Terms & Conditions of CoolGlow.com
This agreement (referred to herein as “Agreement”) is made between COOL GLOW LLC (sometimes referred to interchangeably on this Website and herein as “Cool Glow”, “we”, or “us”), a Texas limited liability company, and the user of this Website. The aforementioned “user of this Website” refers to any individual or entity viewing, browsing, or purchasing from this Website, and shall also refer to any individual or entity viewing, browsing, or purchasing from this Website in his, her, or its capacity as an agent, representative, or principle on behalf of some other individual or entity (sometimes referred to herein as “User” or “you”). User accepts and enters into the terms of this Agreement by any instance of use of this Website; that is, the User accepts and enters into this Agreement by viewing or browsing any portion of this Website or by purchasing from this Website..
The terms and conditions set forth herein apply to this Website, including the Home page with domain name www.CoolGlow.com and any web pages or sub-pages associated or affiliated therewith with any sub-domain names stemming from www.CoolGlow.com (all pages collectively referred to herein as the “Website”), and the products for sale on the Website as advertised (referred to herein as “Products”).
Content of Website
All content on the Website is owned by Cool Glow. With regard to Cool Glow’s copyrights pertaining to this Website and its content, Cool Glow grants to User a revocable license, the scope of which is limited to viewing the content of the Website for whatever length of time that User is viewing the Website. User is not permitted or authorized to copy, re-publish, modify, or distribute any content on the Website. Cool Glow reserves the right to change the content on this Website, including these terms and conditions and the roster of Products.
If you place an order for one or more Products from this Website and any of said Products is out-of-stock or otherwise unavailable, Cool Glow will, as a courtesy, attempt to contact User once, either via phone, with any phone number provided by User, or via e-mail, with any e-mail address provided by User, to notify User of the unavailability of such Product(s) and to allow User to change the order. If we are unable to speak directly with User via phone or if we do not receive a response to our e-mail, we will remove the out-of-stock products from your order and ship the remaining Products. Cool Glow is not responsible for any delays in shipment for Products that are out-of-stock at the time the order is placed. User may request changes that User would like to make to User’s order by calling Cool Glow at 1.888.909.4569 or by sending an e-mail to
Cool Glow will make reasonable efforts to change the order in line with User’s request, but does not guarantee that said changes will be made.
Cool Glow retains the exclusive right to refuse or cancel any orders for any reason it deems. In the event that Cool Glow has elected to refuse or cancel an order, Cool Glow will notify User of its election, and if User has already been charged for the purchase, Cool Glow will immediately issue a credit to User in the amount of the charge.
Limitation of Liability
The sole intended use for each of the Products is the viewing of the luminescent qualities of the Products for entertainment purposes. The intended use applies to the Products in the form that they are sent by Cool Glow. The Products should not be altered by User in any way, except as provided for in the directions provided with the Products.
By purchasing body paint products, you acknowledge and agree that the paint will only be used on persons ages 8 and up. Use all body paint products under adult supervision. Do not apply on broken or sensitive skin areas. A patch test is recommended: apply to inner elbow; if an allergic reaction occurs within 1 hour, do not use. Not for use in hair, around eyes, or around mouth. To remove, scrub skin with warm water and soap. Caution: paint dries on skin several minutes after application. During removal, some body hair may be removed.
By purchasing any novelty or theatrical contact lenses, you acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age, the purchase of any novelty or theatrical contact lenses must be made by your parent or legal guardian. You confirm that you do not wish to have a medical evaluation or test before purchasing the contact lenses. You understand that the FDA has determined that your best interest would be served if you had a medical evaluation by a licensed physician or eye care specialist before purchasing any contact lenses. You acknowledge and agree that the contact lenses are not intended for daily use and are for novelty and/or theatrical use only. Cool Glow cannot guarante that the contact lenses are suitable for your eyes. A small percentage of people have extremely dry and/or sensitive eyes, and are less suitable to wear contact lenses. It is your sole responsibility to check with an optometrist or licensed practicioner to verify whether or not your eyes are suitable for contact lenses. Neglecting to check if your eyes are suitable for contact lenses and/or to properly care for your contact lenses may result in unwanted side effects that Cool Glow will not be held responsible for. By purchasing any novelty or theatrical contact lenses, you hereby certify, acknowledge, and agree that you have a valid prescription for the contact lenses that you purchase. You further certify that you will renew your prescription in accordance with your eye care provider's instructions. Neither Cool Glow, its employees, agents, or representatives shall be held liable for any claim, loss, damage, or personal injury caused by the use of misuse of these contact lenses, whether to you or a third party.
As contact lenses need to be handled with professional care we cannot issue exchanges or refunds for lenses that have been removed from their original packaging. We are not responsible for damage to lenses that occurs after they have been worn or opened. Please check your contact lenses through the clear vials before opening and should you have any doubts to their condition then please return to the address below, for a refund or exchange. All sales of Novelty Contact Lenses are FINAL once opened; these items are non-returnable due to hygienic reasons.
Cool Glow does not manufacture products that are sold on the Website. Accordingly, Cool Glow shall not be liable to User, or to anyone who may claim any right due to its relationship with User, for any damages, whether injuries to User’s person or property or otherwise, caused by the Products. Moreover, Cool Glow shall not be liable to User, or to anyone who may claim any right due to its relationship with User, for any acts or omissions on the part of Cool Glow or the agents or employees of Cool Glow. Cool Glow expressly disclaims all implied warranties to User, and further disclaims any implied warranties of merchantability, implied warranties of fitness for a particular purpose, and implied warranties of good and workmanlike performance. User will hold Cool Glow free and harmless from any obligations, costs, claims, judgments, attorney's fees, or attachments arising from or growing out of the services rendered or Products sold to User, except when they arise from the willful misconduct of Cool Glow, and Cool Glow is adjudged to be guilty of willful misconduct by a court of competent jurisdiction.
COOL GLOW, ITS RESPECTIVE PARENTS, AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSEES OR AGENTS SHALL NOT BE HELD LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN ANY MANNER FROM THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, OR OTHER CAUSE OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cool Glow accepts Master Card, Visa, Discover, and American Express for payments made by credit card, and payments via checks drawn on U.S. banks. User will hold harmless Cool Glow for any damages or injury caused by delays in order processing or delivery due to declined credit cards, delays in check clearance, or delays in purchase order (PO) faxes. Cool Glow will only begin to process an order after the payment clears for that order.
In the event that your credit card is declined, we will send you an email with a link to update your credit card information. If you have selected any form of express shipping, your order will be cancelled if you do not update your credit card information within 1 day of receiving the email. If you have selected ground shipping, we will keep attempting to charge your card, once a day for 5 days. If all 5 attempts fail, your order will be cancelled. In the event that you opt to return any products on the order, Cool Glow will not be responsible for the return shipping charges and a 25% restocking fee will be deducted from your refund.
Cool Glow offers an optional warranty that is available for purchase (at an additional cost) with the purchase of any Products. Said warranty only provides User with an option to replace any Products that were damaged while in transit to User.
Products on the Cool Glow website may not always accurately portray product(s) color, style, material, packaging, or size. User must notify Cool Glow when requesting to return merchandise, and receive an RMA before returning goods. This will allow Cool Glow to efficiently locate the original order, and effectively process the returned merchandise upon arrival.
Costume(s) returns are only accepted if Cool Glow ships an incorrect Costume(s) or the User receives damaged/defective goods. All claims for Costume(s) MUST be made within 14 days from the time the User receives the goods. When authorized, User has 30 days from delivery to return costume(s). During the Halloween season, Costume(s) returns of any kind must be approved and received no later then October 21. Additionally, Glow Paint products cannot be returned once the packaging has been opened. All sales of Novelty Contact Lenses and Temporary Lip Tattoos are FINAL; these items are non-returnable due to hygienic reasons.
If User returns (pursuant to the terms herein) an item to which a discount or coupon was applied, User will only receive a refund in the amount of the discounted price.
DEFECTIVE MERCHANDISE: Defective Cool Glow products will be replaced and shipped only once the defective products have been inspected and AUTHORIZED by Cool Glow. Cool Glow, at its own discretion, will replace the defective products or issue a store credit or refund, only for the defective products. Store credit may be used for future purchases and will not expire. Popped, punctured, or lacerated balloons will not be replaced. Defective product claims must be made and returned within 30 calendar days of the customer’s date of receipt. Shipping charges for returns, including returns of defective products, are the customer’s responsibility.
PRODUCT SHORTAGES: Product shortage claims must be made within 5 business days of the customer’s date of receipt. Shortage claims that are validated by Cool Glow will be replaced. Replacements for shorted products will be shipped via UPS, FedEx, or USPS ground shipping, at Cool Glow’s discretion. Replacement products will not be shipped using air expedited shipping. Replacement orders will receive Cool Glow’s highest priority in regards to leaving the warehouse.
DAMAGED MERCHANDISE CLAIMS:
REFUSED or UNDELIVERABLE SHIPMENTS:
Cancellations, Product Issues, Changes
All requests for cancellations and changes must be submitted to Cool Glow and acknowledged in writing. Cancellations may be subject to partial or full charges. Any and all claims for (customized) misprints, poor quality imprints/decals, defective products, shortages, or color problems must be made within 14 days from receipt of goods. On rare occasions if you receive customized merchandise that is below our high standards of quality, we may offer a credit for those items or a replacement of those items. The resolution will be determined by Cool Glow as deemed appropriate. For replacement or credit eligibility we will require those goods to be available for return at our sole discretion.
User must provide Cool Glow with a physical mailing address for delivery of Products as Cool Glow will not ship Products to P.O. Box addresses. After Cool Glow deposits the Products with FedEx or UPS, Cool Glow will send an automated e-mail confirmation to User, at an e-mail address provided by User, with a tracking number.
User should note that when planning for product delivery on or around holidays, shipment delivery dates will likely be delayed, as FedEx/UPS locations may be closed to observe said holidays.
Promotions and Daily Deals
From time to time, Cool Glow will offer promotional deals and discounts as part of its marketing initiatives. Typically, the promotional deals and discounts are as follows:
Cool Glow’s promotional deals and discounts are offered simply as a marketing initiative, and Users are not entitled to such deals and discounts. If offered, the promotional deals and discounts may be any of the offers indicated above or some other promotional deal or discount as Cool Glow deems. During the checkout process, User will be able to select the promotional deal or discount User prefers to apply; however, if a promotional deal or discount is not selected during the checkout process by User, such promotional deal or discount cannot be applied once the order has been submitted.
Customized/Imprinted Goods and Services
Cool Glow offers a variety of imprintable items including, but not limited to: banners, invitations, light-up products, glow sticks and party supplies. All customized Products have a proof approval process, in which the customer checks all details (such as but not limited to: spelling, placement of printing, logo and font colors and grammar). Cool Glow accepts No Responsibility for any mistakes made by the customer. Returns, credits and refunds will not be issued for custom / imprinted / custom-designed item(s).
For orders shipping outside the United States, including but not limited to Canada, additional costs, such as local duties and/or taxes may apply. These additional costs are not charged or collected by Cool Glow. User must seek consultation from User’s local customs office to determine the nature and amount of the additional costs.
Choice of Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Texas without regard to choice of law and conflicts of law principles. Furthermore, User and Cool Glow acknowledge that any transactions envisioned by this Agreement bear a reasonable relation to the State of Texas and agree that the law of Texas will govern any transactions envisioned by this Agreement. Any disputes between User and Cool Glow concerning the subject matter covered by this Agreement shall be submitted for resolution to the courts of Dallas County, Texas. User, by accepting the goods purchased, consents to personal jurisdiction to the Federal District and State District Courts of the State of Texas.
In the event that any provision of this Agreement, or the application hereof to any individual or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under present or future laws effective during the effective term of any such provision, such invalid, illegal, or unenforceable provision shall be fully severable; and this Agreement shall then be construed and enforced as if such invalid, illegal, or unenforceable provision had not been contained in this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
Failure to Enforce Not Waiver by Cool Glow
Any failure or delay on the part of Cool Glow to exercise any remedy or right under this Agreement will not operate as a waiver. The failure of Cool Glow to require adherence to any of the terms, covenants, or provisions of this Agreement by User does not waive any of the rights of Cool Glow under this Agreement. No forbearance by Cool Glow to exercise any rights or privileges under this Agreement is intended as or should be construed as a waiver, but all rights and privileges of Cool Glow will continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived by Cool Glow except by the written consent of Cool Glow. Any written waiver by Cool Glow of any term of this Agreement is effective only in the specific instance and for the specific purpose given.
Cool Glow requires Users who register to use any of Cool Glow’s online applications or who purchase Products from the Website (the "Services") to give Cool Glow the User’s contact information. Depending on the Services chosen, Cool Glow prompts User to input certain contact information and account information, such as name, company name, address, phone number, email address, password, certain financial and billing information (such as billing name, address and credit card number) and the number of users in the organization who will be using the Services. In limited instances, Cool Glow may prompt User for additional personal information, such as title, department name, fax number or additional company information; however, this additional information is not mandatory for utilizing the Cool Glow Services, and User can opt out of providing such additional information by simply not entering it when prompted.
Back Order Policy
If any Products are not in stock and User orders any such Products, User may request that Cool Glow place User’s ordered Products on back-order until Cool Glow receives a new shipment. Arrival of new shipments for Products typically ranges from thirty (30) to ninety (90) days, but may arrive earlier than thirty days or take longer than ninety. User shall hold Cool Glow harmless for any delays in shipment concerning back-ordered Products. Any prospective delivery dates provided by Cool Glow are merely estimates. If User would like an update as to the status of the delivery or the order processing with regard to the back-ordered Products, or if User would like to update or cancel User’s order for back-ordered Products, User may call Cool Glow to seek such update or make such update or cancellation.