TERMS AND CONDITIONS OF USE OF THIS WEBSITE

 

GENERAL NOTICE

The information including Terms published on this website (the “Site”) relates to COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES. The information, including but not limited to product \ unit descriptions and product label and packaging, is not intended as a substitute for advice from your physician, physical therapist, or any other healthcare professional. You should not use the information on this Site or annotated on any product \ unit for diagnosis or treatment of any health problem or for prescription of any therapy or any other form of treatment.

 

YOUR ACCOUNT

If you are under 18 years of age, you cannot purchase a product or sign up to be a member of our Site. You must use the Site only with the approval and active involvement of a parent or guardian, who must purchase a product or become a member of our Site on your behalf.

 

You are responsible for maintaining the confidentiality of information that could be used to access your membership account, such as username and password. You agree to accept all responsibility for all activities performed using your username and password. Additionally, you are solely responsible for restricting access to your computer and ensuring that a public computer is not used to access your account.

 

RISK OF LOSS

All items purchased through this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier \ shipping agent.

 

DISCLAIMER

THIS SITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COOLSHIRT SYSTEMS AND SAH COOLSHIRT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS IN WHICH COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES OPERATE OR HAVE A PRESENCE.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY IF YOU ARE NOT SATISFIED WITH ANY PRODUCT MADE AVAILABLE THROUGH THIS SITE IS TO RETURN THE PRODUCT TO US IN ACCORDANCE WITH OUR RETURNS POLICY.

 

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COOLSHIRT SYSTEMS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COOLSHIRT SYSYEMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE TOTAL VALUE OF PRODUCTS PURCHASED FROM OU SITE.

 

LINKS TO WEB SITES OPERATED BY THIRD PARTIES

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you agree and acknowledge that you do so at your own risk.

 

INTERPRETATION

As used in these Terms of Use of our website (the “Terms”), the term ‘including’, means ‘including but not limited to’.

 

WAIVER

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

 

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

 

OVERNING LAW, JURISDICTION AND VENUE

SAH COOLSHIRT principal place of business is in the Kingdom of Bahrain, and this Site is hosted on a web server located outside of the Kingdom of Bahrain. These Terms shall be governed under the laws of the Kingdom of Bahrain without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms shall be conducted exclusively in the courts of law of the Kingdom of Bahrain. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

 

ENTIRE AGREEMENT

These Terms contain the entire understanding and agreement between your and COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES, with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES, with respect to this Site.

 

 

WARRANTY AND RETURN POLICY

 

WARRANTY POLICY DETAILS

COOLSHIRT SYSTEMS and SAH COOLSHIRT warrant the products that we manufacture, and sell are free of defects in materials and workmanship under ordinary consumer use for twelve (12) months from the date of activation (the “Warranty”). During this Warranty period, if a defect arises in the unit, and you follow the instructions for returning the unit, we will, at our option, to the extent permitted by law, either (i) repair the unit using either new or refurbished parts, (ii) replace the unit with a new or refurbished unit that is equivalent to the unit that is to be replaced, or (iii) refund to you all or part of the purchase price of the unit This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement unit for the remainder of the original Warranty. All replaced parts and units for which a refund is given, shall become our property. This limited warranty applies only to hardware components of the unit that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.

 

Using the contact information provided in this guide, you will need to deliver your unit in either its original packaging or in equally protective packaging to the address specified by Customer Service.

 

TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND \ OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THIS ‘LIMITATIONS’ SECTION DOES NOT APPLY TO CUSTOMERS IN THE UNITED KINGDOM AND THE EUROPEAN UNION.

 

RETURN POLICY DETAILS

All products manufactured and sold by COOLSHIRT SYSTEMS, SAH COOLSHIRT, AND ALL AFFILIATES, SUBSIDIARIES AND ASSOCIATES have a thirty (30) day return policy.

 

ALL RETURNS MUST HAVE AN RMA TO RECEIVE CREDIT

To receive a return merchandise authorization (“RMA”) from your local dealer, you must provide an invoice number, or other identifying information so as to locate the original order.

 

RMA’s are valid for fourteen (14) days so all products must be received within fourteen (14) days of the issuance of the RMA for possible credit. The RMA number must be listed on the shipping label of the returned package or the receipt of return shipment will be refused, and no credit will be issued.

 

WARRANTY TERMS

The warranty policies are for warranty service only and the customer will be responsible for any costs associated with non-warranty conditions.

 

  1. The warranty is valid only when the warranty card is properly completed electronically or mailed to COOLSHIRT SYSTEMS. Presentation of the proof of purchase consisting of original invoice or sales slip indicating the date of purchase, dealer’s name, stock keeping unit (“SKU”) number and serial number of the product, will be also be required. COOLSHIRT SYSTEMS reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product from the dealer.

 

  1. COOLSHIRT’s obligations are limited to repair of the defect or replacement of the defective part or at its discretion replacement of the product itself.

 

  1. Warranty repairs must be carried out by COOLSHIRT SYSTEMS. Warranty cover will be void, even if a repair has been attempted by any unauthorized service center or individual. COOLSHIRT shall not be liable for reimbursements, claims and damages that may result from the unauthorized repair of the product.

 

  1. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full-filled with functionally equivalent service exchange units.

 

  1. The warranty is not applicable to cases other than defects in material, design and workmanship.

 

  1. The warranty does not affect the consumers’ statutory rights nor the consumers‘ rights against the dealer related to their purchase \ sales agreement.

 

  1. The warranty is not transferable.

 

  1. The warranty is limited to the first purchaser of the product only and the warranty is not transferable.

 

  1. COOLSHIRT SYSTEMS reserves the right to retain any parts or components replaced at its discretion in the event of a defect noticed in the equipment during the warranty period.

 

  1. In the event of repairs \ replacement of any parts of the unit, this warranty will thereafter continue and remain in force for the unexpired period of the warranty.

 

COOLSHIRT SYSTEMS reserves the right to make final decisions regarding fault \ problem determination and the appropriate applicable service option. Where products are exchanged, the replacement unit shall inherit the remaining warranty of the original product.

 

 

WARRANTY EXCLUSIONS

Periodic checks, maintenance, repair and replacement of parts due to normal wear and tear. Abuse or misuse, including but not solely limited to the failure to use this product for its normal purposes or in accordance with COOLSHIRT SYSTEMS instructions on usage and maintenance:

 

  1. Defects resulting from usage of the product in conjunction with accessories that are not approved by COOLSHIRT SYSTEMS for use with this product.
  2. Failure of the product arising from incorrect installation or use not consistent with the instructions and technical or safety standards prescribed in the product user manual.
  3. Unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this COOLSHIRT SYSTEMS product was not originally designed.

 

CASES UNDER WHICH THE WARRANTY IS NOT APPLICABLE

  1. The purchaser does not complete the COOLSHIRT SYSTEMS warranty registration process for the products purchased.
  2. The product is not purchased from an authorized COOLSHIRT SYSTEMS dealer.
  3. The product is not used according to instructions given in the instruction manual.
  4. Defects caused by improper use as determined by the company personnel.
  5. Modification or alteration of any nature is made in the electrical circuitry \ or physical construction of the system.
  6. Installation \ repair work is carried out by persons \ agency other than authorized by the company.
  7. The original serial number is removed, obliterated or altered from the purchased product.