Last updated: January 1, 2023
Introduction
Welcome to the Ionchill® Ice Maker, Mini Fridge, Wine Cooler! (“Ionchill”, “we”, “our”, or “us”) website and online store at ionchill.shop (the “Site”). These Terms and Conditions (“Terms”) are a legally binding agreement between you and Ionchill regarding your use of this Site and any purchase or transaction made on it.
Please read these Terms carefully before using this Site or making any purchases. By accessing this Site or making any purchases, you agree to be bound by these Terms. If you do not accept these Terms, you may not use our Site or make any purchases.
We may modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting to the Site. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of this Site following any modification constitutes your acceptance of the modified Terms.
Use of the Site
You must be at least 18 years old or the legal age of majority where you reside to use our Site. If you are under 18, you may only use this Site with the consent and supervision of a parent or legal guardian.
All information provided to create an account or make a purchase must be accurate and truthful. Providing false or misleading information is prohibited and may result in cancellations or frozen accounts.
You agree not to use this Site for any unlawful activity or any activity that violates these Terms. Unlawful activities include criminal acts, intellectual property infringement, misuse of our content, or sharing access with unauthorized users.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use this Site in accordance with these Terms and all applicable laws and regulations. You may only use this Site for your own personal, non-commercial use. Any unauthorized use terminates the license granted by these Terms.
Purchases and Payment
All purchases are subject to product availability. We try to maintain accurate inventory on the Site but do not guarantee all items will be in stock or immediately available.
You agree to provide valid payment information prior to completing a purchase. We use third-party payment processors and have no control over processing times. Purchases are non-refundable except as required by law or noted below.
Taxes and shipping costs, if applicable, are additional to the base price. You are responsible for paying any taxes and shipping costs for purchases on this Site.
We make every effort to display accurate pricing and product details. In the event of an error, we reserve the right to cancel orders in our sole discretion.
Delivery and Risk of Loss
We will arrange shipment of purchased items to you using common carriers such as FedEx or UPS. The delivery address you provide must match any regulated delivery location provided by the carrier.
Title and risk of loss transfer to you upon our handover of the item to the carrier. We are not liable for any losses occurring after the carrier obtains possession.
Delivery timeframes are not guaranteed. Estimated timeframes are based on carrier schedules and exclusions like weekends or holidays. We are not liable for any delays or failure to meet estimated timeframes.
You are responsible for examining packages upon receipt and reporting any damage promptly. Notations should be made on the carrier’s delivery receipt when possible regarding any damage.
Returns and Refunds
Please see our Returns and Refunds Policy on the Site for details on items eligible for return and refund, processes, timeframes, exceptions, and more. We reserve the right to determine refund eligibility in our sole discretion pursuant to our policies and applicable laws and regulations.
Content Ownership and Use
All content on this Site including text, graphics, logos, digital downloads, images, and software is our exclusive property and protected by copyright laws. You may not copy, download, distribute, modify, reproduce, republish, post, transmit, or create derivative works from this content without our prior written permission.
We grant you a limited license to access and use the Site and view, download, and print content from the Site solely for your personal, non-commercial purposes provided you do not modify or delete any copyright or proprietary notice. Any other use of the content violates our intellectual property rights.
User Content
You are solely responsible for any posts, comments, photos, videos, or other content you upload, publish, or display on the Site. By uploading content, you represent you have the rights to grant us an irrevocable, non-exclusive, royalty-free worldwide license to use, modify, reproduce, distribute, prepare derivative works, and publicly display or perform such content.
We have the right but not the obligation to monitor, edit or remove any user content. Your content must follow our content policies and all applicable laws and regulations.
Restrictions on Use
You agree not to:
- Use the Site for any illegal, immoral, or unauthorized purposes
- Use the Site in a way that could interfere, damage, disable, overburden, or compromise our servers or security systems
- Reverse engineer, decompile, disassemble, decipher or use unauthorized means to discover code, data, or any confidential information
- Copy or save any content offered as online-only access or downloads
- Share Site access with anyone else or allow third party use of your account
- Post or transmit spam, chain letters, phishing, junk mail or other unsolicited messages
- Distribute viruses or other harmful computer code through the Site
- Harvest, collect, gather or assemble user data without consent
- Infringe upon any trademark, patent, trade secret, copyright, or other intellectual property rights
- Violate the privacy, publicity, constitutional or other rights of others
- Use racist, offensive, obscene, aggressive, inappropriate or profane language
- Impersonate any person or entity or falsely misrepresent yourself
- Manipulate or distort pricing, product ratings, or reviews for any reason
- Violate any applicable laws, regulations, or these Terms
Community Guidelines
Content you post on community features like forums, chat rooms, review sections, social media pages, or blogs must conform to our Community Guidelines. These include:
- Posting only accurate, lawful, non-misleading content
- Not promoting dangerous information or illegal acts
- Respecting our staff, customers, and other users
- Participating in a civil and issues-based manner
- Avoiding disruptive behavior like harassment, threats, hate, or personal attacks
- No promotion of discriminatory biases regarding attributes like race, gender, orientation, religion, ability
- No sexually explicit, pornographic, violent, or gory content
- No political campaigning, fundraising, recruiting, protesting, or petitioning
- No spamming, link dumping, or all-caps text
- Sourcing factual claims you make
- Complying with copyright, trademark, and intellectual property laws
- Disclosing affiliations, sponsors, or partnerships transparently
We reserve the right to edit, remove, disable access, or ban any user content or users that violate these guidelines or terms of use. We also reserve the discretion to make judgment calls where guidelines may lack specificity.
Reviews and Ratings
If you choose to submit product reviews, ratings, photos, videos, or other product-related content, it must represent your independent and honest opinion and experience with the product. Content received in exchange for incentives like free products or payment is prohibited. We reserve the right to remove fictitious, defamatory, or biased reviews.
External Links and Third Party Content
The Site may contain links to third party websites, apps and services. We provide these links for your convenience only and do not review, endorse, approve, or control third parties or their content.
We are not responsible for the safety, legality, accuracy, appropriateness, or any other aspect of third party content, products, or services. Use third party links and content at your own risk.
Liability Disclaimer
We strive to provide accurate content but cannot guarantee the price or availability of any products or services shown on the Site. Product specifications and pricing may change at any time without notice. We provide content, products, and services on an “AS IS” and “AS AVAILABLE” basis and disclaim all express or implied warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We are not liable for any loss or damage that may arise, directly or indirectly, from your use of the Site or your reliance on any content, product, or service provided.
You agree we have no liability for damage or loss to your system, loss or inaccuracy of data, business interruption or loss of profits, your reliance on any third party content, any viruses or harmful code, user content, online-only offers or promo codes, delivery issues that are the carrier’s responsibility, or any unauthorized access or use of our servers or content.
Indemnification
You agree to defend, indemnify, and hold harmless Ionchill, our affiliates, vendors, and agents including employees and contractors, from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses arising from or related to your use of the Site, any user content you post, or your violation of these Terms. We reserve the right to assume exclusive defense and control in any such legal action.
Dispute Resolution
If any controversy or dispute arises (“Dispute”), you agree to first contact us and attempt to resolve it informally. If informal resolution is unsuccessful, these Terms will be governed by California law without regard to conflicts of law provisions. Any legal proceedings will take place in San Francisco, California. You consent to the exclusive jurisdiction and venue of the state and federal courts located in and serving San Francisco County, California.
Class Action and Jury Trial Waiver
You must bring any dispute against us as an individual. Class actions, private attorney general actions, and any other representative proceedings are prohibited. All disputes will be resolved by a judge, not a jury.
Severability
If any provision in these Terms is found illegal or unenforceable, it will be severed while preserving all lawful terms which will remain in full force and effect.
Modifications
We may modify these Terms from time-to-time. Updated versions will be effective immediately on the Site. Please check frequently. Your continued use of this Site after updates indicates acceptance of the revised Terms.
Contact Us
Please feel free to contact us with any questions regarding these Terms:
By Email: [email protected]
By Mail: Ionchill Legal, 123 Ionchill Lane, Fridge City, CA, 91234, USA
