All sales made by The Icebox - Cool Stuff and swag.jamba.com, LLC ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by The Icebox in writing.
Unless otherwise noted, all content is copyright, trademark, trade dress or other intellectual property owned or licensed by The Icebox or its licensors and protected under U.S. and international laws and treaties. Other trademarks used on the Site are the property of their respective owners.
PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. THE ICEBOX RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.
Sale is Contingent on Customer’s Acceptance of Terms and Conditions. Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
On Line Order Agreement
By accepting this agreement, you submit that you are an employee of The Company site you are using and agree to The Icebox's terms and conditions. The Company vendors, competitors or persons not employed by The Company are not allowed to purchase from The Icebox - Cool Stuff, LLC. The Icebox reserves the right to pursue appropriate action if the terms of this agreement are not met. In stock orders received by 12:00 P.M. Eastern will ship within one to two business day (inventory permitting). All orders will be shipped FedEx Ground, unless otherwise specified. Claims for shortages or defective goods must be made within 48 hours of receipt. Cancelled in stock orders that have not shipped will be restocked at no additional charge. In stock apparel and headwear may be returned (kits/packs must be return with all original goods) at a restock fee of 20% the original cost of goods as well as freight. In stock apparel that is returned due to COD lack of funds will be re-sent with all additional shipping charges included. Goods will be restocked upon second return, with all shipping charges, a 20% restock fee as well as a $20 COD return charge billed to the customer. The Icebox reserves the right to change, correct, or improve goods without notice. The Icebox also reserves the right to substitute comparable quality garments if availability problems arise. All prices subject to change without notice. Please see contact The Icebox for complete terms and conditions for custom orders.
Seller ships orders Visa, Mastercard, Discover or American Express. Orders with declined credit cards will not be accepted. Custom orders may require different payment terms, and will be charged in full upon first shipment, even if multiple shipments may occur. Credit card orders in excess of $2,000 will be charged before shipment. COD orders in excess of $2,500 require payment by certified funds.
Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Customs' brokerage for international orders is Customer’s sole responsibility. Inventory will fluctuate on seasonal items. Seller will ship using a carrier designated by Customer upon request. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately on credit card orders. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller may, at its sole discretion charge Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is lesser. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed and reasonable attorneys’ fees in the amount of 15% of the balance owed, and all other costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale. If Customer's account is insured and Customer's account is turned over to a receivable insurance company for a claim, Seller can also charge Customer an additional 30% of the past due balance. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN TWO BUSINESS DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED OR THE LIKE).
Returns and Cancellations
Authorized returns and exchanges must be postmarked within thirty (30) business days after Customer’s receipt of merchandise. All returns and exchanges will be subject to a 20% restocking fee in addition to freight and COD charges. No custom produced order can be cancelled once it has been entered into production. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. All sales are final on discontinued and/or overstock items; Seller will not accept returns on these items under any circumstance.
Customer will receive a credit posted to its account for any such return once it is received and checked in by Seller's warehouse. Please allow 5 to 7 business days for credit posting. Unused Customer credits shall expire one (1) year from the date the credit is posted to Customer's account.
Obtaining Return Authorization
To obtain a return authorization, send your return to us via UPS or Federal Express to the following address:
The Icebox - Cool Stuff, LLC
Attn: Returns Department
3993 Tradeport Blvd,
Hapeville, Georgia, 30354
Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. The Icebox reserves the right, at its sole discretion, to change or discontinue, products, styles, colors, sizes or fabrics. All orders are subject to availability.
Promotional Codes, Coupons, Discounts
Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Customer's Credit Worsens
Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer's financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.
Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders that exceed $4,999.00. All custom orders require a 50% deposit prior to commencing production, with the balance to be paid upon terms assigned by Seller. No changes will be accepted once merchandise has entered production. All orders ship within +/- 5% of the total quantity ordered. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer, FOB Location specified on order confirmation. All custom order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. Buyer shall assert claims for shortages or defective merchandise in accordance with these Terms and Conditions of Sale. Shipment and receipt dates quoted to Buyer will be approximate and are not guaranteed. Seller will not be liable for delays resulting from customs inspection or clearance. Seller adheres to industry-wide standards on PFD tolerances on critical measurements: +/- 8% in width and +/- 10% in length. Seller also adheres to industry-wide standards on piece dye tolerances. All custom dye colors will be within industry-wide standard tolerance of +/- 15% Seller’s shade band standard.
Seller is headquartered in the State of Georgia, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE:
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this Web site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by The Icebox or the party credited as the provider of the material. The entire contents of this Web site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by The Icebox may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to The Icebox or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to firstname.lastname@example.org or by standard mail to Seller at the following address:
The Icebox - Cool Stuff, LLC
Attn: Customer Service
700 Lake Avenue
Atlanta, GA 30309