Terms & Conditions of CoolGlow.com

This agreement (referred to herein as “Agreement”) is made between COOL GLOW (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.

This Website may contain typographical errors. User will hold harmless Cool Glow for any typos or any damages or injuries caused by said typos.

Product Terms

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 [email protected].This e-mail address is being protected from spam bots, you need JavaScript enabled to view it 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.

Many Products on the Website are available in various colors (e.g. necklaces, bracelets, glow sticks, etc.). If User places an order for an assortment of colors for a certain product, Cool Glow may, at its sole discretion, ship said assortment either: 1) in the form of multiple packages (that is, User may receive single packets of colors for said product, which User can mix to make an assortment), or 2) within one package containing multiple / assorted colors for said product.

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.

Some Products, namely the glow products that illuminate when chemically activated, contain liquid chemicals that can be hazardous to children under the age of three (3) years old. These chemicals should not be ingested, sniffed, swallowed, or applied to the body in any way, whether topically to the skin or through an orifice. Allergic reactions to these liquid chemicals or to the Glow Paints can occur. Also, all Products contain plastic and glass components, which can puncture, scratch or wound the users if handled outside the scope of the intended use.

Do not expose Products to high temperatures, and do not apply unreasonably high pressure to the Products. All Products should be handled with care, and all packaging should be opened with caution.

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.

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.

Payment

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. Net Customers are welcome to use a credit card for payment with a 3% credit card fee.

We can ship orders COD (additional charges may apply), and we may accept credit terms or Net 30 credit accounts at our sole discretion. Cool Glow will only begin to process a purchase order after the written purchase order is received (via fax, e-mail, or mail) and approved by a Cool Glow manager. In the event payment is not received within thirty (30) days of a purchase order shipment, Cool Glow shall charge interest on the outstanding balance at the annual rate of eighteen percent (18%) annually or the maximum rate allowed by law, whichever is greater. Cool Glow is entitled to commence collection proceedings against the User pertaining to any outstanding payment amount after thirty days of nonpayment.

Customers in certain states, where sales tax is required to be charged or may be required to be charged in the future, will be charged their prevailing sales tax rate.  Pricing offered in quotes may change at any given time with or without notice.  If you are a tax exempt purchaser you MUST provide documentation within 1 business day of your order or you will be charged sales tax.

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 15% restocking fee will be deducted from your refund.

REFUND POLICY:

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. Only new unused product will be accepted for a return.  Any items return with signs of use will not be refunded.

Any authorized refund is subject to a 15% restocking fee, the original shipping charges, and return shipping charges. Returns will not be accepted past 30 days from order delivery. Returns that are authorized for in-store credit, will receive a credit that is non-expiring (minus shipping charges).

• Returns Procedure
  • Please contact customer support at 1.888.909.4569 to initiate the return process.
  • Once User’s return is authorized User will receive an RMA (Return Merchandise Authorization) via email or fax.
    • Cool Glow customer support will create the RMA number.
  • The RMA number must be written on the package being returned, preferably near the shipment label. User must then drop the package at a nearby shipper (UPS, FedEx, USPS) facility.
    • Customer support can help identify location or schedule merchandise pick-up as requested by User.
  • Upon arrival, Cool Glow will process the return within 14 business days.
    • The authorized refund or store credit will be processed within these 14 business days, minus the agreed upon restocking fees.
  • If User wishes to exchange merchandise the same steps for return must be followed.
    • The new shipment for exchanged merchandise will be shipped within 14 business days.
    • User will be responsible for shipping charges.
• Returns Window
  • After successful delivery of merchandise, User has 30 days to receive return authorization and ship the order back to Cool Glow.
  • Returns will not be accepted past 30 days from delivery.
• Refund Method
  • Once a return has been approved and returned, User will:
    • Receive a refund on the credit / debit card used on original order;
    • OR receive a non-expiring store credit for future purchases;
    • OR receive an exchange / replacement shipment.
  • The refund method will be agreed upon between Cool Glow and User during return authorization.
  • All refunds / credits / exchanges will be processed within 14 business days of receiving merchandise back at Cool Glow.
• Restocking / Processing Fees
  • Any authorized refund is subject to a 15% restocking fee, the original shipping charges, and return shipping charges.
    • Since Cool Glow allows for authorized returns, the restocking fee helps to cover original packaging and labor costs.
  • Restocking fees will apply when User requests for a return because User is dissatisfied with merchandise, or no longer needs the merchandise.
  • Restocking fees may not apply if User receives damaged or defective products.
• Return Shipping Costs
  • The return shipping costs are determined when User files a claim for return.
    • Responsibility of shipping costs is dependent on reason for User’s return.

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.

LOST CARTONS:
UPS, FedEx, and USPS all require prompt notification of shipments not received within 14 calendar days after the date of shipment. Should the order not be received, Users must notify Cool Glow within 14 calendar days of order shipment. UPS, FedEx, and USPS will dimiss all lost shipment claims without the prompt notification of a non-delivery shipment.

DAMAGED MERCHANDISE CLAIMS:
Most damage to products is due to the improper handling of shipment companies. Cool Glow is not responsible for breakage, damage, or loss of products while the shipment is in transit. Damage claims must be reported within 5 calendar days of the order receipt. Customers must call Cool Glow within those 5 calendar days, and we will initiate a claim with the shipping company on User’s behalf. The original cartons received must be kept for inspection by the shipping company. Claims of damaged inflatables will not be approved due to the nature of the product.

REFUSED or UNDELIVERABLE SHIPMENTS:
A 15% restocking fee, plus the original shipping charges and return shipping charges, will be administered for shipments that are refused or considered undeliverable by UPS, FedEx, or USPS. IMPRINTED GOODS: Cool Glow offers a large variety of custom imprinted product, including banners, invitations, glow products, and LED. All customization and proof approval must be finalized by the customer. It is the customer’s responsibility to affirm the details of all imprinted products, e.g., font color, spelling, grammar, and word order. Cool Glow does not accept responsibility for any faults or inaccuracies made by the customer. Cool Glow will not issue credit or refunds for returns of any custom or imprinted items.

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.

If you would like to request a change in the quantity ordered at no additional cost, it can be done prior to the artwork approval process (for customized goods. Once production begins, additional charges may apply to any changes requested. If quantity is changed, shipping charges and production times may increase.

Shipping

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 will hold harmless Cool Glow for any damages or injury caused by delays in shipment due to incorrect or incomplete mailing addresses being provided by User. If User moves or desires to change the delivery location prior to the FedEx/UPS delivery, User is responsible for contacting FedEx/UPS directly to change the delivery address. If User does not timely contact FedEx/UPS, the shipment will be returned to Cool Glow, and User will have to pay additional shipping charges for re-shipment of the ordered Products. User may elect to purchase rushed or expedited shipping services for orders within the United States. Such rushed or expedited shipping services require additional charges.

Typical timelines are as follows:

• Orders with ground shipping will ship within 24 – 48 hours from the first business day following the day on which the order was placed.
• Rush production orders will ship in 12 or 24 hours after order is placed (based on User selection).
• If an order is placed prior to 2:00 PM central standard time or if rush production is selected, then the order will likely be processed within the same day as the day the order was placed.

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.

Though these are typical timelines, Cool Glow does not guarantee any delivery dates. All delivery dates provided by Cool Glow, whether within the U.S. or outside of the U.S., are estimates and in no event should User rely on these dates. Every attempt is made to quote freight costs accurately online. In the event shipping costs are not accurate you will be contacted immediately by one of our customer service reps and given the opportunity to review and approve the revised shipping rate.

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:

• Any coupon must be used at the time of checkout to be eligible for the discount.
• Coupon discounts may be emailed or provided to customers.
• **None of the above promotions can be applied if you are getting 24 or more tubes of glow necklaces; as you're receiving .14 cents, .17 cents or .20 cents necklaces; this is a promotion in itself

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.

If promotional deals or discounts are offered, a User is permitted to utilize only one promotion per order per User. Typically, if more than one promotional deal or discount is offered, User will have the election as to which promotional deal or discount User prefers to have applied to User’s order.

If more than one promotional deal or discount has been applied to User’s order, 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 additional promotional deal(s) or discount(s) that have been applied and to allow User to choose the one User prefers. If we are unable to speak directly with User via phone or if we do not receive a response to our e-mail within six (6) hours of sending, the most beneficial offer, as Cool Glow deems in its sole discretion, will remain on the order and all other promotional deal(s) or discount(s) will be removed.

Regarding Users who utilize Google Checkout, a software application that allows Users to purchase Products from the Website, User understands that any promotions offered by Google replace the promotional deals or discounts offered by Cool Glow. For example, if Google offers a ten dollar ($10.00) coupon promotion, which is applied automatically to a Google customer's order once they exceed $100.00, then Users who utilize Google Checkout to purchase Products will not be able to apply any promotional deals or discounts offered by Cool Glow (such as free balloons or bracelets). User should call Cool Glow if User prefers to remove the $10.00 Google discount from User’s order and add a different promotional deal or discount offered by Cool Glow.

If an item that is part of a promotional deal or discount offered by Cool Glow is out-of-stock, Cool Glow will replace the out-of-stock promotional item with another promotional item. If any promotional item is missing from a User’s shipment, User must contact Cool Glow by phone within forty-eight (48) hours from the delivery of the User’s purchased Products if they would like to request that the missing promotional item be sent. Cool Glow will send the missing promotional item (if it appeared on original invoice) to the customer via FedEx/UPS ground shipment. Promotional items will not be sent via UPS/FedEx Express Saver, 2 day, or Overnight under any circumstances.

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).

Cool Glow also offers customized, wired displays per special customer request. As these displays and/or Products are especially developed for the customer, No Returns, Credits or Refunds will be issued. The customer has 24 hours to make claims for any defective, wired Products or shortages on Customized Displays. Cool Glow takes No Responsibility for electrical parts / Product shortages that may incur over time. There is No Guarantee on the life span of LED / electrical Products and Customized Displays; Cool Glow has no control on the condition in which these displays are maintained.

International Orders

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 Illinois 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 Illinois and agree that the law of Illinois 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 Lake County, Illinois. User, by accepting the goods purchased, consents to personal jurisdiction to the Federal District and State District Courts of the State of Illinois.

Severability

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.

Privacy Policy

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.

Cool Glow does not distribute or share User’s e-mail addresses, except as indicated herein, or as may be otherwise required by law.

Cool Glow uses User’s personal information that is collected for the purpose of setting up the Services for individuals and their organizations. Cool Glow may also use the information to contact Users to discuss their interest in Cool Glow, to discuss the Cool Glow Services and ways Cool Glow can improve upon these Services, and to send marketing announcements concerning promotions and events for Cool Glow or companies with which Cool Glow has any sort of strategic or marketing alliance. Cool Glow may also e-mail newsletters and updates about the Services or the company. You can opt out of receiving these communications by contacting us and requesting that you no longer receive these communications.

Any billing information that is collected through the Website is used solely to bill User. Cool Glow does not use this billing information for marketing or promotional purposes, except as otherwise stated herein.

Cool Glow uses a third-party intermediary to manage credit card processing. This intermediary is merely a link in the distribution chain for collecting and processing the credit card information; however, said third-party intermediary is not permitted or authorized by Cool Glow to otherwise store, retain, or use the information provided.

Concerning usernames and passwords for those Users who register for a Cool Glow online application, Cool Glow will view or access individual records only with User’s permission (for example, to resolve a problem or support issue). Users are responsible for maintaining the confidentiality of their user information, such as registration username and passwords.

Cool Glow may also collect certain non-identifiable or non-personal information from Users. This information is logged to help diagnose technical problems, to administer the Website and Services, and to assist in the improvement of the quality of Cool Glow’s Website and Services. We may also track and analyze non-identifiable and aggregate usage and volume statistical information from Users and provide such information to third parties.

We reserve the right and may share information with 3rd party advertising partners. 

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.

Cool Glow representatives will, as a courtesy, attempt to contact, either via phone with any phone number provided by User or via e-mail with any e-mail address provided by User, any User with Products on back-order once within ten (10) days of the new shipment’s arrival to notify User of said arrival of the Products. If we are unable to speak directly with User via phone or if we do not receive a response to our e-mail within six (6) hours of sending, we will charge User’s credit card, process the order and ship the back-ordered Products. Any User with Products on back-order should contact Cool Glow if said User would like to remove the order from the back-order log.

User shall hold Cool Glow harmless for any damages or injury caused by declined credit card charges with regard to back-ordered Products. If User’s credit card is declined, User will be contacted, and User shall remain responsible payment and must provide Cool Glow with an alternative form of payment.