Terms of service

The following terms and conditions apply to all orders: 

INTERNATIONAL ORDERS:

  1. The international buyer is responsible for all import duties, taxes and fees associated with their order (Delivered Duty Unpaid (DDU)). ColdAvenger pays no duties, taxes or fees in advance for the buyer. 
  2. This may include brokerage fees depending on the carrier selected by the buyer during check-out. As an example, UPS charges a brokerage fee of approximately $10 USD. US Postal Service (USPS) and other government carriers generally have a lower brokerage fee, or none at all. 
  3. Duties, fees, tariffs and taxes are not included in the product price and will need to be paid by the buyer directly to the carrier upon receipt. 
  4. If the buyer rejects the shipment due to unwillingness to pay import duties, taxes or fees we will not refund shipping costs incurred. 
  5. The international buyer is responsible for providing us with an accurate shipping address, and is responsible for monitoring the arrival of their shipment into their country. If an inaccurate address is provided and the shipment is returned to our warehouse, ColdAvenger is not responsible for the cost of re-shipping to the buyer. ColdAvenger will not refund the buyer for shipping costs if the address provided is inaccurate. 
  6. For more information on our shipping click HERE. For more information on returns and refunds click HERE. 
  7. You can calculate your estimated import duties and fees at this LINK. Use HS Code "650699." 

ALL ORDERS:

  1. We reserve the right to refuse service to anyone for any reason. 
  2. For information on returns and refunds click HERE. For information on shipping and warranties click HERE. 
  3. We take privacy seriously. We do not save your credit card information. Credit card information is always encrypted during processing. We do not save any personal information other than your name/address/email and the contents of your order for customer service purposes only. We will never sell your information and we despise data brokers. Please contact us if you would like your personal information deleted. 
  4. We reserve the right to modify the contents of this site at any time. The buyer is responsible for monitoring changes to our site including product descriptions, product prices, or sales. 
  5. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our product availability. 
  6. We cannot assist buyers who have purchased their product from a third-party retailer. We do not sell on Amazon or assist with their returns. 
  7. We have made every effort to accurately display the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
  8.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  9. The buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at our store. The buyer is responsible for providing us with an accurate shipping address. At our discretion, ColdAvenger may cover the cost of re-shipping to domestic U.S. addresses that have been provided inaccurately; however, it is at ColdAvenger's discretion and we may charge the buyer for the cost of re-shipping to an inaccurately provided address. Same goes for inaccurately selected sizes. 
  10. You expressly agree that your use of the product is at your sole risk. The products are provided 'as is' for your use, without any representation, implied warranties or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. For our manufacturers' warranty please see our FAQ page. 
  11. The cold weather face mask is not guaranteed to save your life or prevent cold weather injury in extreme cold temperatures. Please be responsible when venturing out into dangerously cold conditions. The mask is one tool of many that you should have to help stay warm. 
  12. The cold weather face mask does not have a filter and will not stop or prevent the transmission of viruses or bacteria.
  13. In no case shall ColdAvenger Face Masks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products, or for any other claim related in any way to your use of the products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the products. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  14. Buyer agrees to indemnify, defend and hold ColdAvenger harmless and our partners, officers, affiliates, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  15. The terms of service are governed by and construed in accordance with the laws of the state of Montana. 
  16. By visiting our site and/or purchasing something from us, the buyer indicates acceptance of our terms and conditions and agrees to be bound by them. If the buyer does not agree to these terms please they should not proceed with any purchase of our products. 
  17. This is the entire agreement. In the event any of these terms are determined to be unlawful, void or unenforceable, such provisions will still be enforceable to the fullest extent of the law and the unenforceable provision will be deemed severed from these terms, and such determination will not impact the validity or enforceability of any remaining provisions. Questions on these terms can be sent to info@coldavenger.com