Terms of sale
Last modified: Sept 28, 2023
Before you proceed with your purchase of Arctic Design products and services, we kindly ask you to carefully review these Terms of Sale. They contain essential information about your rights, obligations, as well as certain limitations and exclusions. If you do not agree with these Terms of Sale, please refrain from ordering or keeping our products.
These Terms of Sale constitute a legally binding agreement between you and Arctic Design Corporation, and its affiliated entities (referred to as “Arctic Design,” "Arctic," "we," "us," and "our"). They apply to all purchases of Arctic Design products ("Products") and services ("Services") made through our websites, including arcticdesigncorp.com, or via phone/chat with our Arctic Design Support team. Depending on your territory or the delivery territory, a different version of these Terms of Sale may apply, and we will present that version at the point of purchase.
Please note that the purchase and use of our Products and Services are also subject to our Terms of Use and Privacy Policy. By placing an order, you agree to be bound by these Terms of Sale, the Terms of Use, and our Privacy Policy.
1.Products and Prices
All Products offered for purchase on the Website are subject to availability, and we reserve the right to impose quantity limits. Prices are subject to change without prior notice and do not include applicable taxes, shipping and handling charges, or other fees, unless explicitly stated otherwise or required by law.
While we strive to provide accurate information on the Website, we cannot guarantee that descriptions, pricing, or other Product- or Service-related information is completely error-free. In case of an error, we reserve the right to correct it and adjust your order accordingly or cancel the order and refund the charged amount.
2. Orders
Our Products and Services on the Website is not a binding offer but an invitation to place an order. We may cancel or refuse any order at our discretion at any stage of the process, even after an order has been submitted and confirmed. We require full payment of the purchase price at the time of placing the order, unless otherwise agreed upon in writing with the Seller. Arctic Design reserves the right to modify, suspend, or terminate the credit terms and conditions at its sole discretion, including up until an order is shipped. Additionally, Arctic Design may process payment and deliver parts of an order separately.
3. Promotions, Voucher Codes, Special Offers
All Offers are subject to their associated terms and conditions and may not be combined unless specifically permitted. Only one Offer can be used per order, and it applies to in-stock items unless stated otherwise by Arctic Design. We reserve the right to decline orders where we consider the use of an Offer invalid. Offers are not redeemable for cash.
4. Limited Edition Products
Limited-edition Products might be offered by Arctic Design in limited quantities and may have variations from their standard counterparts. Offers may not be applied to the purchase of Limited-edition Products, and their replacement is subject to availability and Arctic Design’s discretion.
5. Payment Information
We provide a diverse range of payment methods as communicated to you during the sales process. By providing a credit card or other accepted payment method, you affirm and guarantee that: (1) all payment information provided is accurate; (2) you have the authority to use the designated payment method; and (3) you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including applicable taxes, shipping charges, and other fees. If the payment method cannot be verified, is deemed invalid, or is found unacceptable for any reason, your order(s) may be temporarily suspended or canceled. Please be aware that certain credit card companies, banks, and financial institutions may place an authorization or temporary hold on your account in relation to your purchase. For inquiries regarding such authorizations or holds, kindly contact your credit card company, bank, or financial institution directly.
6. Taxes
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties (collectively, “Taxes”) due with respect to your purchase and use of Products and Services. Arctic Design will collect Taxes when it is determined that we have an obligation to do so, based on factors such as the type of Product or Service purchased, the dispatch date, and the delivery address.
7. Dispatch, Risk of Loss, and Delivery
You are responsible for paying any applicable delivery and handling charges that are presented to you at the time of placing your order. We reserve the right to modify, adjust, add, or remove delivery and handling charges periodically, but we will notify you of any applicable charges before you make your purchase. Please note that any delivery dates or times provided during the checkout process are estimations only and are not guaranteed. The indicated number of days for standard and express shipping refers to the transit time alone, and additional time is necessary to process orders. Unless stated otherwise, the risk of loss or damage to a Product transfers to you upon the dispatch of the Product to your designated delivery location.
8. Returns and Refunds
For return of Products purchased from the Website, please refer to our Terms of Sale policy.
9. Warranty
Arctic Design Corporation (“Arctic “Design) provides a warranty for your product against defects in materials and workmanship when purchased directly from Arctic Design or an authorized reseller. This warranty is applicable only to the original end-use purchaser or the recipient of the product as a gift and is not transferable to any other person or entity. The warranty period is valid for 2 years from the date of retail purchase.
If a covered defect occurs during the warranty period, Arctic Design will, at its discretion, take one of the following actions:
(A) repair the product using new or refurbished parts, (B) replace the product with an equivalent new or refurbished product, or (C) provide a partial or full refund of the original purchase price in exchange for returning the product.
It's important to note that this warranty does not cover defects or damage resulting from improper use or maintenance, normal wear and tear, commercial use, accidents, or external causes. Unauthorized repair, modification, or customization of the product will void this warranty.
To obtain warranty service for covered defects, please contact support@arcticdesigncorp.com. Prior to receiving warranty service, Arctic Design may require proof of purchase, such as a receipt or sales invoice.
This limited warranty grants you specific rights in addition to any other rights you may have under applicable laws, including your rights against the seller who sold the Arctic Design product to you. However, to the extent permitted by law, this warranty is the sole and exclusive warranty provided by Arctic Design. Arctic Design disclaims all other warranties, whether express or implied, including but not limited to any warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. Arctic Design liability is limited to the original purchase price of the product.
10. Limitation of Liability
IN NO EVENT SHALL ARCTIC DESIGN OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SERVICES, OR THE WEBSITE, WHETHER OR NOT ARCTIC DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARCTIC DESIGN AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Third-party products and services
Arctic Design does not warrant, endorse, guarantee, or accept responsibility for any product advertised or offered by a third party through the Website or any website featured or linked to through the Website. Furthermore, Arctic Design will not be involved in or assume any responsibility for monitoring any transaction between you and third-party providers of products or services. Arctic Design will not be held liable for any offensive or illegal conduct of any third party. You acknowledge and accept the risk of harm or damage resulting from the aforementioned interactions. These limitations will remain in effect even if a remedy fails to fulfill its intended purpose and to the maximum extent permitted by law.
12. Software
The use of software is governed by a separate software license agreement that accompanies or is made available to you in relation to the software. If you have purchased Products that include software and no specific license terms accompany the software, subject to your adherence to the Terms of Use and these Terms of Sale, we grant you a personal, non-exclusive license to access and utilize the software solely for the purpose of enjoying the benefits of the Products. Please note that the title to the software remains with the respective licensor(s).
13. Repair services
All determinations regarding the eligibility of a Product for repair services, including replacement services, shall be made by Arctic Design and deemed final. Arctic Design retains the discretion to determine if a Product qualifies for repair services.
If a customer requests repair services beyond the applicable Product's Warranty, Arctic Design may charge a fee and collect required Taxes for such services. Additionally, you will be responsible for all related delivery costs, including packaging, transport, and insurance, unless otherwise agreed upon by Arctic Design. The fees for these services are calculated based on Arctic Design’s best estimate of the required work, and they will be charged prior to the completion of the Services.
Arctic Design will make reasonable efforts to complete all repair services within a timely manner, but any deadlines or estimates provided are non-binding. Arctic Design cannot be held responsible for any damages or costs incurred due to a delay in the completion of repair services.
Following the repair services, your Product will be covered by the Arctic Design limited product warranty for a period of 1 year.
14. Counterfeit products
To ensure that you are purchasing an authentic Arctic Design product, it is strongly recommended to buy directly from Arctic Design or an authorized dealer. Only products purchased directly from Arctic Design or an authorized dealer, whether through their official website or in a physical store, are genuine and covered by the Arctic Design limited warranty.
Arctic Design retains the right to inspect all products received for return, exchange, or service. In the event that Arctic Design determines that the product is not an authentic Arctic Design product (i.e., a counterfeit), you acknowledge and agree that Arctic Design will not be obligated to proceed with the return, exchange, or service of the product.
Furthermore, you understand that Arctic Design may choose to take one of the following actions: arrange for the product to be returned to you at your own expense, or permanently retain or destroy the product. In exchange, Arctic Design will provide you with a communication confirming that the product is indeed a counterfeit.
You may utilize this communication as evidence when seeking reimbursement for the amount you paid for the counterfeit product from the seller or your credit card company. It is important to recognize that counterfeit Arctic Design products may pose safety risks, and Arctic Design has legitimate reasons to exercise its right to retain or destroy such counterfeit products. This is done to (a) prevent personal injury or property damage, (b) deter the resale of counterfeit products, and (c) safeguard the reputation and integrity of the Arctic Design brand.
15. Backup data
Prior to sending your Product to Arctic Design for any purpose, such as repair or return, it is essential that you take the following steps at your own responsibility:
(a) Back up all data stored on the hard drive(s) and any other storage device within the product.
(b) Remove any confidential, proprietary, and personal information from the device.
Please note that Arctic Design cannot be held responsible for any confidential, proprietary, or personal information left on the device, nor for any lost or corrupted data or damaged or lost removable media that may be included with your return. It is your sole responsibility to ensure the protection and removal of such information before sending the Product to Arctic Design.
16. Return Policy
If you are dissatisfied with your direct purchase from Arctic Design, please follow the steps outlined in this Return Policy to request a refund. All returned products will be subject to a restocking fee of 15% of the original purchase price.
Please note that final sale products, shipping and handling charges, and certain taxes paid are non-refundable. Arctic Design reserves the right to decline returns in cases of excessive returns, violation of the Terms of Sale, suspected fraud, or any other prohibited activity.
To be eligible for a refund, you must:
(a) Purchase the Product directly from Arctic Design.
(b) Request a return authorization within 14-days of receipt.
(c) Deliver the Product, including all accessories, cases, and parts originally included in the packaging, to Arctic Design in good physical condition within thirty (30) days from the date of your return authorization number.
(d) Include the return authorization number along with your return.
If you send a return without obtaining a return authorization number beforehand, Arctic Design reserves the right to reject the return and will not be responsible for returning any Product sent to us. You assume full responsibility for the Product and bear the risk of loss until Arctic Design confirms receipt of the Product. Arctic Design will not be liable for any loss, theft, or damage incurred prior to confirming receipt. Shipping and handling, and any other applicable charges to return the product to Arctic Design is your full responsibility.
Upon receiving and verifying your return, Arctic Design will issue a credit or refund for the purchase price of the returned Product, subject to any applicable reductions or exceptions mentioned in this Return Policy. In the case of multiple-item discounts, promotional items, or free items received with the purchase, Arctic Design may deduct the value of the discount, promotional item, or free item from your refund or credit if you do not return all the items originally purchased.
Returns that fail to meet the conditions specified in this Return Policy may be refused at Arctic Design discretion, or a restocking fee of 15% of the original price will be charged for all product returns.
“Final sale" products are not eligible for return or exchange; they are only eligible for warranty service. If your Product arrives damaged or if you receive the wrong Product, please contact us using the provided information below.
If you have a problem with your order, please email us at: support@arcticdesigncorp.com
or if you have any questions about these Terms of Sales, please contact us: legal@arcticdesigncorp.com