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TERMS AND CONDITIONS FOR USE OF THIS SITE & TERMS OF SALE
By accessing, using, or viewing the Cool Tools Website (the "Site") or any of its services, contents or functions, You agree to each of the following terms, conditions and notices which govern Your use of the Site and Your purchase of products and services on the Site.
use of the site
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Cool Tools has been obtained. You agree that You will not use any robot, spider, other automatic or manual device or process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from Cool Tools. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Cool Tools or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Cool Tools or cause Cool Tools to lose (in whole or in part) the services of our suppliers.
products and services
Cool Tools and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
privacy policy
You acknowledge and agree that You have read and consent to the terms of the Cool Tools Privacy Policy, which is incorporated by reference herein.
proprietary rights
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Cool Tools and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Cool Tools and other parties is granted to or conferred upon You. Reproduction and/or storage of materials obtained from this Site are subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, displayed, posted, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Cool Tools trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other hidden text utilizing our name, trademarks or other proprietary information.
user feedback
You agree that all ideas, comments, suggestions or other information that You provide to Cool Tools regarding the Site or products and services provided on the Site (the Feedback) shall be Cool Tools' property, and may be used by Cool Tools on a non-confidential and unrestricted basis, without compensation to You.
monitoring
You agree that Cool Tools has no obligation to, but may monitor and review information You transmit over the Site. You agree that Cool Tools may censor, edit, remove or prohibit the transmission or receipt of any information that Cool Tools deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of Cool Tools. You agree that Cool Tools may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
advertising disclosure, accuracy
Product descriptions posted on our product pages are the representations made by our suppliers and/or our review of the product. The Site may contain technical inaccuracies or typographical errors or omissions. Cool Tools is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Cool Tools reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
mis-communications
Cool Tools and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Cool Tools and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
warranties
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND. COOL TOOLS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
 *If your product is covered by a manufactures warranty, your return or repair must be handled directly through the manufacturer. If you do not have the manufacturers information, we will provide this information immediately upon request.
limitation of liability
YOU AGREE THAT IN NO EVENT SHALL COOL TOOLS, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY COOL TOOLS OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
indemnification
You agree to indemnify and hold Cool Tools and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. Cool Tools' failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
governing law
Any disputes arising out of or related to the Site or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin.
modification of terms
Cool Tools may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.
return policy
We accept most items back for a store credit. To initiate a return or exchange, email our customer service department and we'll provide you with a return merchandise authorization (RMA) number for your return. No returns are accepted or credited for unless accompanied by an RMA number. RMA's are available for 30 days after your invoice date. RMA's are not available after 30 days. Some items are non-returnable: PMC and Art Clay Silver products, BRONZclay or COPPRclay products, anything sold by the foot (including wire, bezel wire), opened or used items, kilns, torches, Flex Shaft Machines, books, DVD's, special orders and sale items are all non-returnable. For items shipped using our Free Shipping offer, a 25% restock fee or the cost of shipping for items shipped free will be applied. Shipping charges are not refundable. No cash refunds. Store credits expire 1 year from date of issue.
Making a return costs everyone, so we'd like to offer some advice to help you avoid having to make returns. Most returns we receive are made because the customer did not notice that a mistake was made in an item or a quantity. Avoiding mistakes in ordering is as easy as double checking your cart contents before you check out. Each time you add an item to the cart, the contents of the cart will be displayed. This is your opportunity to review the item you just added and make sure its right before going on. Customers sometimes click the wrong checkbox for an item and end up with the one above or below what they wanted. Check the quantity box on each item and make sure the quantities are right. If you use the back button after adding to your cart, you'll be returned to the page with your items still checked. If you then add more items from that category, you'll get the new ones and the ones that were previously checked. Try using the Continue Shopping button instead of the back button to get a fresh screen each time.
If something arrives with concealed damaged, is missing or wrong, we need to hear about it right away. We need to be notified within 3 days of receipt of your order if there is something wrong or missing. Email or call us and we'll snap into action to fix the problem. However, if you don't contact us within 3 days, we will not replace, repair, exchange, refund or credit for any item received damaged, broken, incorrect or missing, without exception. Open your package right away and check it carefully. Avoid placing orders that will arrive when you are not available to check the order. If your shipment arrives with obvious damage or empty container, you must refuse the shipment. Acceptance of the shipment voids all claims.
payment methods
We currently accept Visa, Mastercard, Discover Card, Paypal, eChecks and Cool Tools Gift Certificates for online orders. Payment can be made by check or money order by selecting your option at checkout. A payment address will be displayed. Do not send cash as payment. Make all checks and Money Orders payable to: Cool Tools. Mail checks to:
Cool Tools Order Dept
162 W Main St Suite M
Whitewater WI 53190
If your payment is returned unpaid by your financial institution, you will be assessed a fee of $20 or the maximum amount allowed by state law. You further authorize the collection of your payment and a returned item fee to be withdrawn from your account via EFT or draft.
For international payment methods, see international policies below.
IMPORTANT INFORMATION FOR PAYPAL PAYMENTS!
If you check out using Paypal, you will still receive a receipt from Cool Tools. A receipt from us does not mean the order was successfully completed. Only when you receive a payment receipt directly from Paypal is your payment completed. If you do not receive a receipt from Paypal showing your payment was completed, the order is unpaid and it will not ship until payment is completed successfully. When we find an order that shows Paypal as the payment method and the payment is not compete, we send a request for payment through Paypal. It is the responsibility of the customer to make sure their payments are complete. We are not responsible for technical difficulties through Paypal. The best way to be certain that the order is successfully competed is to go to your Paypal account and check. You can also go to your Cool Tools account and look at the current order to verify the balance. If you need your order by a certain date, please make sure that you take the time to see the whole order through. We will not be held liable for orders that are not shipped due to incompleted payments. ÂÂ
stock status
Due to the nature of shopping carts, sometimes items on our website will appear available although they are actually out of stock. If this occurs, we will apply a store credit to your Cool Tools account, which can then be used to purchase the item once it is back in stock. We may also refund the funds if the amount is over $25.00, we do not expect the item in within 30 days, if it is an item with a floating market price or the product has become unavailable.
store credits
A store credit can be used toward anything in our store. Store credits expire 1 year from date of issue.
canceling + modifying orders
Please note: Because your order is processed as soon as possible, we are unable to make changes to your order once it has been received. If you need to cancel an order, you can do so as long as the order has not shipped. If an order has already been shipped, you will need to obtain an RMA and return the order. For items that you were unable to add or forgot to add to your order, you must place a new order. We cannot combine orders even if placed on the same day. If you have any questions or concerns about your order, please contact Customer Service at 888-478-5060, 9am-4pm CST or email us.
address corrections + undeliverable packages
If we receive a shipment back due to an incorrect address entered by you, you will be charged for the cost to re-ship the package. If there is a charge to us by the carrier to return the package to us, you will also be charged for the cost of the return. If you choose to cancel the order due to non-delivery due to an incorrect address entered by you, you agree that the charge for original shipping and return costs (if any) will be deducted from the refund amount. If a package is returned due to an error on our part, we will reship the package at no cost to you.
sales tax
We are required to collect sales tax for deliveries to the following states: WI. Application of sales tax may be subject to change.
price changes
Prices and availability are subject to change.
shipping information
tracking your order
It's important to provide us with an accurate email address when placing your order so we can send you your tracking number for your shipment. The moment you check out, an email confirmation of your order is sent to you. If you do not receive a confirmation, there may be something wrong with the email address you entered or the email may have been deposited in a spam box, or the order may not have been completed. Call us at 888-478-5060 x 1 if you believe you successfully placed an order but did not receive a receipt via email.
When your order is shipped, an email with your tracking number is automatically generated and sent to you (if your package is shipped using a trackable method). The email contains a link to track your package. This is the easiest, fastest way to track your order. There is also a link on your account available by logging in. After logging in, you will be shown a welcome screen with various account maintenance links. Click on the link to check on your orders. You'll be able to find status on the order there. Be advised that shipped orders are usually updated the day after shipping, therefore the shipping information may not be up to date for several hours after we've shipped. Should your package be lost during transit, we will gladly assist you
in recovering your goods by initiating a trace from our end, however we
will not replace lost packages at our expense. Insurance is recommended
on all packages. Please indicate in the
notes during checkout that you would like insurance included in your
shipment.
Free shipping
Free shipping is only available at time of checkout. If you mistakenly select another method, we will not refund or change the shipping method. We use the least expensive method for free shipping. Delivery of ground packages is usually within 7 business days of shipment. You must provide a street address if you select free shipping. Orders that provide only a PO box address may be delayed if the shipment requires UPS shipping. Books and media may be shipped by USPS Media Mail which can take up to 3 weeks for delivery. If you require a specific carrier, choose that option from the list of shipping choices. You will not receive a choice on carriers if you select free shipping, even if you note a choice in the comments box. Free shipping methods are selected by our shipping manager at the time of shipment based on the least expensive method. Insurance is not included in orders shipped free. We highly recommend requesting insurance to avoid loss should the package become mis-directed or lost.
expedited shipping
Overnight shipping is available on web orders placed before 12 noon, CST, Monday through Friday. (Overnight orders placed on a weekend will be shipped after entry on Monday.) We can ship USPS Express or UPS Overnight. Both of these services will require a signature. UPS does not deliver on Saturdays. 2nd and 3rd day shipping is also available, and must be placed before 1pm to ship the same day. Keep in mind that UPS 2nd day will arrive 2 days AFTER the order is shipped and 3 day is 3 days AFTER the order is shipped. Please do not assume we can get a package out if it's after 1pm. We do not guarantee same day shipping on orders arriving after 1pm. Please contact our shipping department directly (262-472-9161) to find out if your package can be shipped the same day if it's is after 1pm central time. International orders with expedited shipping must receive a shipping quote prior to shipping, so should be placed early to allow time to calculate shipping rates.
additional state shipping charges
Residents of Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands will be contacted if a shipping surcharge applies. Items such as kilns and heavy packages may require a shipping surcharge.
international orders
International orders are shipped via USPS Express International, Priority International or USP Expedited. We currently offer only these methods for shipping international orders. Shipping charges are estimated when you go to the checkout. If the quotation is not adequate to dispatch the package, we will contact you with an accurate quote by way of a Paypal invoice. Orders may be adjusted to cover the total shipping costs if a request for shipping is not responded to. We can oftentimes fit many items into a flat rate international priority shipment and save. International packages are trackable only when shipped via USPS International Express or UPS and are fully insured. Packages shipped via an untraceable method (Priority International) and is at the buyers risk and indemnity varies from country to country and is calculated by weight. Ownership of the goods passes to the customer upon shipment. Should your package be lost during transit, we will gladly assist you in recovering your goods by initiating a trace from our end, however we will not replace lost packages at our expense. Insurance is recommended on all non-traceable international packages. Please indicate in the notes during checkout that you would like insurance included in your shipment. To place a phone order or to inquire about international ordering, please call 323-386-2323.
We accept credit/debit cards drawn on United States based banks only, even if the system takes your order at the time of checkout. Your credit card can be used through Paypal to complete the transaction. If you use a non-qualifying credit card at checkout, we will provide you with a shipping quote and invoice from Paypal to complete the order.
If you do not see your country listed, please contact us to inquire if your country can be added to our shipping locations. Customs and import duties are the responsibility of the customer. These charges vary and are charged when your package reaches its destination country. We recommend that customers contact their local customs office for details on how these charges are assessed and applied. Packages that are returned due to unpaid duties and customs or due to an incorrect address will be charged an additional shipping/return fee.
p.o. boxes
Cool Tools cannot ship UPS orders to P.O. boxes. You must provide a street address. Orders that are more economical to send by UPS will be held while we obtain a street address for delivery.
our privacy commitment
We are committed to respecting your privacy and recognizing your need for protection and management of personally identifiable information you share with us (the phrases 'personally identifiable information or personal information mean any information by which you can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy policy is to inform you what personally identifiable information or personal information we may collect from you when you visit our web site, how we use such information, and the choices you have regarding our use of, and your ability to review and correct, the information.
As part of our commitment to your privacy, Cool Tools supports and adheres to the guidelines and practices adopted by the Direct Marketing Association's Privacy Promise to American Consumers. We agreed to (1) provide customers with notice of their ability to opt out of information rental, sale exchange with other marketers: (2) honor customer requests not to share their information with other marketers and (3) honor customers' request not to receive mail, telephone or other solicitations from Cool Tools.
what information is collected?
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. For each visitor to our web page, our web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible). We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
There may be times (such as when you purchase or order a product, subscribe to service, or promotions etc) at which we ask you to provide certain information about yourself such as your name, shipping/billing address, telephone number, email address, credit card information, etc. We also maintain a record of your online product purchases. Whether or not to provide such information is completely your own choice. But if you choose not to provide this information we request, you may be unable to purchase products, or access certain services, offers and content on our website.
using information about you
Your e-mail information is not shared with other organizations for commercial purposes. We do not partner with or have special relationships with any ad server companies. We use the personally identifiable information you provide for internal purposes only, such as confirming and tracking your order, subscription or registration, analyzing tends and statistics, informing you of our new products, services and offers, and providing you with information from and about Cool Tools products.
If you click the box to add your name to our mailing list when you check out, you will receive periodic emails from us with information on new products or notices. If you do not wish to receive such mailings, please let us know by emailing customer service.
We never give, sell, rent or share your data with anyone for any reason.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our service providers to confirm that their privacy practices are consistent with ours.
cookies
Our website uses 'cookies'. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to record session information, such as items that consumers add to their shopping cart. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Without cookies, items will not be held in your shopping cart after you leave the site. If you allow cookies, you can hold items in your shopping cart for 30 days.
security
We use strong, industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. We do not keep or store credit card information online or at our physical location.
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk.
policy changes
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our web site periodically.
updated August, 2009
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