COOL&HOT XTREMWEAR Cart access

TERMS AND CONDITIONS OF USE

1.- Identification of the owner and general information

COOL & HOT XTREMWEAR is the trade name of the company COOL & HOT THERMAL BAG, S.L. The present Terms and Conditions regulate the access and use of the website www.coolandhot.shop (hereinafter, the Website) owned by COOL & HOT THERMAL BAG, S.L. (hereinafter, COOL & HOT), with C.I.F. B-02833812 and registered office at Carrer de Lleo, 2-A, 08818, Olivella (Barcelona), as well as the services and products offered by COOL & HOT on its website.
COOL & HOT offers this website subject to these Terms and Conditions. By visiting the website or using the services or applications of the website, the user accepts these Terms and Conditions.
Users are not required to register to access the website. However, in order to contract any of the services offered by COOL & HOT, the User´s registration and acceptance of these terms and conditions shall be required before formalising payment.
Through the Website, COOL & HOT offers Users technical sports clothing and accessories of the brand COOL & HOT XTREMWEAR.
The present Terms and Conditions of COOL & HOT described below define the rights and obligations of COOL & HOT and the Users within the framework of the Website. These are the only Terms and Conditions applicable to the use of the website (without prejudice to the fact that for certain services there may be specific conditions) and to the placing of orders through the website and replace any other conditions, unless previously agreed in writing between COOL & HOT and the User.

2.- User Data

In order to purchase the products offered through the Website it will be necessary for the User to register through the registration form available on the Website.
The User will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords in order to avoid possible unauthorised use.
In the event that the User has reason to believe that his/her data has been made known to a third party, or if it has been used in an unauthorised manner, or is likely to be used in an unauthorised manner, he/she must inform COOL & HOT immediately.
The User must check that their details are correct and complete and inform COOL & HOT when there is any variation and/or modification in the information provided in the purchase process.

3.- Orders and terms and conditions of sale

The services and products offered through the COOL & HOT Website are intended for the purchase by Users of technical sports clothing and accessories of the COOL & HOT XTREMWEAR brand.
In order to place an order with COOL & HOT, the User must be over 18 years of age.
In order to place orders through the Website, the User must provide a series of data prior to placing an order, through the purchase form, which will be necessary to manage the purchase order.

4.- Price, method of payment and discount codes

Once the information on the form has been completed, the User must proceed to pay for the order using the means of payment specified on the Website.
After payment has been made, the User will receive an e-mail confirming the order, which will include a summary of the items purchased, the delivery method requested and the destination address.
If at the time of payment there is an incident that prevents the payment from being made, the User will receive an automatic payment error message and the order will not be processed until the payment process has been successfully completed.
The prices of the services are expressed in Euros (€), including taxes and management and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order.
All prices shown are final prices, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will have detailed information on the price of the product at all times. In the case of the Canary Islands, VAT will be excluded at the time of payment of the order.
COOL & HOT may periodically offer discount codes to its Users. Said discounts may only be applied in accordance with the instructions specified by COOL & HOT with regard to each code, and in any case Users may only use a single code per order.
The use of discount codes shall not be compatible with certain promotional actions and collections.

5.- Information on COOL & HOT products and services

The information included on the website in each description of the products and services, in its photographs, graphic or iconographic representations or videos, as well as trade names, trademarks or distinctive signs of any kind, are for information purposes only. Therefore, COOL & HOT declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.

6.Shipping information

Spain (not islands)
Standard shipping price: 2,50 €.

Andorra
Standard shipping price: 4,50 €.

Ceuta, Melilla, Balearic Islands, Portugal (not islands):
Standard shipping price: * 4,50 €.
* Subject to alteration.

Canary Islands:
Standard shipping price: * 9 €.
* Subject to alteration.
** The shipment will be made by Post Office. Upon receipt of the shipment, the corresponding local taxes (IGIC, IPSI, AIEM, ...) as well as possible customs duties that may be applicable must be paid in addition.

Austria, Belgium, Switzerland, Germany, Denmark, France, Great Britain, Ireland, Italy, the Netherlands, Sweden:
Standard shipping price: 10,50 €.


Greece, Luxembourg, Norway:
Standard shipping price: 16,50 €.
* Delivery times are always subject to the correct and normal operation and logistical development of the preparation and shipping process and to the volume of orders existing at any given time.
** Shipping rates are subject to modification for promotions.

7.- Return of defective product and right of withdrawal

7.1 Returns due to manufacturing defects

The consumer and user may return to COOL & HOT, free of charge, any product that is defective or does not conform to the description made during a period of two (2) years from the date on which the product was received. Taking into account the nature of the products purchased, the consumer and user shall have a period of two (2) months from the date he/she became aware of the lack of conformity of the product to notify COOL & HOT through the CONTACT channel provided for this purpose, indicating the defective product or products, attaching photographs and other evidence demonstrating the defects or lack of conformity of the products, as well as a detailed list of the defects found, the purchase order and any other additional documentation that allows the purchase made by the consumer and user to be identified.
Once COOL & HOT has received the communication from the consumer and user and has analysed the incident through its Quality Department, it will inform him/her as soon as possible whether or not to return the product, objectively considering the nature of the product or the nature of the alleged lack of conformity or defect. In the event that the return is appropriate, COOL & HOT will indicate to the consumer and user how to send the defective product to its warehouses. The address of these warehouses will be as follows:
C/LLEO, 2, A. OLIVELLA (BARCELONA)O8818
However, COOL & HOT will not, under any circumstances, take responsibility for products that are returned without having been returned by the consumer and user in accordance with the process detailed above.
Each product to be returned must be unused or, in the event that the defect is found after normal, everyday use, in the best possible condition, and must be returned with all its labels, packaging and, where appropriate, documentation and original accessories that came with it. If the consumer and user does not proceed in this way, COOL & HOT and, in particular, its Quality Department, will have to objectively assess the incident and determine whether the product is defective according to its nature and the nature of the alleged lack of conformity or defect.
COOL & HOT informs the consumer and user that, taking into account the characteristics of the products, in general it will not be possible to repair them because it would be disproportionate. In the event that due to the characteristics of the specific product and the defect it is possible to repair it, the consumer and user will be expressly informed of this circumstance, giving them the possibility of choosing between replacement or repair.
In line with the above, the consumer and user may replace the defective product with another of identical characteristics, without incurring any cost for the replacement of the product. If it is not possible to replace the defective product with another of identical characteristics, the consumer and user will be offered the possibility of choosing a new, similar model.
The delivery of the product with identical characteristics or the new model chosen by the consumer and user, as appropriate, shall be made within three (3) to five (5) working days from the date on which COOL & HOT confirms to the consumer and user the replacement of the defective product or the delivery of the new model.
In the event that the repair of the product cannot be carried out and the replacement of the product is not in accordance with the contract, the consumer and user may choose to terminate the contract.
COOL & HOT informs consumers and users that the deadline for the refund of the amounts paid will depend on the method of payment used by the consumer and user when purchasing the product:
If the consumer and user has paid by credit/debit card, COOL & HOT will refund the amount paid within fourteen (14) calendar days after the consumer and user decided to terminate the contract.
If the consumer and user has paid by PayPal, COOL & HOT will refund the amount paid within twenty-four (24)-forty-eight (48) working hours after the consumer and user decided to terminate the contract.

7.2 Right of withdrawal

The consumer and user shall have the right to withdraw from the order placed remotely without giving any reason, during a period of fourteen (14) calendar days from the correct receipt of the product. The consumer and user may send the entire order or, if he/she prefers, he/she may send any of the products that make up the total order, without penalty and without giving any reason.
The consumer and user must bear the direct cost of the return to COOL & HOT, whether he/she returns the entire order or decides to return only some of the products of the order.
To formalise the return, you must contact COOL & HOT at info@coolandhot.es . Once this communication has been received, COOL & HOT will indicate how to send the order to its offices or warehouses.
The consumer and user must send the product to the following COOL & HOT offices/warehouses:
C/LLEO, 2, A. OLIVELLA (BARCELONA)O8818
COOL & HOT is not responsible for the courier company hired by the consumer and user to return the order. In this sense, COOL & HOT recommends the consumer and user to demand the courier company to provide proof of delivery once the courier has deposited the product in COOL & HOT offices, so that the consumer and user has proof that the product has been delivered correctly to COOL & HOT. COOL & HOT is not responsible for the address where the consumer and user sends the order for its return if it is different from those indicated. COOL & HOT may ask the consumer and user to send proof of delivery in order to confirm the delivery.
The costs of returning the order (such as, for example, shipping costs through courier companies) shall be borne directly by the consumer and user.
The product must be in perfect condition and with all its labels, packaging and, where appropriate, original documentation and accessories that came with it. If this is not done by the consumer and user or if the product has suffered any damage, the consumer and user accepts that the product may suffer a depreciation or that COOL & HOT may refuse the exercise of the right of withdrawal by the consumer and user.
Once COOL & HOT verifies that the order is in optimal conditions, COOL & HOT will proceed to refund the total amount paid by the consumer and user.
If the consumer and user decides to return the order in its entirety, COOL & HOT shall refund the consumer and user the full amount paid by the consumer and user (including the delivery costs related to the delivery of COOL & HOT to the consumer and user).
If the consumer and user only wishes to return one or some of the products that were part of the order, COOL & HOT will not be able to refund the shipping costs that the consumer and user has paid for the entire order.
COOL & HOT informs consumers and users that the time limit for the refund of the amounts paid will depend on the method of payment used by the consumer and user when purchasing the product:
The User has made the payment by credit/debit card, COOL & HOT will refund the amount paid within fourteen (14) calendar days after the consumer and user decided to terminate the contract.
The consumer and user has made the payment via PAYPAL, COOL & HOT will refund the amount paid within twenty-four (24)- forty-eight (48) working hours after the consumer and user decided to terminate the contract.
In any case, COOL & HOT shall refund the amounts paid as soon as possible and, in any case, within fourteen (14) calendar days from the date on which the consumer and user has informed of their decision to withdraw from the contract.
In the case of promotions applicable to the purchase of independent items that include the addition of an extra product, including, but not limited to, promotions or any other that involves the delivery of an extra product free of charge or at a reduced price, if the consumer and user decides to apply their right of withdrawal on their purchase, this right shall apply to all products provided as part of the promotion.

8.- Product exchange policy

COOL & HOT does not accept the exchange of a product purchased by the consumer and user for another product offered on the Website.
In the event that the consumer and user wishes to exchange a product, he/she must exercise his/her right of withdrawal in accordance with clause 7.2 and subsequently purchase the new product he/she wishes.

9.- Use of the Website

You may not use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of intellectual property rights, trademarks, confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailings or any other type of "spam" and, in general, any kind of unnecessary nuisance or inconvenience.
The User undertakes to make lawful, diligent, honest and correct use of any information or content accessed either through the Website or third party websites accessed through links on the Website, and all of this under the principles of good faith and with respect at all times for current legislation and these Terms and Conditions.
Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may undermine or alter the Website itself, nor to introduce or disseminate computer viruses that may cause unauthorised alterations to the contents or systems comprising the Website.
COOL & HOT reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or breach any of the conditions that appear in this document.

10.- Intellectual and Industrial Property

The intellectual property rights of the website www.coolandhot.com, its source code, design, navigation structures and the different elements contained therein are owned by COOL & HOT, which has exclusive rights to exploit them in any form and in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European legislation.
COOL & HOT informs that it does not grant any express or implicit licence or authorisation whatsoever on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Website. The total or partial reproduction of the contents of the Website, not even by means of a hyperlink, is strictly prohibited without the express written consent of COOL & HOT. Unauthorised use of this content shall give rise to the legally established responsibilities.

11.- Hyperlinks

The hyperlinks contained in the website may lead to third party websites. COOL & HOT assumes no responsibility for the content, information or services that may appear on these sites, which shall be understood to be offered exclusively for information purposes by COOL & HOT, and which in no case imply any relationship, acceptance or endorsement between COOL & HOT and the persons or entities that own such content or the owners of the sites where they are located.

12.- Partial invalidity

In the event that any Clause of these Terms and Conditions is declared invalid, the remaining Clauses shall remain in full force and effect and shall be interpreted in the spirit of these Terms and Conditions.

13.- Modifications

The information appearing on this Website is current as of the date of its last update. COOL & HOT reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. The entry into force of the modifications to the Terms and Conditions shall take place from the moment of their publication on this Website.

14.- Personalisation of campaigns

The User is the subject of a random campaign, and therefore the delivery terms applicable to each order may vary at random. The User´s personal data will not be taken into account as a variable when determining the particular conditions of each order.

15.- Notifications

All communications between COOL & HOT and the User regarding the contracting of orders through the Website shall be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

16.- Language

COOL & HOT may translate these Terms and Conditions, its Privacy Policy, or any other operating rules, policies or procedures that may be published on the Website. The Spanish version shall prevail in case of conflict.

17.- Ethical policy on suppliers

As a reputable and reliable company, committed to providing high quality products to its customers, COOL & HOT recognises its obligation to ensure that suppliers act ethically. We expect our suppliers to regularly provide an environment that protects the health and safety of employees and their basic human rights. All suppliers shall comply with their national employment laws and regulations, in particular with respect to the following: Minimum age for employment Freely chosen employment Health and safety Freedom of association and the right to collective bargaining Freedom from discrimination Freedom from harsh or inhumane treatment Hours of work Wages Working conditions
COOL & HOT will never knowingly procure supplies from countries that do not comply with the above principles. We also expect our suppliers to translate these principles into their dealings with their own suppliers. Due to the sometimes complex nature of our suppliers´ supply chain, it is not always possible to monitor and control the conditions of every individual involved in the production of our products. However, as COOL & HOT continues to grow, it recognises the importance of being proactive and doing everything possible to uphold the rights of those involved in the manufacture of its products.

18. Applicable law and jurisdiction

These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.
Likewise, by virtue of the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, COOL & HOT informs you that, in the event of a dispute, the User resident of the European Union may use the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by COOL & HOT.
To access the "Online Platform for Dispute Resolution" you can do so through the following link: http://ec.europa.eu/consumers/odr/
In any case, COOL & HOT informs the User that there are Complaint forms available through which he/she can make any complaint or claim in relation to the services provided by COOL & HOT.


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