Terms & Conditions

CNCT Coolers Terms of Service

 

OVERVIEW

 

CNCT Coolers, Inc. ("we", "us" or "our")  is a corporation formed pursuant to the Business Corporations Act  R.S.O. 1990, CHAPTER B.16 in Ontario, Canada. In consideration for permitting your access to our website, the ability to place orders on our online store at https://cnctcoolers.com  (“Website”) and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to our Website, in addition to the orders you place on our Website.  If you are using the Website on behalf of (or in the employ of) an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with CNCT Coolers, Inc.

 

Privacy

We collect and use your personal information in accordance with our privacy policy.  By using our Website, you consent to such processing and you warrant that all information provided by you is accurate. Our Privacy Policy is available online at https://cnctcoolers.com/pages/privacy-policy.

 

Establishing an Account

You may browse the public facing sections of our Website without establishing an account or providing us with any personal information. You may also purchase products from us without an account by proceeding to the online checkout as a guest user.

However, establishing an account on the Website makes the checkout process easier and allows you to store and save products you may wish to later purchase. Account holders may also receive promotional offers from time-to-time.  Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke that license and your access to our Website at any time.

 

Account Not Transferable, Updating Your Account & Security

If you establish an account with us, access to your account is not transferable and is only intended for the individual or entity that established the account.

Upon setting up an account, you will be required to create a username and password.  You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third-party.   You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email account registered on the Website (i) you are responsible for ensuring that the email address provided to us is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence. 

You must immediately notify us of any unauthorized use of your account.

 You must inform us of any changes to your contact details and other information provided to us, including, but not limited to, your email address and telephone number.

 

Acceptable Use of the Website

In using our Website, you agree, and you represent and warrant to us that you:

  1. Will not use the Website in a way that has any unlawful or fraudulent purpose or effect;
  2. Will not use or provide us with personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
  3. Will not impersonate any person or entity;
  4. Will not collect, harvest or store any personally identifiable information, including user account information, from us; and
  5. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.

We may, but have no obligation to, restrict user access and accounts from the Website that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

 

Prices

Where prices are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us.  Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept such orders. All orders placed are subject to availability and subject to being within our delivery area.

Additional terms, including but not limited to tax, discounts, refunds and exchanges, delivery and payment may also be specified on the Website.  Those terms and policies, as amended from time to time, are incorporated by reference and form part of this agreement. If any information, policies or terms posted to the Website concerning price, tax, discounts, refunds and exchanges or delivery are posted in error, we reserve the right to amend those terms. We further reserve the right to:

  • Remove any product from the Website; and
  • Reject, correct, cancel or terminate any order, including accepted orders for any reason.

 

Taxes

You agree to pay all sales taxes applicable to this agreement or arising in any way from the purchase of products or services from us.

 

Payment

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any order placed with us; and that (ii) the information you provide  on the Website is true, correct and complete.

We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include ShopPay, PayPal, Apple Pay and others. Although we may display their forms on our Website, when you provide your payment details on the Website, you are providing them to the applicable payment processor.

We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.

 

Return Policy

We offer a thirty (30) day return period from the date your order is delivered to you.  However, all returns are subject to a USD $25.00 restocking fee and we do not accept returns for products that we determine:

  • have been used or show any signs of having been used;
  • were not purchased on our Website;
  • were listed as final sale items at the time of purchase; or
  • do not have the original packaging and all components.

 You may be asked to provide, and you agree to provide, photos evidencing the condition of your products and the packaging prior to returning them to us.

 

Return Shipping Costs

 

Organizing return shipping and all associated costs, including shipping fees, customs, duties and any applicable taxes are your responsibility. Under no circumstances do we pay for return shipping or any damages, losses or fees related thereto. This includes scenarios where, for whatever reason, your return shipment fails to reach us and/or is returned to your address. If you wish to purchase shipping insurance to cover lost or damage shipments, you may do so.

 

Commencing the Return Process

 

To start the refund process, please email us at sales@cnctcoolers.com. We will provide instructions on shipping your items back to us.  Returns must be postmarked within fifteen (15) days following the sending of our email with the return shipping instructions.

Refund Payments

 

Once your returned product is received and inspected by us, we will send you an email notifying you that we received the item and whether your refund has been approved.

 

Refunds, if granted, will be credited to the original method of payment in the amount of your original purchase price, less the restocking fee (referenced above), any shipping charges or other charges in accordance with this policy. Unfortunately, we are not able to provide your refund payment to any other payment method aside from the one you used to place your order.  If more than seven (7) business days passes from the time you returned your product(s) and you have not received your refund, please email us at sales@cnctcoolers.com

 

Limited Product Warranty

We offer a one-year limited warranty against material manufacturing defects (parts and labor). A material defect is one that makes your product unusable, caused solely by a defect in the manufacturing process. The warranty does not cover damage or wear and tear caused by you or any third party. To submit a warranty claim, you will be required to take photos of your product and email them to us at sales@cnctcoolers.com. You agree that we shall have the sole right to reasonably determine whether a defect is material and whether warranty coverage applies. If warranty coverage does apply to your product, we will provide a replacement, or at our election, a refund. However, you will be required to pay all shipping fees for returning your product to us, in advance.

 

Acceptance of Risk and Disclaimers

Aside from the limited warranty (above), everything on the Website, including all products available for order, are provided "as is" without any other warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose.  We hereby disclaim all other warranties and conditions of any kind, whether express, implied or statutory.

 

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, WHETHER FROM USING OUR PRODUCTS, WEBSITE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) REQUESTING A REFUND OR EXCHANGE PURSUANT TO OUR REFUND POLICY (ABOVE), IF APPLICABLE; AND (II) REQUESTING A NEW PRODUCT IN ACCORDANCE WITH OUR LIMITED WARRANTY (ABOVE), IF APPLICABLE.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE, OR OUR PRODUCTS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US OVER THE PRECEEDING TWO (2) MONTHS FROM THE DATE OF YOUR CLAIM; OR (II) USD $10.00, WHICHEVER IS LESS.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT, SELL OUR PRODUCTS TO YOU, OR GRANT ACCESS TO THE WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUPPLIERS AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM; (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCOROPRATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

 

Ownership of the Website and Its Contents

Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of CNCT Coolers, Inc., including our logo, without our express permission.

 

Your Content

Our Website may permit you and other users the ability to upload and post content, including product reviews ("User Content"). We do not pre-screen all User Content uploaded or posted to the Website by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website. We may delete your User Content at any time.  

You agree not to use the Website in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.

 

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at sales@cnctcoolers.com. While we take no responsibility for any user or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

 

Linked Sites

Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website, we are not responsible for their content (the "Linked Sites").  The Linked Sites are for your convenience only and you access them at your own risk.  We and other users provide links and references to material on other websites not owned or operated by us.  Links found on our Website or in connection with our marketing materials and social media accounts are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites.  You access those links and corresponding sites at your own risk.

 

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us. 

 

Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.

 

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.

 

Waiver of Class Proceedings and Trial by Jury

To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors.  To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

 

Incorporation by Reference

All policies referred to in these Terms, or anywhere on our Website, are incorporated into these Terms by reference, including, but not limited to, our Privacy Policy, Refund Policy and Acceptable Use Policy.

 

Account Termination

We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice.  The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement.  Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

 

Assignment of this Agreement

You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of CNCT Coolers, Inc., or otherwise.

 

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

 

Other Terms

In the course of using your account with us or using our Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, credit card companies and banks.  You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.

 

AMENDMENTS

AS OUR WEBSITE AND PRODUCTS CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY.  THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.  AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED.  IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.