Welcome to the website azatom.com. azatom.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any azatom.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. azatom.com reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
Use of Site:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Azatom.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by azatom.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by azatom.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by azatom.com in advance. Azatom.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if azatom.com believes that customer conduct violates applicable law or is harmful to azatom.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.K. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Azatom.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and azatom.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify azatom.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide azatom.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to azatom.com without charge and azatom.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of azatom.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by azatom.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Azatom.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defence for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant azatom.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and agree that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by azatom.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead azatom.com or third parties as to the origin of any Submissions or Content. Azatom.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of azatom.com (collectively, "Content"), belongs exclusively to azatom.com. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by azatom.com, without azatom.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on azatom.com as well as the use of azatom.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to azatom.com. You may not use azatom.com's Content or Compilation in any manner that disparages or discredits azatom.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of azatom.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under UK, national and international copyright laws. All rights not expressly granted are reserved by azatom.com. Violators will be prosecuted to the full extent of the law.
Intellectual Property Infringement Policy
It is the policy of azatom.com to take appropriate action where necessary to uphold and recognize all relevant UK and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that azatom.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to email@example.com
Termination and Effect of Termination
In addition to any other legal or equitable remedies, azatom.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and azatom.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY azatom.com ON AN “AS IS” BASIS. azatom.com MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, azatom.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. azatom.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, azatom.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, azatom.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO azatom.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO azatom.com’s LIABILITY.
Please note that there may be certain orders that we are unable to accept and must cancel. azatom.com reserves the right, at sole discretion, to refuse or cancel any order for any reason along with any accompanied promotions proived with the order. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
While azatom.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Aaztom.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, azatom.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is miss-priced, azatom.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by azatom.com is based upon figures calculated in UK GBP (Pound Sterling). Prices displayed in other currencies are converted from UK (GBP) Pound sterling according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-UK denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-UK. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to azatom.com, excluding shipping.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that azatom.com is not responsible for the operation of or content located on or through any such site.
You agree that azatom.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that azatom.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that azatom.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
You agree that azatom.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that azatom.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that azatom.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, legal fees.
AZATOM One Year Warranty
4Cool Technology Limited, trading as AZATOM, warrants this product to be free from defects in workmanship and materials at the point of sale. Subject to this product being used in accordance with its instructions for use, the product shall continue to be free from defects, for a period of one (1) year from the date of original purchase.
Any damage or defects caused by a failure to follow the instructions which relate to this product or as the result of an accident, abuse, misuse, misapplication, product modification, faulty ancillary equipment, improper voltage or current, lightning or other acts of God, commercial non-home use, normal wear and tear, shipping damage or loss, damage to digital media players or damage caused by the actions of anyone other than 4Cool Technology Limited are expressly excluded from the warranty stated above.
4Cool Technology Limited will, at its sole election, repair or replace any product that proves to be defective in either or both of workmanship or materials and as covered by this warranty. If the product is no longer manufactured or is out of stock at or after the time 4Cool Technology Limited learns of the warranty claim, 4Cool Technology Limited may, at its sole election, replace your product with a similar product. 4Cool Technology Limited’s liability is limited to the repair or replacement, of any defective product under warranty and any incidental or consequential damages are expressly excluded to the fullest extent permitted by law. This warranty is not transferable and does not extend to users other than the person who originally purchased the product.
Nothing in the product manuals we provide shall limit or exclude liability of 4Cool Technology Limited for death or personal injury resulting from 4Cool Technology Limited’s negligence, for fraud or fraudulent misrepresentation or breach of the terms implied by Section 12 of the Sale of Goods Act 1979.
This warranty gives you specific legal rights in addition to the ones afforded you by the laws of your country. This warranty is not intended to operate to limit such legal rights.
A user account is required with www.azatom.com to register your product warranty - without an account a warranty cannot be registered - To create an account, click here.
This promotion is currently limited to Amazon reviews only, any other review link provided in the submission box will be invalid and your submission will not be extended to 24 months leaving it at the default 12 month warranty.
THE FREE EARPHONE PROMOTION HAS ENDED (08/08/2018) All submissions, requests or uncollected promotional items after this date will be unable to be collected and are no longer valid. (Please see Section 15:X for printed promotional offers)
A user account is required with www.azatom.com to extend your product warranty - without an account a warranty cannot be extended - To create an account, click here.
Return Policy / Warranty Service
Warranty claims will only be valid when proof of purchase is supplied to 4Cool Technology Limited to evidence that the product was purchased from an authorised 4Cool Technology dealer and that the claim is within one (1) year of purchase. To make a warranty claim you must first contact 4Cool Technology Limited by email to firstname.lastname@example.org stating your name, full postal address, contact telephone number, the name of the product and order id number, date and place of purchase and a detailed description of the problem you are experiencing.
If the defect is covered by this warranty then you will be provided authorisation with a return document and instructions for return shipment. Where possible, you must send to 4Cool Technology the damaged or defective product, return shipments are at the customer's expense. The returned product MUST be accompanied by the original proof of purchase. We highly recommend that you retain a copy of this proof of purchase for your records. 4Cool Technology Limited shall not be responsible for lost or damaged products during shipment. Any product returned without the original proof of purchase or returns document provided will be returned without being examined or tested and such return shall be at the customer’s expense.
To avoid any additional charges, all returns and exchanges must include the original packing materials, product box, all included accessories which may include, but not necessarily be limited to, power adapters or power cords, connecting cables, remote controls, adapters, inserts, cards and instruction manuals. The absence of any of the aforementioned items may mean that you incur a charge for their replacement. For any unwanted products there is a cooling off period of 7 days from the date of receiving the product to notify us that the product is unwanted. The product must be returned to us within 30 days of delivery to the consumer to be eligible for a full refund. The product must be returned in as new condition or as received condition. The return of damaged goods due to misuse could incur a charge to the used value of the product.. 4Cool Technology Limited shall not be liable for any indirect or direct consequential loss.
4Cool Technology Limited / Azatom will not:
Cover return postage costs 30 days after the purchase
Cover the return postage costs for unwanted items
Offer a refund after 30 days (a replacement will be issued instead)
Any unwanted items must be returned in a new condition or a restocking fee may apply.
Returned items must be returned with all accessories and components (unwanted or faulty).
For any International returns please call us using the number our Contact Us page before shipping the return to us as we may not accept the return or cover the cost of the return without prior notice.
ONLINE COMPETITION & PROMOTIONS: TERMS AND CONDITIONS
Entry is open to residents of the UK except employees (and their families) of 4Cool Technology Ltd and its agents and any other companies associated with the competition.
The entrant(s) must be aged 18 or over.
Proof of identity and age may be required.
There is no entry fee and no purchase necessary to enter this competition.
Use of a false name or email address will result in disqualification.
All entries must be made directly by the person entering the competition.
Only one entry will be accepted per person, email address, social media account or shipping address. Multiple entries from the same person will be disqualified.
Entries made online using methods generated by a script, bot, macro or the use of automated devices will be void and disqualified from further events, giveaways and competitions.
No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas. Prizes are subject to availability and Region.
Entry into the competition will be deemed as acceptance of these terms and conditions.
We reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition and remove competitions and giveaways without prior notice.
In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by 4Cool Technology Ltd relating to any post-winning publicity.
Unless stated otherwise all postal entries must be made on the relevant coupon or form printed in the publication.
Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the
Promoter reserves the right to offer the prize to the next eligible entrant drawn at random, or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges or withdraw the prize all together. A grace period of 14 working days is given to winners to reply from first contact from 4Cool Technology Ltd.
Confirmation of the prize will also be made in writing to the winner(s) via the platform they entered or direct via email.
Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
Competitions and Promotions may be modified or withdrawn at any time without notice.
The provider of the prize is specified within the promotional material.
The Promoter is 4Cool Technology Ltd Discovery 1, 1 William Armstrong Way, Sedgefield, Stockton-on-Tees, TS21 3FH.
In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details in these Terms and and Conditions shall prevail.
A list of winners will be available upon request by writing into the Promoter's address no earlier than six weeks (unless otherwise stated) after the close of the competition. Only the surname and county of the winners will be disclosed.
Where a coupon or token is necessary for entry, residents of Northern Ireland only may send a stamped self-addressed envelope to the promoter for a free copy of such token or coupons, should they be available in the region at the time of promotion running.