
Nothing in these Terms limits warranties or consumer rights that cannot be waived under applicable law.
14. Limitation of Liability
To the fullest extent permitted by law, KoolerThings and its affiliates, service providers, officers, employees, and agents will not be liable for indirect, incidental, special, punitive, or consequential damages arising from the website, a delay, a third party service, or a product, except where liability cannot legally be limited.
Where a limitation is permitted, our total liability for a claim relating to a purchase will not exceed the amount paid for the product giving rise to the claim.
15. Indemnification
To the extent permitted by law, you agree to indemnify and hold KoolerThings and its affiliates harmless from claims, losses, and expenses arising from your unlawful use of the website, your breach of these Terms, or your violation of another person's rights.
16. Termination
We may suspend or terminate access to the website when we reasonably believe these Terms have been violated or when necessary to protect the website, customers, or our rights. Provisions that should reasonably survive termination will remain effective.
17. Changes to These Terms
We may update these Terms by posting a revised version on this page. The new version becomes effective on the date shown above. Continued use of the website after an update means you accept the revised Terms.
18. Governing Law
These Terms are governed by the laws of the State of New Jersey and applicable federal laws of the United States, without regard to conflict of law principles. Mandatory consumer rights available where you live remain unaffected.
19. Severability and Entire Agreement
If any provision is found unenforceable, the remaining provisions will continue in effect. These Terms and the policies referenced on the website form the entire agreement regarding use of the website and purchases made through it.
20. Contact Us
Questions about these Terms can be sent to support@koolerthings.com or through the Contact Us page at https://koolerthings.com/pages/contact-us.