Conditions of Use & Sale
LEGAL NOTICE/ GENERAL TERMS AND CONDITIONS OF SALE (to be read before purchasing)
This site is operated byCold Sense. Any mention "Cold Sense" will also refer to Cold Sense Official.
Introduction: To order a product
This is done in three steps:
1. Choose the color of your desired item (Ex: Standard)
2. Then click on "add to cart".
3. Finally, indicate the desired quantity. Proceed then to the payment
Free delivery in Australia, United States, UK, EAU, France, Israel, Canada. For DOM-TOM/Africa and some other countries we reserve the right not to ship on certain products, due to the cost of transport.
Shipping countries are generally mentioned on the product description sheet. In case of doubt, please inform you by email at email@example.com to know the available countries by product. The countries not mentioned on the product description sheet may, in case of order to these countries, be subject to a refund notified by Cold Sense.
Except exception noted on the product description, no delivery in Africa.
SIRET number 839 214 863 00012
This site is operated by Cold Sense. Throughout the site, the terms "we", "us" and "our" refer to Cold Sense. Cold Sense offers this site, including all information, tools and services available on this site for you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The entire content of each product listing is subject to copyright, any copy of any paragraph of a product listing is illegal and may result in legal action.
We are not responsible for any possible accident related to our products put online, but contact the supplier of the product put online by Cold Sense.
SECTION 1 - ONLINE STORE CONDITIONS
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms or viruses or code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Content (excluding credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the site through which the Service is provided, without express written permission from us.
The headings used in this agreement are included solely for convenience and will not limit or affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the content of this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - SERVICE CHANGES AND PRICING
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The delivery time depends on the carrier and the type of product and is expected to be between 7 and 49 days. In case of delay, please contact Cold Sense to find an amicable solution.
Similarly, any customs fees are the responsibility of the customer.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online via the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, resellers or distributors.
The customer is solely responsible for the delivery address completed in the form field at checkout. In case of error, the customer will not be reimbursed unless the package was lost or the delivery address is not the one registered at checkout and proven by an official document.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and have no control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any approval. We disclaim all liability arising out of or in connection with your use of optional third-party tools.
Any use by you of the optional tools offered on the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions on which the tools are provided by the applicable third party vendor(s).
Since the user manual of a product sold may be in English due to the choice of the supplier, free online customer service is provided in order to best direct the buyer on the proper use of the product.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant or assume any responsibility for any third party materials or websites, or for any other third party materials, products or services.
We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content or any other transaction conducted in connection with third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use the Comments you send to us in any medium. We are and shall have no obligation (1) to keep any Comments confidential; (2) to pay compensation for Comments; or (3) to respond to any Comments.
We may, but have no obligation to monitor, edit or remove Content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments do not violate any right of any third party, including copyright, trademark, privacy, publicity, personality or other personal or proprietary rights. You further agree that your Comments will not contain any defamatory or unlawful, abusive or obscene material, or contain computer viruses or other malicious software that may affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel orders if information on the Service or any related website is inaccurate at any time without notice (including after you place your order).
We assume no obligation to update, modify or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No update or refresh date specified in the Service or any related web site shall be taken to indicate that all information in the Service or any related web site has been changed or updated.
SECTION 12 - PROHIBITED USES
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
The civil or criminal liability of the product, in particular in the event of lack of conformity or latent defect, rests exclusively with the supplier of the product. In such a situation, Cold Sense, which is only a resale platform, undertakes to transmit as soon as possible the internet link to the supplier's contact information, the order number, the tracking number, and if known the address of the supplier.
Cold Sense is irresponsible in case of holes in the package ordered by the customer, who will have to turn against the delivery service, which is solely responsible for any damage that occurred during shipment of the order.
Cold Sense has an obligation of result towards its customers, stopping at the shipment of the package, proven by the tracking data. The obligation of means related to delivery incumbent on the local carrier.
You agree that from time to time we may discontinue the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Cold Sense, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, consequential or indirect damages of any kind, including, without limitation, loss of revenue, loss of data, replacement costs or any other similar damages, whether in contract, tort (including negligence), strictly liable or otherwise for your use of the service or products purchased using the service, or for any other claim relating in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or otherwise made available via the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
If, in our sole discretion, you fail or we suspect that you have failed to do so, you may terminate this Agreement at any time without notice to us and you will remain liable for all amounts due. up to and including the date of termination; and/or, as a result, you refuse access to our Services (or any part thereof).
SECTION 17 - THE ENTIRE AGREEMENT
SECTION 18 - APPLICABLE LAW
SECTION 19 - MODIFICATION OF THE TERMS OF SERVICE
SECTION 20 - CONTACT INFORMATION
SECTION 21 - RGPD Commitments
Side saves only the data that allows the sale. The user has the right to modify and delete his saved personal data, as well as to request a copy. Cold Sense does not keep these data until they are no longer useful. Here is the complete list of saved data: Name First name Address / Postal code Date of birth Gender Phone number Email address(es) IP address when registering. Access to the RNA endpoint of the user's phone (for sending push notifications).
By using our website, you (the visitor) agree to allow third parties to process your IP address to determine your location for currency conversion purposes. You also agree to allow this currency to be stored in a session cookie in your browser (a temporary cookie that will be automatically deleted when you close your browser). We do this so that the selected currency remains selected and consistent while browsing our website so that prices can be converted to the local (visitor's) currency.