Ownership of Site
The Site is
the property of Phoenix Electronics & Toys Co., Limited (“Phoenix” “we”
“us” “our”) and its licensors. These Terms and Conditions (“Terms of Service”,
“Terms”) apply to the Phoenix web site located at global, and all associated
sites linked to acool.global by Phoenix, its subsidiaries, and affiliates
(collectively, the “Site”).
The Terms
apply to the products sold by Phoenix either through the Site or by direct
contact with us. Use of the words “you”, “your” and “customer” is a reference
to our customers and visitors to the Site.
Agreement
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By using the site, you agree to the
Terms, including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. If you do not agree to all the Terms of
this agreement, then you may not access the website or use any services.
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We reserve the right to update, change
or replace any part of the Terms and by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
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These are the terms upon which Phoenix
makes and sells products to customers. The terms will form the agreement
between Phoenix and the Customer (“the Agreement”).
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By placing an order for Phoenix you
acknowledge that you have read, understood, and agree to be bound by the
Agreement.
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Privacy policy governs and applies to
your use of the Site and it is incorporated herein. Your submission of personal
information through the Site is governed by our Privacy Policy.
Use of the Site
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By agreeing to the Terms, you
represent that you are at least the age of majority in your country or
residence.
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You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
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You must not transmit any worms or
viruses or any code of a destructive nature.
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A breach or violation of any of the
Terms will result in an immediate termination of your Services.
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You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the product or service, use of the
service, or access to the service or any contact on the website through which
the service is provided, without express written permission by us.
Ventilation System
ACOOL is a car
ventilation system with the following precautions and operating conditions
Precautions
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The Ventilation System is not intended
to ensure the performance of the air conditioning system. Do not leave children
or pets in the vehicle. The temperature of the interior will remain high,
possibly resulting in heatstroke, dehydration, or even death.
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This system should be used only for car
ventilation and should not be used for other purposes.
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Be careful not to touch the solar
panel surface in scorching sun weather conditions as it will rise very high in
temperature and may cause burns.
Operating conditions
The Solar Models
may not operate under the following circumstances due to a lack of power from
the solar panel:
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Low amount of sunlight.
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Ever when a part of the solar panel is
cast by a shadow.
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Ever when a part of the solar panel is
covered.
Order Placement
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All photographs of products are
provided as a guide only. The colour of products may appear differently to the
actual colour, due to the resolution of individual monitors, computers,
devices, or lighting variations.
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By placing an order on-line you agree
to purchase the product based on the design and specifications as described on
the Site. You should ensure you read the product specification prior to
ordering your product.
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We require customers to provide the
necessary car information.
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We may also provide fittings for car
models based upon the information you provided before production. Once you
approve the fitting, you authorize us to commence creating your product for
you, on the conditions contained within this agreement.
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Our products are not available for
re-sale unless subject to an agreement with us.
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We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site
is void where prohibited.
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for shipment, it means that we have accepted your order. It supersedes all
previous correspondence, understandings and agreements between us.
Prices
Prices do
not include packaging, storage, freight, taxes, transit insurance, local
delivery or installation. All prices are subject to change without notice. We
shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service
Custom, Taxes and Import Charges
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You are responsible for the customs or
import duties, local taxes paid once the product reaches your country. We have
no control over these charges and they vary from country to country. We cannot
declare a lower invoice amount or make any other false declarations for customs
purposes. And we are unable to reimburse any costs incurred in relation to
those matters and do not accept any responsibility for delays as a result,
regardless of the circumstances.
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Please contact your local customs office
to find out current charges before placing your order, this will prevent any
unexpected costs you may not have considered.
Payment
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Prices displayed exclude delivery
costs.
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We further reserve the
right to adjust price to reflect any change in the cost of Goods due to any
unforeseen circumstances beyond our reasonable control, including, foreign
exchange fluctuation, currency regulation, change in tax, levies, costs of
labour, materials or other costs of manufacture, delivery schedule (at your
request), or your late instructions or failure to supply us with necessary
information.
Cancellation
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To cancel your order, please send an
email to cs@acool.global within 24 hours from the date your order is
received. Beyond this, orders cannot be canceled. A refund of any monies paid
by you to us for the products will be made within 30 days of your cancellation.
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If you have paid for the price of the
goods by credit or debit card, your credit or debit card account will be
re-credited as soon as possible and in any event within the above 30 day
period.
Order Acceptance/Confirmation
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Phoenix may, in its sole discretion,
refuse or cancel any order and limit order quantity. We may also require
additional qualifying information prior to accepting or processing any order.
Once we receive your order, we’ll provide you with an email order confirmation.
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Your receipt of an order confirmation,
however, does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell; we are simply confirming that we received
your order. We reserve the right at any time after receiving your order to
accept or decline your order for any reason. If we cancel an order after you
have already been billed, we will refund the billed amount.
Customer Commitment & Approval
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It is our goal to satisfy your needs.
As ACOOL is a custom-made product, at times, each customer is required to
provide Phoenix with the necessary information, assistance or feedback. Each
ACOOL is made specifically to your information. Without this information,
assistance or feedback, we would be unable to process your order. Once they are
provided, you are agreeing that you are satisfied with the designs and that no
further changes are required. Any further changes after you have given approval
will incur additional charges. In order for us to service all customers
efficiently, we require customers to respond to our requests in a timely
manner.
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Customers should provide us with as
much specific information as possible in order to avoid protracted delays in
making changes during the production process.
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Under certain situations, Phoenix may
require customer approval of sample fittings at several stages in our process.
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Once they are approved, you are
agreeing that you are satisfied with the designs and that no further changes
are required. Any further changes after you have given approval will incur
additional charges.
Time Frames
Our products are custom-made . Order would be delivered within 14-21
days upon receipt of full payment and validation of car details. We will do
our best to meet time frames as agreed, however, sometimes products exceed
projected finalization dates.
Delivery
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We use third-party shipping providers
to deliver products and our delivery terms are subject to the terms of the
third party providers.
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Shipping is charged at a flat rate
and. shipping charges are non-refundable.
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Generally, a person will be required
to be present at the delivery address to accept receipt of the product.
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We do not take responsibility for lost
or incorrect deliveries unless we are at fault. While we will make all best
efforts to ensure your products arrive within a reasonable time, we are not
liable for delays outside our control, for example, delays due to weather, delays
due to epidemic, holiday/seasonal delays, industrial action etc
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If a customer refuses a package, they
will be charged for any charges we incur in having the packages returned to us.
The refused package shall remain in the possession of Phoenix until such time
as the customer remits payment for us to send the item(s) again. If payment is
not received within 7 days of the first failed delivery, then the item is
forfeited.
Returns
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All sales are final.
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Order shortages, damages,
discrepancies must be claimed within 48 hours from the receipt of your order.
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We accept returns provided that items
damaged or defective upon receipt. Please email to cs@acool.global or
fill in the return request form for return authorization within 48 hours. We
will need photos of the damaged or defective item, as well as photos of the box
the damaged item was shipped in. We will evaluate on a case by case basis how
to resolve your concerns. We are happy to work with you to make things right by
sending replacement parts if it is determined that the defect existed at the
time of manufacture or damaged in shipping.
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All returns are subject to our final
approval.
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All items need to be returned unused,
unwashed and must be accompanied by the original invoice and packed with
original packaging. We reserve the right in our sole discretion to
determine whether the item is worn out.
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Upon approval of the claim by us, we
will direct you to either return the product or part to our offices in Hong
Kong.
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The return will not be accepted
without a “Returned Material Authorization” number (RMA) that we will provide
to you.
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An entire replacement or replacement
parts will be sent to you at our costs after the return is verified by us.
Warranty
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We offer our customers our products
against defects caused by faulty workmanship and materials for twelve months
use from date of purchase. If you believe you have received a defective
product, please send an email to cs@acool.global. Please provide
contact details and photographs of the defect for us to review. We are not
responsible for product returns without prior approval by us. We will evaluate on
a case by case basis how to resolve your concerns. We are willing to work with
you to make things right if it is determined that the defect existed at the
time of manufacture or developed under normal use.
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Please retain your Delivery Note as
proof of purchase in order for your warranty to be valid.This document must be
presented in the event of making a claim under the terms of this warranty. The
warranty is valid only for the first purchaser directly purchased from Phoenix or
an Phoenix authorized reseller / retailer.
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This warranty does not apply to damage
or breakage resulting from misuse, accidents, abuse, neglect, mishandling,
modifications, wear resulting from normal use and shipping damages of any kind.
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We make no other express warranty of
any kind. We shall not be liable for any special, indirect consequential,
incidental or similar damage suffered by the purchaser or any third party,
including without limitation, damages for loss or profits or business or
damages to persons or property resulting from the use or performance of the
product.
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During the warranty period, your
product will be repaired or replaced without charge, excluding shipping and
handling. Shipping charges both ways will be your responsibility.However, if
the product includes a number of accessories, only the defective part or
accessory will be replaced. We reserves the right to make minor adjustments
instead of replacing the product or accessory. Packaging, instructions, recipes
etc. will not be replaced unless faulty. All replaced or exchanged parts which
are removed under this warranty will become the property of Phoenix.
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When returning product, please be sure
to enclose a clear description of the problem and your proof of purchase with
the defective product and return it as instructedt. Be sure to package the
product securely (preferably in its original packaging) and ship it postpaid.
We will not be responsible for damage due to shipping.
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Subject to your statutory rights as to
the merchantable quality of the product or accessory. In the event of a product
or accessory being replaced during the guarantee, the warranty on the
replacement will expire at the original date, i.e., 12 months from the original
purchase date.
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If a problem occurs after the warranty
period, you may request a repair or replacement quote after inspection of the
damage. Shipping charges both ways will be your responsibility.
Accuracy, Completeness and Timeless of Information
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We are not responsible if information
made available on this site is not accurate, complete or current. The material
on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
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This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
User Comments, Feedback and other Submissions
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If, at our request, you send certain
specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
‘comments’), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
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We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or the
Terms .
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You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
Intellectual Property Rights
Phoenix
retains all ownership rights over all intellectual property (registered or
unregistered) imagery, and designs available on this Site. This clause
continues to apply after the product has been delivered and payment has been
received in full.
Limitation of Liability
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To the extent permitted by law, any
implied rights or terms for the supply of goods or services are expressly
excluded. To the extent of any liability arising, the liability of Phoenix
will, at the discretion of Phoenix, be limited to the repair or replacements of
the products or the cost paid for the product.
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We make every effort to ensure that
goods advertised for sale on the website are described
accurately. However, the descriptions of goods on the website do not form
part of the contract between you and us. They are designed to represent a
general idea of the goods. You should ensure that the goods which you are
purchasing from us are suitable for your intended purpose. We do not give any
warranty that the goods which you purchase from us are suitable for your
intended purpose.
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We will not be liable to you for any
loss or damage which you suffer as a result of any breach by us of this
contract, including, but not limited to, consequential loss to you and/or loss
or damage to the property of third parties. In any event, our liability to you
arising directly from our negligence will not exceed the invoice value of the
goods. Nothing in this clause will limit our liability for death or
personal injury resulting from our negligence. This clause does not affect
your statutory rights.
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We make every effort to ensure that this
website is free from viruses or defects. However, we cannot guarantee that
your use of this website or any website accessible through it will not cause
damage to your computer. It is your responsibility to provide adequate
protection for the equipment which you use to access this website. We will
not be liable to you or to anyone else for any loss or damage which may be
caused to any equipment arising as a result of your use of this website.
Severability
Any
provision of the Terms which is prohibited or unenforceable will be effective
to the extent of such prohibition or unenforceability without invalidating the
remaining provisions or affecting the validity or enforceability of that
provision in any other jurisdiction.
Contact Information
Questions about the Terms of Service should be sent to us at cs@acool.gobal
Governing Law
The Terms
are governed by the laws of HKSAR. You agree to submit to the exclusive
jurisdiction of the Courts of HKSAR in any dispute relating to this Policy.