https://coldcracker.store/
1. GENERAL INFORMATION
The ownership of this website https://coldcracker.store/, (hereinafter Website) is held by: Empirical Brands LLC, with Tax ID: 612015705, and whose contact details are:
Address: 347 Fifth Avenue, Suite 1402, New York NY 10016
Contact phone number: 305-424-8232
Contact email: martin@empiricalbrands.co
This document regulates the conditions governing the use of this Web Site (https://coldcracker.store/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity coldcracker develops through the Website includes:
Coldcracker is a brand of novelty bottle openers.
By using this Website or by making and / or requesting the purchase of a product and / or service through it the User agrees to be bound by these Terms, so if you do not agree with all of it, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those that are in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details.
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily intended for users residing in the United States. coldcracker does not ensure that the Website complies with laws of other countries, either in whole or in part. coldcracker disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside the United States.
The User may formalize, at its option, with coldcracker the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of https://coldcracker.store/, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: “Buy Now”.
Likewise, the User shall fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data may be modified.
Subsequently, the user will receive an email confirming that coldcracker has received your order or request for purchase and / or service delivery, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to coldcracker using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Communications, purchase orders and payments involved in transactions made on the Website may be archived and stored in coldcracker's computerized records in order to constitute a means of proof of transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable.
Unless expressly stated otherwise, coldcracker is not the manufacturer of the products sold or that may be marketed on the Website. While coldcracker makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than what appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
4. AVAILABILITY
All purchase orders received by coldcracker through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If difficulties arise in the supply of products or products are not in stock, coldcracker undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICING AND PAYMENT
The prices displayed on the Web Site are the final prices, in Dollars ($) and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, coldcracker performs delivery services and / or shipping through: DHL Express, USPS.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already completed the purchase request process on the Website as indicated in paragraph one of clause three.
The means of payment accepted shall be: Credit or debit card and/or PayPal.
coldcracker uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if such entity does not authorize payment, coldcracker not be liable for any delay or non-delivery and can not enter into any contract with the user.
Once coldcracker receive the purchase order by the user through the Web Site, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of shipment and / or confirmation of the service provided in the manner and, where appropriate, place established.
If the payment method is PayPal the charge will be made at the time coldcracker send a confirmation of the purchase order or purchase of products and / or services to the user.
6. DELIVERY
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the user and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, which was attributable, coldcracker could not meet the delivery date, contact the user to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the user will not be at the place of delivery in the agreed time slot, you should contact coldcracker to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to coldcracker, coldcracker understand that the user wishes to withdraw from the contract and it shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when coldcracker receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time to the full receipt of the amount paid by coldcracker.
7. TECHNICAL MEANS TO CORRECT ERRORS
It brings to the attention of the User that in case you detect that there has been an error when entering data necessary to process your purchase request on the Website, you can modify them by contacting coldcracker through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Buy Now”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
8. REFUNDS
In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired material possession of the goods purchased on the Website coldcracker or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the user must notify his decision to coldcracker. It may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means you choose to communicate your decision, you must clearly and unequivocally state that it is your intention to withdraw from the purchase contract.
To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the relevant period.
In case of withdrawal, coldcracker will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which coldcracker is informed of the decision to withdraw by the User.
coldcracker will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, coldcracker may withhold such reimbursement until it has received the products or items of purchase, or until the User provides proof of the return of the same, depending on which condition is met first.
The User may return or send the products to coldcracker at:
And must do so without any undue delay and, in any case, no later than 14 calendar days from the date coldcracker was informed of the withdrawal decision.
The User acknowledges knowing that he will have to bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he will be responsible for the diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
In any case, no reimbursement will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipment error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order, and that, therefore, should contact coldcracker immediately and let him know the existing nonconformity (defect / error) by the means of contact of the website.
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products you can purchase through this Website, in the terms legally established for each type of product, responding coldcracker, therefore, by the lack of conformity of the same that is manifested within three years from delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by coldcracker and possess the qualities presented in the same; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, coldcracker accepts no liability for the following losses, irrespective of their origin:
• - any losses which were not attributable to any breach by you;
• - business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
• - any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between the parties.
Likewise, coldcracker also limits its liability as to the following cases:
• coldcracker applies all measures concerning to provide a faithful display of the product on the Website, however is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
• - coldcracker act with the utmost diligence for the purpose of making available to the company responsible for the transport of the product object of the purchase order. However, not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other industry-specific, resulting in delays, loss or theft of the product.
• - Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Unavailability of the Website for maintenance or other reasons, preventing the availability of the service. coldcracker puts all the means at its disposal for the purpose of carrying out the purchase process, payment and shipping / delivery of products, however disclaims liability for causes not attributable to him, fortuitous event or force majeure.coldcracker
• coldcracker is not responsible for the misuse and / or wear of the products that have been used by the user. At the same time, coldcracker will not be responsible for an erroneous return made by the user. It is the User's responsibility to return the correct product.
• In general, coldcracker not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, ie due to force majeure, and this may include, but not limited to:
• Huelgas, cierres patronales u otras medidas reivindicativas.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
• Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
• Impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure continues, and coldcracker will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. coldcracker will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with coldcracker are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notice, information and other communications that coldcracker sent electronically comply with legal requirements to be in writing. This condition does not affect the rights granted by law to the User.
The User may send notifications and / or communicate with coldcracker through the contact details provided in these Terms and, where appropriate, through the contact spaces on the Website.
Also, unless otherwise stipulated, coldcracker may contact and / or notify the user in your email or postal address provided.
11. DISCLAIMER
No waiver by coldcracker to a right or specific legal action or the lack of requirement by coldcracker of strict compliance by the User of any of its obligations shall constitute a waiver of other rights or actions arising from a contract or the Conditions, or exonerate the User from the performance of its obligations.
No waiver of coldcracker to any of these Conditions or rights or actions arising from a contract shall be effective, unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.
12. INVALIDITY
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. FULL AGREEMENT
These Terms and any document expressly referred to in these constitute the entire agreement between the User and coldcracker in relation to the object of sale and replace any other pact, agreement or prior promise agreed verbally or in writing by the same parties.
The User and coldcracker acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. COMPLAINTS AND CLAIMS
The User can send coldcracker their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
Also, if the conclusion of this purchase contract between coldcracker and the User emanate a dispute, the User as a consumer may request an out-of-court settlement of disputes, according to the law.
