Conditions of Use

 1. INTERPRETATION

1.1 These terms and conditions relate to any use for what ever purpose of our website and any of its pages, and sub domains. Any reference to "you", or "your" refers to you as an individual user / viewer of the site or customer. Any references to "us", "we" or "our" are to Cooltronics. By using this site you are agreeing to these terms and conditions, including those separate, but related conditions of shipping and returns, payment, and privacy.

2. COMPLETE AGREEMENT

2.1 These Conditions shall govern the Contract to exclusion of any other terms and conditions between the Company and the Customer and no variation to the Contract or these Conditions (including the incorporation of the Customer's standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorised representative of the Company.

 2.2 Any typing clerical or other error or omission in any website, catalogue, sales literature, price list, dispatch note, invoice or other documentation or any information issued by the Company ( in whatever form and on whatever media) shall be subject to correction without any liability on the part of the Company

 3. CONTRACT

 3.1 No order submitted by the Customer shall be deemed to be accepted by the Company until the Goods have been dispatched by the Company and a dispatch note issued via email to the Customer and payment has been made by the Customer in full for the required goods.

 3.2 The Customer shall be responsible for ensuring the accuracy of any order submitted on the company’s website with special attention to delivery address, payment and purchased goods.

4. PRICE

4.1 The price due for an item will be that which was displayed at the time of an order being made. This will be the payment amount due, and no responsibility can be accepted by us for any later lowering of that price.

4.2 We are unable to accept any responsibility for incorrectly advertised, displayed or calculated prices. Although we endeavour to ensure all prices are correct and up to date. Any variation between the advertised price and the actual price due to error caused by but not limited to, human error, software error, hardware error, or misinformation provided to us. In the above case you will be provided with the option of paying the correct price in full or being provided with a full refund.

4.3 Unless otherwise stated, all prices are inclusive of VAT. Shipping is chargeable and is based on both the weight and dimensions of the resulting package. You will be notified of the shipping costs, which is also dependent on the shipping option you select at the `Checkout`.

5. PAYMENT

5.1 We accept payment by Visa/Mastercard/Maestro/Delta/Electron and Amex cards through Paypal. Customers can also choose to pay by cheque, all options are made clear during the `Checkout` process. If payment is made by cheque, no goods will be dispatched until the funds have been cleared as per clause 5.3.

5.2 Where using Credit or Debit cards, payment will be taken at the time of placing your order. An email confirmation will automatically be sent confirming your order and an invoice receipt will be shipped with goods.

5.3 Payment will not be deemed to have been received, until it is received in full, and cleared funds. Payment must be received, and not just sent, before any contract exists between us and you. 

5.4 All Goods will remain the property of Cooltronics until the goods are paid for in full. If your cardholder declines payment, whether before or after dispatch of the goods to you, we will treat the order as being cancelled. If the goods and promotional products have been dispatched we may:-

 5.4a Require you to return the goods and the promotional products to us in the original condition within 7 days; or

5.4b Require you to pay in full by satisfactory alternative means within 7 days.

6. PRODUCTS

6.1 We endeavour to make all product descriptions, as accurate, and up to date as possible, however all information is provided, by either the manufacturer, and or supplier. We can therefore take no responsibility for items being in any way incorrectly described. However we will in most cases try to come to some suitable agreement to resolve the situation, should a product or service provided to you not be as it was described. We will however only take any action with regards to this, provided you make contact with us, within 7 (seven) days of delivery, and the product remains with you until, a suitable agreement is reached. Any action taken is solely at our discretion, and we reserve the right not to provide any action in this case.

6.2 Cooltronics where possible check all products for functionality prior to dispatch and continually check all new products against the manufacturers claims and specifications before displaying on our web site.

7. SHIPPING & PRODUCT RETURNS 

7.1 Refer to “Shipping & Returns” on menu.

8. PRIVACY STATEMENT

9. LIMITATION OF LIABILITY

9.1 Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.

9.2 All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.

9.3 Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.

9.4 Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order.

10. WAIVER

10.1 If at any time you breech any of the terms and conditions, described or referenced here, and we do not take any action at that time, we still maintain the right to take any required action at a later date, and time.

11. INVALIDITY

11.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.

12. VARIATION

12.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.

13. THIRD PARTY RIGHTS

13.1 We and you do not intend that any provision in the Terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.

14. CUSTOMER ACCOUNTS

14.1 All customer accounts are provided by us as a service to you, to enable easier use of our site. We reserve the right to amend, suspend, and cancel any accounts, at our discretion, without prior warning or notice. We will endeavour to provide explanation should any action be taken with regards to customer accounts, however we reserve our right not to provide this information at any time.

15. VOUCHERS / COUPONS / GIFT CERTIFICATES

15.1 All vouchers are valid only to the amount stated, and must be used within the stated dates.

15.2 Coupons are issued by us as a promotional item. We reserve the right to cancel or change without notice the promotion at anytime. We also reserve the right to cancel or change without notice any coupon should we feel it is being used with regard to breach of terms and conditions, or for illegal or inappropriate activity.

15.3 Any misuse of the voucher and or coupon system, may result in cancellation of orders, and accounts.

15.4 Gift Certificates can be either purchased by the Customer or issued as a promotion or at the discretion of the Company to Customers. Once redeemed, the value of the Gift Certificate is added to your Account. At the Customers discretion, they can transfer either all of a part of the Gift Certificate to a third party who can then redeem this value once they have created an account.

15.5 The monetary value of the Gift Certificate can only be redeemed against goods purchased online. No Gift Certificate can be exchanged back into monetary value in the form of a cheque or cash.

16. THIRD PARTY LINKS

16.1 We may provide links to other website or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites (ii) the content of the websites, including without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

17. WEBSITE USAGE

17.1 If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cooltronics relationship with you in relation to this website.

17.2 The use of this website is subject to the following terms of use:

17.2a The content of the pages of this website is for your general information and use only. It is subject to change without notice.

17.2b Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

17.2c Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

17.2d This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

17.2e All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

17.2f Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

17.2g From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

17.2h You may not create a link to this website from another website or document without Cooltronics prior written consent, links can be submitted through the "Links Referral" menu found on the website.

 18. FORCE MAJEURE

18.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, where the delay or failure was due to any cause beyond the Company's reasonable control and without prejudice to the generality of the foregoing the following shall be regarded (without limitation) as causes beyond the Company's reasonable control: 

18.2.1 acts of God, explosion, flood, tempest, fire or accident;

18.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

18.2.3 Acts, restrictions, regulations, bye-laws or measures of any kind on the part of any governmental parliamentary or local authority;

18.2.4 import or export regulations or embargoes;

18.2.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);

18.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and

18.2.7 power failure or breakdown in machinery.

19. INSOLVENCY OF CUSTOMER

19.1 This Clause applies if:

19.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

19.1.2 an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Customer; or

19.1.3 the Customer ceases or threatens to cease to carry on business; or

19.1.4 the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.

19.2 If this Clause 19 applies then without prejudice to any other rights or remedies available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered and not paid for the price of the Goods in question shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

20. EXPORT OR IMPORT LICENCES

20.1 The Customer shall be responsible for obtaining all licences for the export or import of the Goods and for obtaining any other licences required for the delivery or sale of the Goods in the country of destination.

21. Governing Law and Jurisdiction

21.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.