Terms of service
TERMS OF SERVICE
Last updated: July 7, 2024
Throughout the Website, the terms “we,” “us,” and “our” refer to Artisan Arctics. By visiting the Website or purchasing any product we offer for sale on the Website (the “Product”), you agree to be bound by the following terms and conditions (the “Terms”):
1. WARNING REGARDING THE USE OF ELECTRIC EQUIPMENT
WHEN WATER COMES INTO CONTACT WITH ELECTRICITY, IT BECOMES EXTREMELY HAZARDOUS AND CAN CAUSE SHORT CIRCUITS, SHOCKS, ELECTROCUTION, AND EVEN FIRES. ELECTRIC APPLIANCES, EQUIPMENT, AND CORDS SHOULD BE KEPT AT LEAST SIX (6) FEET AWAY FROM ANY AMOUNT OF WATER. YOU AGREE (i) TO NOT USE ANY ELECTRIC EQUIPMENT THAT WE SELL TO YOU WITHIN SIX (6) FEET OF ANY WATER, (ii) TO NOT USE THE ELECTRIC EQUIPMENT IN AN AREA THAT MAY CAUSE THE ELECTRIC EQUIPMENT TO GET WET, SUCH AS AN OUTDOOR SPACE WITH NO OVERHANG THAT PREVENTS THE ELECTRIC EQUIPMENT FROM GETTING WET FROM RAIN, AND (iii) TO TAKE THE NECESSARY PRECAUTIONS TO MAKE SURE THAT WATER DOES NOT REACH THE ELECTRIC EQUIPMENT OR ANY ELECTRICITY-DELIVERING CORDS OR WIRES THAT SUPPLY ELECTRICITY TO THE ELECTRIC EQUIPMENT.
2. WARNING REGARDING THE USE OF ICE BATHS
YOU AGREE THAT YOUR UTILIZATION OF AN ICE BATH OR COLD PLUNGE INVOLVES RISKS OF BODILY INJURY AND THAT YOU FREELY ACCEPT THOSE RISKS BY USING OUR ICE BATH PRODUCTS. PLEASE CONSULT A MEDICAL PROFESSIONAL BEFORE BUYING OR USING OUR PRODUCTS TO MAKE SURE THAT YOU ARE HEALTHY ENOUGH TO UTILIZE OUR ICE BATHS.
3. Use of the Product
You agree to use the Product in accordance with any instructions and guidelines provided to you and in accordance with their intended use. You agree to not hold us or any of our officers, directors, members, contractors, employees, or affiliates responsible for any damages, injuries, or losses that result from any use of the Product that do not comply with the instructions or guidelines provided or from any improper use of the Product.
4. Right to Reject Orders
Other than for reasons prohibited by law, we reserve the right to refuse or reject any order for any of our products for any reason, including, but not limited to, a determination, in our sole judgment, that you have engaged in or are engaging in the practice of “dropshipping,” that you are placing any order in bad faith, or that selling a product to you may be against our business interests.
5. Order Cancellation
ALL SALES ARE FINAL. YOU CANNOT CANCEL YOUR ORDER AFTER IT HAS BEEN PLACED. HOWEVER, WE RESERVE THE RIGHT TO EXERCISE DISCRETION ON ALL CANCELLATION REQUESTS, INCLUDING THE CHARGING OF ANY RESTOCKING OR PROCESSING FEE BEFORE ANY REQUEST IS APPROVED, IF AT ALL.
6. Products and Pricing
We may at our sole discretion from time to time remove from or add to the lineup of products offered for sale on the Website. The prices shown on the Website for the products offered are subject to change at our sole discretion at any time without notice. By placing an order, you agree to pay the specified price for each of the ordered products along with any applicable taxes and shipping fees.
7. Payment Processing
We utilize a third-party processing company to process all payments for orders placed on our site. By placing an order, you agree to contact the processing company first regarding any issues regarding your payment and to not hold us accountable for any errors or damages related to the processing of your payment.
8. Shipping and Delivery
When you place an order and we process that order, we will provide you with an estimated delivery timeframe. We will make every reasonable effort to deliver the Product to you within that timeframe. However, we do not make any guarantees regarding the delivery date, and you agree to hold us harmless for any delays in delivery caused by third-party carriers or by factors not within our control, including, but not limited to, issues with a manufacturer or supplier. All orders will be shipped using the carrier of our choosing. It is your responsibility to provide accurate and complete shipping information to ensure proper delivery. You agree to hold us harmless for any loss or damage caused by any errors in the information needed to ship the Product to you. The risk of loss and title for physical items purchased from us passes to you upon our physical delivery of the item to the carrier. At checkout, you are opted into purchasing package protection through Route. By opting out of that protection, you agree that you will be responsible for any loss, theft, or damage to the Product during transit.
9. Returns and Refunds
We offer a 30-day return policy from the day of delivery. Additional shipping costs may apply. Once the return is received, a full refund will be issued.
10. Warranty
10.1 Standard Warranty
Our products come with a 1-year full warranty. If any issues arise within this period, we will issue a full replacement. The warranty covers defects in materials and workmanship under normal use.
10.2 Exclusions and Limitations
The warranty does not cover damages or defects resulting from misuse, improper maintenance, unauthorized modifications, or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
10.3 Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES DESCRIBED ABOVE, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR LIABILITY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT, AT OUR SOLE DISCRETION. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT.
11. Limitation of Liability
The Company’s liability is limited to the replacement of defective products as outlined in the Warranty section. The Company shall not be liable for any incidental or consequential damages arising from the use or inability to use the product.
12. Indemnification
You agree to indemnify, defend, and hold harmless us and any of our parent companies, subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, and employees from any claim or demand, including attorneys’ fees, made by any third party due to your negligence, breach of any of the Terms, or your violation of the law.
13. Intellectual Property
All rights to intellectual property related to the Website, its contents, or any of the products on the Website, including, but not limited to, patents, trademarks, logos, copyright, designs, and texts are our exclusive property. You may not use, reproduce, distribute, or modify any of our intellectual property without our prior written consent.
14. Arbitration of Disputes
a. Scope, governing rules. Any dispute, controversy, or claim arising out of or relating to the Terms, or the breach thereof, or our products between you and us shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).
b. Authority of tribunal, judicial review. The award rendered by the arbitrators shall be final, non-reviewable, non-appealable, and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located, to whose jurisdiction the parties consent for the purposes of enforcing the award. Judgment on the award shall be final and non-appealable.
c. Selection of tribunal. There shall be three arbitrators agreed to by the parties within thirty (30) days of receipt by respondent[s] of the request for arbitration or, in default of such agreement, by the AAA.
d. Consolidation, joinder. If more than one arbitration is commenced under this Agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrators selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before those arbitrators.
e. Seat of arbitration, language. The seat or place of arbitration shall be Phoenix, Arizona. The arbitration shall be conducted and the award shall be rendered in the English language.
f. Confidentiality. Except as may be required by law, neither a party nor the arbitrators may disclose the existence, content, or results of any contemplated or commenced arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
g. Remedies. The arbitrators will have no authority to award punitive damages or consequential damages.
15. Waiver of Class Actions
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.
16. Entire Agreement
The Terms and any policies or rules posted by us on the Website supersede any prior oral or written agreement, communication, and proposal between you and us, including, but not limited to, any prior versions of the Terms, and constitute the entire agreement and understanding between you and us regarding your visiting of the Website or the purchase and use of any of the products we offer for sale on the Website.
17. Waiver
The delay or failure by us to exercise or enforce any right under the Terms shall not be construed as a waiver of the right.
18. Governing Law
These Terms and any dispute between you and us are governed by and construed in accordance with the laws of the State of Arizona regardless of any conflict of laws principles. The venue for any dispute between you and us shall be Phoenix, Arizona.
19. Severability
In the event that any provision within the Terms is determined to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remainder of the Terms and shall remain in effect.
20. Modification
We reserve the right to change the Terms at our sole discretion from time to time with no duty to notify you of the changes. It is your responsibility to visit the Website to view the most up-to-date Terms.