jccoolstuff.com Terms and Conditions


IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Throughout these Terms and Conditions of Use and Terms and Conditions of Sale, "We", “Us” or "Our" refers to JCCOOLSTUFF.COM. “You” or “Your” refers to the user who is accessing or using the Web Site and any person or company for whose benefit that user is accessing or using the Web Site (“User”).


Acceptance of Terms and Conditions of Use and of Sale

By accessing or otherwise using this web site (" Web Site "), or by making a purchase on the Web Site, you agree to be bound by the Terms and Conditions below and any later amendments, rules or guidelines that we post for general use of the Web Site or of specific services on the Web Site and that are in effect at the time of any such use or any purchase made through the Web Site.  If these Terms and Conditions of Use are inconsistent with any specific terms, rules or guidelines for a particular service or purchase, the terms for that service or purchase will govern.


Changes to the Terms and Conditions

JCCOOLSTUFF.COM may change the terms and conditions below at any time, without prior notice. You should check these terms and conditions of use periodically. If you access or use the web site after we post a change, you accept that change. If you do not accept the change, do not access or use the Web Site

Should We change the Terms and Conditions of Sale, the new or amended Terms and Conditions will not apply to existing orders, which will be subject to the Terms and Conditions of Sale that were in force at the time(s) the order(s) were placed.


Terms and Conditions of Use

Access and License

We grant you a limited, non-exclusive license to access and use the JCCOOLSTUFF.COM Web Site (Web Site) for the purpose of reviewing, evaluating, and ordering products provided that you do not modify the Web Site, its content, or any copyright or other proprietary notices.  All rights not granted to You under this License are reserved to JCCOOLSTUFF.COM, and/or its suppliers, other content providers, or licensors as applicable.

You agree to use this Web Site in a responsible manner in compliance with these Terms and Conditions of Use and all applicable laws and regulations, including export and import regulations.  You are also responsible for the security of your password and ID and for any use of Your ID and password by anyone else, whether authorized by You or unauthorized.  

If you violate or breach these Terms and Conditions of Use or any applicable laws, We reserve the right to terminate your license to access this Web Site or to place any orders through the Web Site. Upon termination, You must immediately destroy all related contents in your possession.

Restrictions of Use

  1. Except as expressly authorized above, You may not copy, modify, distribute, download, display, transfer, post, sell, transmit or engage in derivative use the content, information, product listings, software or any other aspect of this Web Site in any form for any commercial purpose without our prior written permission.
  2. You may not violate any copyright, trademark, patent, or trade secret laws or rights, the laws or rights of privacy or publicity, or any other laws, to include all applicable statutes, regulations, and court-made law.  You agree that you will only place text, images, designs, service marks, trademarks, logos, graphics or other copyrighted works on the Web Site if You own or have obtained permission to use such content, and by placing it on the Web Site, you warrant that you have such ownership or permission and do not infringe on the rights of any other person or company.
  3. You may not place any content on this Web Site that is spam, pornographic, offensive, threatening, harassing, defamatory, obscene, malicious, sexually graphic, inflammatory, profane, contains viruses or other electronic threats, attacks other persons or companies, or is otherwise objectionable or illegal, and you may not use content from this Web Site for any of those purposes. We reserve the right to edit or remove any post or transmission that, in Our sole judgment, is not appropriate.  
  4. You may not use any automatic device, including any robot or spider, or any manual process to copy the Web Site or any of its content; mirror the Web site or any content on another server; or collect or use product listings, descriptions, or prices for a supplier of competitive or comparable products.  
  5. You will not engage in any actions that impose an unreasonable or disproportionately large load on the Web Site or otherwise interferes with its functioning.
  6. You may only register and use this Web Site to make purchases if you are 18 or older. By registering, you agree all information you submit to us on the Site is accurate and truthful.

Submissions to the Website

Except for information that is subject to our Privacy Policy (link to our Privacy Policy), We will not treat information You post or transmit to the Web Site as confidential or proprietary. By sending information to Us through the Web Site (by transmitting, posting, or otherwise), You agree We may use that information in any way, for any purpose, including Our own commercial purposes, subject only to the Privacy Policy.  You grant Us a perpetual, royalty-free, irrevocable, nonexclusive license us to use, modify, display, distribute, translate, reproduce, create derivative works, and sublicense the information, including any name under which You submit such information, in any media. You also acknowledge that JCCOOLSTUFF.COM has the right to monitor, edit, and remove any such content or activities.  

Copyrights and Trademarks on The Website

It is our policy that we do not place any designs, artwork, or trademarks on the Website unless We own them or have received permission from their owner to use them.  

Links to this Web Site

We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray JCCOOLSTUFF.COM or its products or services in a false, misleading, derogatory, or offensive matter. You may not use our logos, trademarks, or other proprietary graphics in the link without Our prior written permission.

Account Access

You are responsible for the confidentiality of your password and your account.  When You set up an account, you are required to limit access to your account and your computer that would allow unauthorized use of your account.  You will be responsible for any activities that occur on your password or account whether You authorized them or not.  

Terms and Conditions of Sale

THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN UNLESS THEY ARE SPECIFICALLY BROUGHT TO THE ATTENTION OF JCCOOLSTUFF.COM AND ACCEPTED IN WRITING.


BY PLACING AN ORDER THROUGH THIS WEBSITE OR BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN JCCOOLSTUFF.COM'S INVOICE OR OTHER JCCOOLSTUFF.COM DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND JCCOOLSTUFF.COM HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

 

Orders  

Orders are not binding upon Us until We accept them. At this time, We do not accept purchase orders from outside the United States. All international orders must be prepaid.

All purchase orders must be in writing and preferably on customer’s official PO form or company letterhead.  If the Bill-to address differs from the Ship-to address, We will need contact information for both addresses. The PO must include the customer’s contact information, item number/name, quantity, unit price, item color, imprint color/colors, ship method, ship to address, ship date, in-hand date, and any other applicable information.  

By placing an order on this Site, you warrant that You have all necessary permission, right and authority to place the order and You authorize JCCOOLSTUFF.COM to produce the products ordered on your behalf.

Changes to Orders

You must submit any changes to the PO in writing and We must approve them prior to the changes becoming effective.   You are responsible for any and all costs that We incurred prior to the change approval.  

Order Cancellations

You must make any cancellation request in writing and We must approve it.  Even if an order is canceled, some charges may still be applicable that were incurred before the cancellation was received and approved. The customer is responsible for any and all incurred costs prior to receiving the cancellation approval.  

Rush Orders

We are not always able to accept Rush orders but will do so when it is possible.  Customized order will be most difficult or at times may be impossible to provide on a Rush basis.  Extra charges will be applicable to some Rush orders.

Limited Manufacturer’s Warranty

You understand and acknowledge that JCCOOLSTUFF.COM is not the manufacturer of the products purchased by You through this Web Site and the only warranties offered are those of the manufacturer, not Us. In purchasing the products, You are relying on the manufacturer's specifications only and are not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Us. In connection with services, neither affiliates of JCCOOLSTUFF.COM nor third party service providers are our agents and We have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.

We do not warrant the performance or integrity of any Product but merely pass through to You whatever end-user warranty the manufacturers or suppliers provide with their respective products.

We have no control over the technology of the Products sold herein, and therefore cannot and do not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. We will pass through any such indemnity We receive from product manufacturers or suppliers.

Delays

We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Third-Party Services

You acknowledge and agree that We and Our affiliates are resellers of products and services and are not the provider of those products and or services. Thus, the third-party product and or service provider is the only party responsible for providing products and or services to You.  You therefore will look solely to the third-party product and or service provider for any loss, claims or damages arising from or relating to the purchase or provision of such products and or services. You hereby release JCCOOLSTUFF.COM and its affiliates from any and all claims arising from or relating to the purchase or provision of any such products and or services by third-party product and/or service providers.

Defective or Damaged Products

All packages shipped from JCCOOLSTUFF.COM, its affiliates, and or its suppliers are inspected prior to shipment. However, it is possible that damage may occur during shipping. Packages that are damaged during shipping should be refused at first delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the delivery driver leaving your receiving area. Any hidden or internal damage to any product must be reported to us within the first 3 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Unless instructed otherwise by Us, please save the product, the shipping carton and all manufacturer packaging. These will be needed for the carrier’s inspections. Failure to notify JCCOOLSTUFF.COM of damage within this time period will be deemed an acceptance of the product. Timely receipt of the damage report is necessary for JCCOOLSTUFF.COM to file a damage claim with the carrier.

Return Material Authorization (RMA)

All returns and or refunds must be approved by Us in writing. Contact us for a Return Material Authorization Number.  Your request for an RMA number must be submitted within 20 calendar days of the related invoice and must state the specific reason for the return and your request.  

Personalized goods may only be returned if JCCOOLSTUFF.COM or the manufacturer is responsible for an error in their manufacture contrary to the instructions actually received from You or they were damaged in transit, in which case the claim must be processed by the carrier.  

RMA numbers are only valid for 20 days. You need to obtain a new Returned Material Authorization number if your number has expired.

We will not accept shipments of returned items that are not properly and clearly marked with the provided Return Material Authorization (RMA) Number. All Returned Products must be in the same condition as they were originally shipped. All Authorized Returns will be assessed a 15% restocking fee plus the related freight and handling costs unless We or the manufacturer are responsible for an error in their manufacture contrary to the instructions actually received from You. Prototypes and Samples are considered final sales and cannot be returned.

Prices

When We list prices on our Web Site, in catalogs, or in other promotional materials, they are subject to change without notice. Prices shown do not include sales or other taxes. Prices may be established through a bid, an email, or other document provided to You.

We reserve the right to make adjustments to pricing, products and service offerings for reasons including, without limitation, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, We cannot guarantee that we will be able to fulfill Customer's orders.


If an error is made and a product is listed at an incorrect price, We maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, We shall immediately issue a credit in the amount of the incorrect price.

Payment Terms

Terms of payment are within our sole discretion. Payment is due before shipment unless credit terms have been arranged in advance. In such case, payment terms shall be as set forth in the credit agreement.  

Invoices are due and payable within the time period specified on the invoice. We may invoice parts of an order separately.

You are responsible for and will indemnify and hold Us harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with Your order. If You are exempt from any taxes, fees or assessments, You must inform Us of such exemptions at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable taxes or fees or assessments are based on the location to which the order is shipped.

In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees, and attorney's fees.

Inventory cannot be placed on hold until We approve and accept your purchase order. Inventory stock availability is subject to quantity on hand, and it is on a first come, first serve basis.

Artwork Quality and Approvals

We prefer vector art for your customized projects, but You can contact Us to find out what other types of artwork are acceptable. JCCOOLSTUFF.COM is not responsible for the quality(s) of the submitted artwork. Requests for paper or product proofs must be in writing, and extra charges may apply. We will commence production after We receive approval of the paper and/or product proofs. If Your approval of artwork is delayed, We may need to change the projected production and delivery schedules. If you change artwork, additional charges may apply. There is a $50 fee for color samples and an additional $35 charge for color matching

Shipping, Risk of Loss

JCCOOLSTUFF.COM charges shipping and handling fees for every shipment. We will provide You an estimate for shipping and handling charges for your order.

Risk of loss and title are passed to You once We deliver the product to the carrier.

Shipping instructions, shipping method, delivery address and delivery date must be included in the PO.  Changes to shipping instructions must be in writing, approved by Us and submitted at least 48 hours prior to the ship date. You are responsible for additional freight and handling charges, if any, caused by address changes, residential service, re-routed packages, returned packages and/or other adjustments made by the carriers.  

JCCOOLSTUFF.COM is not responsible for delays caused by a carrier or government agency.  No refunds, credits or returns will be given to a customer due to carrier or government agency delays.


Terms and Conditions Applicable to Use and Sales

Accuracy of Information

We have made every effort to present the content on the Web Site accurately, but additions, deletions, and changes may occur. Content on the Web site is provided "as is"; neither We nor Our representatives make any representation or warranty with respect to the content. Should You discover something on our Website is inaccurate, please notify us at __support@jccoolstuff.com___ and We will investigate the matter and take action if, in Our sole discretion, it is appropriate.

Due to Inherent limitations, products displayed may vary slightly from actual products.  In addition, colors of products may not be exactly the same as You see them on the Web Site, as the colors on Your monitor may display differently than the original colors.   

Copyrights and Trademarks on the Website

The material provided on this Web Site is protected by United States, state, and international copyright, trademark and other laws, as applicable. All content, including without limitation text, photos, graphics, logos, designs, trademarks, and trade dress of the Web Site and all rights in such content are owned by JCCOOLSTUFF.COM, its suppliers, or other parties that have granted Us permission for its use.  None of these may be used in connection with a product or service that is not Ours in such a manner as to cause a likelihood of confusion among customers, and may not be used to disparage JCCOOLSTUFF.COM.

The artwork, designs, and trademarks imprinted on the products displayed herein are reproduced only as examples of the type and quality of decorated products available.  They are not intended to represent that the products are either endorsed by or produced for the owners of the artwork, design or trademark.  Any unauthorized use of images or material without prior written consent is prohibited.  Due to Inherent limitations, products displayed may vary slightly from actual products

Except for the limited rights granted above, all other rights are reserved.

Procedure for Notification of Copyright Violations  

If you believe your copyrighted material has been placed on the Web Site without Your permission, You shall notify Our Copyright Agent for Notice of Infringements.  Your notification must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. Identification of the copyrighted work(s) claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and which You would like removed or disabled and information reasonably sufficient to permit Us to locate the material.
  4. Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and email address for You.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury and that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Our Copyright Agent for Notice of Infringements is:

Email us to: SUPPORT@JCCOOLSTUFF.COM

Disclaimer of Warranties and Limitation of Liability

JCCOOLSTUFF.COM AND ITS REPRESENTATIVES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, RELATING TO THE WEB SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND  SPECIFICALLY DISCLAIM ANY SUCH WARRANTIES OR REPRESENTATIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL INFORMATION, CONTENT, MATERIALS, OR PRODUCTS THAT WE MAKE AVAILABLE TO YOU ON THE WEB SITE IS PROVIDED “AS IS,” UNLESS SPECIFICALLY STATED TO THE CONTRARY IN WRITING. JCCOOLSTUFF.COM AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEB SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU ACCESS AND USE THIS WEB SITE AT YOUR OWN RISK.

IF YOUR STATE DOES NOT PERMIT IMPLIED WARRANTIES OR CERTAIN OTHER DAMAGES TO BE LIMITED, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You shall indemnify and defend JCCOOLSTUFF.COM and its officers, directors, employees, agents and representatives from all claims, damages, liability, and costs, including reasonable legal fees that arise from or are related to: (1) Your use of the Web Site; (2) Your violation of these Terms and Conditions of Use; (3) Your placement of any text, image, photograph, graphic or other content on the Web Site or onto any product sold through the Web Site; and (4). Your violation of the copyright, trademark, trade secret, patent, or any other rights of any person or company.

Links to Third-Party Web Sites and Third-Party Content

We do not review or control third-party Web sites that link to or from the Web Site, are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of such third party sites is on your own initiative and at your own risk and is subject to the other sites' terms of use.

We also are not responsible for third-party databases, flyers or catalogs including pricing, production times, or descriptions.

We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

Resolution of Disputes

If any dispute or claim arises concerning Your use or purchase of products through JCCOOLSTUFF.COM that cannot be resolved through communication between Us, You agree that it will be decided in a final and binding arbitration and not by a court, regardless of whether You assert the claim against JCCOOLSTUFF.COM or a third party.  Such arbitration shall be governed by the Federal Arbitration Act (FAA) and administered by the American Arbitration Association (AAA) in accordance with its non-class commercial or consumer arbitration rules and procedures, as applicable, which are currently available at www.adr.org.

By agreeing to arbitration, You agree that a claim You assert will be decided by an arbitrator and not by a judge or jury, but an arbitrator may award You personally the same relief.  You agree that whatever dispute resolution is elected as provided in the prior paragraph, it will be conducted only on an individual basis, and to the extent permitted by law, the arbitrator will not entertain a class or representative action.  

However, instead of arbitration, You and We or any other parties may agree to mediate such claims or disputes or You may assert any applicable claim in small claims court.  Furthermore, either of Us may bring suit in court to enjoin any intellectual property misuse or infringement.  

To start an arbitration or mediation procedure, you must send a notice that you are seeking arbitration or mediation and describe Your claim to: info@jccoolstuff.com NEED TO PUT IN HERE WHO THIS SHOULD BE.  

Governing Law and Jurisdiction

This Agreement is made and entered into in the State of California and shall, in all respects except as otherwise expressly stated herein, be interpreted, enforced and governed by and under the laws of the State of California and as applicable, the federal laws of the United States of America.  All disputes under this Agreement shall be addressed through a mediator or arbitrator, or if permitted under this Agreement, in a court, located in Los Angeles County, California.

Entire Agreement and Severability

The Terms and Conditions on this page and the specific terms of any order You place as accepted by JCCOOLSTUFF.COM in writing constitute the entire agreement between You and Us concerning Your use of this Web Site and any orders placed through the Web Site.  The provisions of this Agreement are severable, and if any one or more provisions or part of one is judicially determined to be unenforceable, in whole or in part, then the remaining provisions or parts of provision(s) shall nevertheless remain binding and enforceable.