Terms of Sale – Fluidgaming

Terms of Sale, ver. 7, 6 June 2025

The web portal www.ekfluidgaming.com is an array of web pages intended for presentation, advertising, and sale of merchandise by EK Cooling Solutions, The web portal includes a web shop which enables direct entering into distance, i. e. off-premises sales and services contracts via the world wide web between EK Cooling Solutions, as the seller and the web portal visitors as buyers. This service is an “information society service” and EK Cooling Solutions, is the “information society service provider” within the meaning of the Consumer Protection Act (Official Gazette No. 20/1998 with amendments). All sales and services orders are subject to these Terms of Sale, which supplement the Terms of Use. By ordering our Products, you accept and agree with these Terms of Sale.

Definitions:

“Web Portal” shall mean the entire array of web pages accessible via internet domain www.ekfluidgaming.com.

“Web Shop” shall mean the web shop accessible via internet domain www.ekfluidgaming.com.

"Operator” shall mean the operator of the Web Portal, i. e. the company EK Cooling Solutions, (abbreviated EK Cooling Solutions, , hereinafter also EKCS), 1862 Grandstand Dr, San Antonio, TX, 782384506, United States, contact electronic mail [email protected]. EK Cooling Solutions is registered in the state of Texas.

"Terms of Sale” shall mean these Terms of Sale.

Product or Products’’ shall mean any EK Cooling Solutions’s products or services available for order via the web shop.

1. PAYMENT, PRICING & PROMOTIONS

1.1. Payment terms

Terms of payment are within EK Cooling Solutions sole discretion, unless otherwise agreed to by EK Cooling Solutions. Customer pays for the order at own choice - either after the delivery (only available for Slovenian customers) or when ordering the products. Invoices are due and payable within the time period noted by EK Cooling Solutions based on the purchase, measured from the date of the invoice. EK Cooling Solutions may invoice parts of an order separately. Orders are not binding upon EK Cooling Solutions until accepted by EK Cooling Solutions. Any quotations given by EK Cooling Solutions will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the standard rate allowed by Slovenian law.

1.2. Payment for products

We offer the following payment methods for purchasing EK Cooling Solutions products:

PayPal: You can pay with PayPal as a registered user. PayPal is accepted worldwide, and you are protected by PayPal Buyer Protection.
Credit Card: You can make a purchase using any major credit card company (American Express, Visa, MasterCard, Discover) via Braintree.

1.2.1. Payment Fraud Prevention

EK Cooling Solutions scans all payments against payment frauds and reserves the right to manually review any payments recognised as potentially suspicious. In case your payment is recognised as a potential threat, you will be notified via submitted email and invited to payment review. The payment review consists of identity verification via a video call where you will be asked to show a photo ID document including your address, e. g. a driver’s license, personal ID card or passport. No document copies are required nor any copies will be retained by EK Cooling Solutions. The order will be processed once your identity is verified. If the payment cannot be verified as non-fraudulent or no reply to the request for identity verification is received within 5 (five) business days, the order will be automatically cancelled and any payment will be fully refunded via the original payment method.

1.3. Pricing

All prices in the EK Cooling Solutions web shop are subject to the Sales Tax according to the following US Tax rules:

	VAT/sales taxation
Destination country	Consumer (B2C)	Business Customer (taxable person) (B2B)
Slovenia	Taxed with VAT rate applicable for domestic transactions within Slovenia.
EU + Northern Ireland	Taxed with VAT rate applicable for domestic transactions in the recipient’s country.	VAT exempt, if: (1) the customer creates a web shop account and (2) provides a valid VAT ID number; Otherwise taxed at the rate applicable for domestic transactions in the recipient’s country
Australia	VAT exempt, Australian goods and sales tax applies
Rest of the World	VAT exempt

All prices in the EK Cooling Solutions web shop exclude shipping costs, which are calculated separately after the delivery address is determined and charged together with the purchase price (“Grand Total”). Personal pickup (where available) is free of additional charge. Business-to-business customers settling the invoice with a payment via PayPal will be charged an additional 1.9 % PayPal processing fee on the “Grand Total” value of their order during the checkout process.

1.4. Promotions

Occasionally, EK Cooling Solutions offers special promotions which can be redeemed using a coupon code, by adding promotional items to the shopping car manually or are considered automatically at the checkout. If you have a coupon code from EK Cooling Solutions, please enter it at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it.

Coupon or Discount Code Terms & Conditions

Coupon or Discount Codes are valid for a limited time only. EK Cooling Solutions reserves the right to modify or cancel coupons at any time.
Coupon or Discount Codes are only valid until specified expiration date. After expiration date items remaining in cart will no longer qualify for discount offer.
Each Coupon or Discount Code can be used only once, unless otherwise specified.
Coupon or Discount Code cannot be applied to previously placed orders.
Coupon or Discount Code may only be applied to qualifying items or percentage off purchases displaying the coupon offer. The coupon offer will not be valid until it is applied to the qualifying item. Details are specified in the promotion.
Coupon or Discount Codes are available to individual consumers for products purchased online in the EK Cooling Solutions web shop (available at: https://www.ekfluidgaming.com/shop/)- while stocks last.
Promotions are limited to one coupon per customer, unless otherwise specified.
Promotional Coupon or Discount Codes may not be combined with other discounts or sales.
The promotional Coupon or Discount Code is not transferable, may not be resold or redeemed for cash.
Certain products may be excluded from Coupon or Discount Codes. See the specific details of the promotion for excluded products.
To apply a Coupon or Discount Code, you must enter it prior to completing the order, at the checkout page in the 'Discount codes' field and press the 'Apply Coupon' button to submit it. Instructions can be found under FAQ section at www.ekfluidgaming.com.
All offer Coupon or Discount Codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
We reserve the rights to adjust the value of our Coupon or Discount Code based on the current exchange rates.

EK Cooling Solutions reserves the right to update these terms and conditions without prior notice.

1.5. Offer of products and their labels

In Stock: The product is in stock and will be shipped out according to the processing time set at the time of the purchase (normally 3 business days; however, may be prolonged during the high season).

Out of Stock: The product is currently out of stock; however, customers are able to order the product anyway. By doing so, they secure a place in the queue for that specific item, though, their order will not be shipped out until all the ordered items are available for shipping.

Pre-Order: The product has not yet been released; however, it is available for pre-order. By ordering a pre-order product, customers reserve their place in the queue and will be amongst the first to receive it once the product is released. Please note pre-ordered products cannot be added to open orders in order to ensure pre-orders are handled in the order of reception.

Available for Order: The product is currently out of stock; however, customers are able to order the product anyway. By doing so, they secure a place in the queue for that specific item, though, their order will not be shipped out until all the ordered items are available for shipping. The product is estimated to become available for shipping within 14 days. The estimated restocking date is shown on the product page above the “Add to cart button”.

Only X pieces left: The product is currently in stock; however, it is only available in limited quantities. The “X” in the status indicates the amount of stock remaining.

You may request the cancellation of your order at any time until the shipment is ready to be shipped out. However, we cannot guarantee your request will be processed in time, i. e. prior to dispatch.

2. DELIVERY AND SHIPPING

2.1. General

All orders require 1-3 business days processing time before the products are ready for pickup or before they are shipped out. EK Cooling Solutions does not process orders during weekends or public holidays in the Republic of Slovenia. EK Cooling Solutions does not guarantee dispatch of the order on the same day it had been placed.

EK Cooling Solutions retains the right to, at its sole and exclusive discretion, split the orders in partial deliveries.

2.2. Passing of Title and Risk

The title to the products as well as the risk of accidental loss, damage or destruction shall pass from EK Cooling Solutions to you upon the handover. In case of personal pickup, the handover is effected when the order is collected. In case of delivery via courier, EK Cooling Solutions will assume the responsibility for the shipping until the handover. The handover is effected when the delivery or deemed delivery is completed according to the terms and conditions of the courier in question. Software may be delivered via e-mail or made available for download via web page at EK Cooling Solutions’s sole and exclusive discretion. In such cases, the handover shall be deemed to be completed when the email is received by your information system or the software is collected (downloaded) from the webpage.

If the products have not been paid in full by the handover, the title shall only pass upon reception of full payment without any deductions. In case the buyer has re-sold the products to his customers, such customers shall only obtain title to the products upon full payment of EK Cooling Solutions. In case the buyer has integrated the products as components into larger systems or merged them with other items into a new item, EK Cooling Solutions shall become the co-owner of such systems or new items up to the value of the products until full payment of the purchase price. The payment shall be deemed received when the funds become visible in the bank account of EK Cooling Solutions.

2.4. Shipping policy

Eligible shipping methods (if any) are displayed during the checkout process. In case no alternate shipping options are available for choice, EK Cooling Solutions reserves the right to ship your order via any of its business partners, depending on availability of services in particular area, their expedience, price, reliability and other factors. EK Cooling Solutions will try to accommodate requests for the engagement of particular logistic services provider, but even if so explicitly requested, EK Cooling Solutions cannot guarantee the engagement of the desired courier.

Shipping to P.O. Box addresses will not be accepted. If no alternative address is provided within three days upon EK Cooling Solutions’s request, your order will be cancelled and the payment fully refunded.

When EK Cooling Solutions accepts your order in writing, we will also contact you with an estimated delivery time (if available and when available). The stated delivery times are estimates, intended solely for informative purposes and not guaranteed. They may vary significantly depending on the time the order is placed, elected shipping method, individual target delivery destination, customs procedures, etc. EK Cooling Solutions assumes no liability for the delivery of orders within a particular term or by a particular date/time, late delivery or delivery delays.

EK Cooling Solutions will not accept any order cancellations on account of late or delayed delivery. No refunds of shipping charges will be made in case of delays in delivery, irrespective of the reason.

EK Cooling Solutions will notify customers by e-mail when their order leaves its premises with the shipping courier.

Unreasonable delays in delivery or suspected lost shipments may be reported via the form available at the Customer Support Portal accessible at https://www.ekfluidgaming.com/support . Pursuant to the logistic services providers’ terms and conditions, EK Cooling Solutions will file any enquiries only after 30 days from the handover of the goods to the courier have lapsed. After the lapse of 6 (six) months from the handover of the goods to the courier, the enquiries are no longer possible and will not be accepted.

Pursuant to the provider’s terms and conditions, with EMS Priority shipping service, charge-back requests will only be accepted within 60 days after the parcel had been shipped out.

Shipping charges are not included in the advertised price of the products and will be charged separately. Shipping charges are based on the delivery destination and cannot be estimated before you provide us with the requested delivery destination information. Guaranteed shipping cost are displayed at the checkout page, before the order is finally and bindingly confirmed.

Shipping rates are automatically calculated by our information system, depending on the shipment weight, dimensions and delivery destination. All rates exclude any import customs duties and associated costs.

Import customs duties and associated costs (e. g. processing costs by the carrier, postal service provider or freight forwarder, payment provisions and fees, etc.) are not included in Grand Total value of the order and are to be borne by the customer at the designated delivery destination.

2.5. Inspection and Notification of Defects

You are liable to inspect the goods upon handover for any patent defects, i. e. apparent defects such as visibly damaged transport or secondary packaging, damages on the products or missing parts, or malfunctioning of the products.

Any patent defects must be notified to EK Cooling Solutions within 2 months after the handover if you are a consumer or 8 days if you are a business end-customer. Any latent defects, i. e. concealed defects that are not discoverable by an averagely diligent person during regular inspection, must be notified within 2 months after discovery if you are a consumer or 8 days if you are a business end-customer. EK Cooling Solutions is entitled to reject the defect claim in case of your failure to notify the defect within the periods set forth above.

If the product fails or stops to function faultlessly, you may request rectification. Warranty claims may be placed by the end of the warranty period and EK Cooling Solutions shall not be obliged to accept claims placed thereafter.

All defect, warranty and associated claims must be placed via the EK Cooling Solutions web shop/My Return portal according to the procedure set forth in the following Chapter (3. WARRANTY AND RETURNS).

3. WARRANTY AND RETURNS

3.1. Contact Us First Before Sending Anything Back

Before returning anything back to EK Cooling Solutions, please contact our team at EK Cooling Solutions web shop/My Returns and obtain the Return Merchandise Authorisation (RMA). When our team determines that your problem qualifies or it does not qualify for return, you will be informed and granted the RMA or the RMA will be rejected. If you return anything to EK Cooling Solutions without prior Return Merchandise Authorisation, this will be considered an unauthorised return, no service will be provided, you will not receive any credit for the Product(s) and EK Cooling Solutions will not ship the Product(s) back to you. EK Cooling Solutions reserves the right to dispose of the Products returned without the return merchandise authorisation at its own discretion. We may, in our sole discretion, arrange for fulfilment of our warranty obligations through an EK Cooling Solutions affiliate, authorized distributor, or an authorized warranty service provider. If you cancel your order before we return it, we will reimburse all payments received from you, including the costs of shipping and delivery. Product(s) must be returned to us as defined in this Terms of Sale.

3.2. Returns for Convenience (30-Day Money Back Guarantee for Unwanted Items - EK Cooling Solutions Webstore Purchases)

3.2.1. Right to Withdrawal

For all purchases from the Web Shop at www.ekfluidgaming.com, the customer has the right to withdraw from the purchase for convenience and return the products against the refund of purchase price without stating the reason. The withdrawal must be communicated to EK Cooling Solutions within 30 days after receiving the ordered products pursuant to the Return Merchandise Authorisation (RMA) procedure (see Art. 3.1.). In case the order contains multiple products and the delivery is split, the 30-day notice period shall start to run upon reception of the last product from the same order. The notice shall be deemed to be submitted timely if sent off before the lapse of the aforementioned 30-day notice period.

For avoidance of doubt, if the returned products are inspected, handled or used by the customer in a way beyond the way comparable with the inspection possible in a brick-and-mortar shop, EK Cooling Solutions reserves the right to refund the customer a diminished value of the Products (see Art. 3.2.4.).

3.2.2. Return of Products

The products must be returned to EK Cooling Solutions within 14 days after the Return Merchandise Authorisation (RMA) is granted (see chapter 3.1). The customer may return the products either personally at the pickup location or ship them back via courier. In the latter case, the customer shall inform EK Cooling Solutions of the tracking number immediately. The return shall be deemed timely if the products are returned to the pickup location by the end of business hours on the last day of the 14-day notice period or dispatched via courier before the lapse of the aforementioned 14-day notice period.

The products must be returned to the address stated on the RMA.

If possible, the products must be returned in the original primary and secondary packaging. The products need to be appropriately packaged, protected against damages during transport (e. g. by air cushions, bubble foil, styrofoam), the packet must be labelled with the RMA code and “fragile” pictogram visible on the outer side, and enclosed with the RMA form.

The costs associated with the return to the pickup location or shipping costs shall be entirely borne by the customer. The height of the costs depends on the location of the customer, the chosen courier service provider, the selected courier service expedience and other courier service parameters, bulikness and weight of the returned items. 

3.2.3. Rejection of Returns for Convenience

EK Cooling Solutions has the right to reject returns for convenience not announced or returned timely, returns without a Return Merchandise Authorisation (RMA), returns dispatched to the wrong address, returns not packed and labelled, or enclosed with all required documentation as stipulated herein, or returns containing products not meeting the required condition. EK Cooling Solutions may, at its sole and exclusive discretion, accept returns not meeting the conditions above and refund the purchase price after deduction of the diminished value of the products (see Art. 3.2.4.)

3.2.4. Refund of the Purchase Price, Deduction of the Diminished Value

For products eligible for return, EK Cooling Solutions will refund the purchase price and the initial delivery costs (including all extra tax, import, customs clearance and other associated costs, if applicable) within 14 days upon reception of the products, or after the reception of proof of dispatch of the products back to EK Cooling Solutions, whatever is earlier. In case the customer opted for a premium delivery option when placing the order, only the standard delivery costs will be reimbursed. In case only some Products from the order are returned, only the delivery costs pertaining to the returned Products will be reimbursed. If the delivery costs pertaining to the returned Products cannot be separated or would be the same even if the initial delivery did not include the returned Products, no delivery costs will be reimbursed.

The refund will be effected at the cost of EK Cooling Solutions via the same means of payment as used when the order had been placed, unless mutually agreed otherwise.

The customer is responsible and liable for the diminished value of the products in the following cases:

The product arrives to EK Cooling Solutions damaged and the damage was incurred after the initial delivery to the customer, irrespective of the reason (i. e. caused by the customer or during the transportation back to EK Cooling Solutions).
Opened primary packaging or wrappings of individual parts within the primary packaging.
Signs of installation, use, filling with cooling or cleaning medium of the product (as applicable).
Any other state of the primary packaging, the product or its individual parts caused by the conduct of the customer exceeding the necessary inspection to establish the nature, properties or functioning of the product in a way comparable with the inspection possible in a brick-and-mortar shop.

EK Cooling Solutions is entitled to set-off, withhold and deduct from the refund amount reasonable costs incurred due to the diminished value of the products as set forth above. Such costs include e. g. the costs of substituting any missing product parts, repairs, cleaning, repackaging. Please note that the efforts needed to restore the used Products to factory state or the objective inability to do so may render the returned products unfit for further merchantability. In such cases, the diminished value may in the worst scenario represent the entire purchase price of the Product.

EK Cooling Solutions will inform the customer of the deduction amount and the reasons for the deduction before the refund is made.

3.3. STANDARD - EK Cooling Solutions product Warranty

3.3.1. EK Cooling Solutions product Two-Year Limited Warranty

You must send good quality photos or video, where the damage or faulty function is clearly visible/audible.

EK Cooling Solutions products are guaranteed against manufacturing defects two (2) years from the original delivery date. EK Cooling Solutions will rectify the defect free of charge if your device has a manufacturing defect that is covered by the warranty. During the warranty period, EK Cooling Solutions will make the choice whether to replace, repair or, if replacement and repair are not possible, return the purchase price, or in agreement with your otherwise correct for any EK Cooling Solutions product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EK Cooling Solutions product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EK Cooling Solutions products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 2 years from the original delivery date.

3.3.2. Extended Warranty

EK Cooling Solutions may offer an extension of warranty period for individual products, e. g. to customers who register their products with EK Cooling Solutions, subscribe to newsletters as part of purchase or advertising promotions or in other cases (Promotions). Extension of warranty under such Promotions is possible only for a limited period, only once for each individual product and is subject to terms and conditions of such Promotions.

3.3.3. Warranty Replacement for EK Cooling Solutions product Service Instructions

EKCS will repair or replace the EKCS product free of charge if your device has a manufacturing defect that is covered by the Warranty. The shipping cost for your return of defect Products to EKCS is solely cost of the customer. Possible costs from EKCS to EKCS’s service center and back to EKCS will be covered by EKCS, as well as the shipping costs for the delivery of repaired or replaced products back to you. For details see Section RMA PROCEDURE below.

3.3.4. Cases when EK Cooling Solutions product Warranty does not Apply

The EK Cooling Solutions product Warranty does not apply if the EK Cooling Solutions product has been installed and/or used in a manner that does not comply with user instructions, or has been fitted on unsuitable materials.

Normal wear and tear
If the EK Cooling Solutions product has been modified or repaired by personnel other than EK Cooling Solutions’s
If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EK Cooling Solutions product specifications); or exposure to environmental conditions for which the EK Cooling Solutions product is not intended
where the EK Cooling Solutions product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from:

(i) the combination or use of the EK Cooling Solutions product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us;

(ii) operating the EK Cooling Solutions product under any specification other than, or in addition to, our standard specifications for them;

(iii) the unauthorized installation, modification, repair, or use of EK Cooling Solutions products;

(iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EK Cooling Solutions product specifications); or exposure to environmental conditions for which the EK Cooling Solutions product is not intended;

(v) normal wear and tear on consumable parts, or

(vi) cosmetic damage and

(vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EK Cooling Solutions product.

If any EK Cooling Solutions product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option repair the defect, replace a nonconforming EK Cooling Solutions product with a new, equivalent to new, or reconditioned parts for the EK Cooling Solutions product or, if it doesn’t make financial sense in our determination, we will refund the EK Cooling Solutions product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EK Cooling Solutions product in accordance with our EK Cooling Solutions product return procedures as referenced above. In case of product replacement or significant product repair, the warranty period starts to run anew.

The Licensed Technology includes Third-Party Software and Hardware components. By entering into this Agreement and using Third-Party Software and Hardware, you are accepting the terms of respective licenses. In this case, the Third-Party Software and Hardware terms will govern your use of the Third-Party Software and Hardware, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third-Party Software and Hardware. You agree that the owners of the Third-Party Software and Hardware are intended third party beneficiaries to this Agreement in relation to your uses of Third-Party Software and Hardware.

3.3.5. Determination of Warranty Applicability

We can refuse warranty services if the EKCS product or Software date of purchase cannot be proven, if a claim is made outside the warranty period, or if a claim is excluded. Following our examination of your claim, we will notify you of your warranty status and the repair cost of any out-of-warranty EKCS product. At such a time you must issue a valid purchase order to cover the cost of the non-warranted EKCS product repair and return shipping or authorize return shipment of the EKCS product at your expense as is.

3.4. STANDARD - EK Cooling Solutions AIO product Warranty

3.4.1. EK Cooling Solutions AIO product Five-Year Limited Warranty

EK Cooling Solutions AIO products are guaranteed against manufacturing defects five (5) years from the original delivery date. EK Cooling Solutions will rectify the defect free of charge if your device has a manufacturing defect that is covered by the warranty.

During the warranty period, EK Cooling Solutions will make the choice whether to replace, repair or, if replacement and repair are not possible, return the purchase price, or in agreement with your otherwise correct for any EK Cooling Solutions AIO product subject to the warranty which we determine as non-conforming after we check it out. Unless: (i) it falls under the limited warranty included with a EK Cooling Solutions AIO product; or (ii) the User Agreement accompanying any Software grants you different rights or disclaims all warranties we warrant to you, and only to you, as applicable, that our EK Cooling Solutions AIO products are designed and manufactured to conform to our specifications and will be free from defects in material and workmanship for a period of 5 years from the original delivery date.

3.4.2. Warranty Replacement for EK Cooling Solutions AIO product Service Instructions

3.4.3. Cases when EK Cooling Solutions AIO product Warranty does not Apply

The EK Cooling Solutions AIO product Warranty does not apply if the AIO product has been installed and/or used in a mfanner that does not comply with user instructions, or has been fitted on unsuitable materials.

Normal wear and tear
If the EK Cooling Solutions AIO product has been modified or repaired by personnel other than EK Cooling Solutions’s
If the defect or damage has been caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EK Cooling Solutions AIO product specifications); or exposure to environmental conditions for which the EK Cooling Solutions AIO product is not intended
where the EK Cooling Solutions AIO product is damaged as a result of abuse, accident, or other causes beyond our reasonable control

This limited warranty also does not apply to, and we are not responsible for, defects or performance problems resulting from: (i) the combination or use of the EK Cooling Solutions AIO product with hardware or Software, information, data, systems, interfaces, or devices not made, supplied or specified by us; (ii) operating the EK Cooling Solutions AIO product under any specification other than, or in addition to, our standard specifications for them; (iii) the unauthorized installation, modification, repair, or use of EK Cooling Solutions AIO products; (iv) damage caused by accident, lightning, or other electrical discharge, fresh or salt water immersion or spray (outside EK Cooling Solutions AIO product specifications); or exposure to environmental conditions for which the EK Cooling Solutions AIO product is not intended; (v) normal wear and tear on consumable parts, or (vi) cosmetic damage and (vii) in contrary with these Terms of Sale. We do not warrant or guarantee the results obtained through the use of the EK Cooling Solutions AIO product.

If any EK Cooling Solutions AIO product stops working during the warranty period for reasons covered by our limited warranty, and you notify us of such a failure during the warranty period, we will at our option repair the defect or replace a nonconforming EK Cooling Solutions AIO product with a new, equivalent to new, or reconditioned parts for the EK Cooling Solutions AIO product or, if it doesn’t make financial sense in our determination, we will refund the EK Cooling Solutions AIO product purchase price you paid (excluding separate costs of installation and shipping and/or any other handling costs, if any) upon your return of the EK Cooling Solutions AIO product in accordance with our EK Cooling Solutions AIO product return procedures as referenced above. Any repaired or replaced EK Cooling Solutions AIO product will be warranted for a period of 30 days or the remainder of the original warranty period, whichever is longer.

3.4.4. Determination of Warranty Applicability for AIO product

3.5. Software

The Software is made available ‟as is.” EK Cooling Solutions makes no warranties, conditions, accompanying documentation as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality, or fitness for any particular purpose. EK Cooling Solutions provides no warranty regarding, and will have no responsibility for, any claim arising out of:

(i) using the Software in any way not covered by these terms and conditions or its purpose

(ii) the modification of Software made by anyone other than EK Cooling Solutions unless EK Cooling Solutions authorized such a modification

(iii) damages due to improper or sloppy use

(iv) the use of Software in combination with any operating system, or any Software or/and hardware not authorized or forbidden by EK Cooling Solutions.

EK Cooling Solutions provides no warranty and will have no responsibility for:

(i) operation of Software being uninterrupted

(ii) operation of Software being error-free

(iii) that the functions contained in the Software will meet distributor requirements

(iv) that the Software will be compatible with any Software or hardware, except Software and firmware authorized by EK Cooling Solutions EK Cooling Solutions is not responsible for any damages or loss resulting from the use or inability to use the Software.

3.6. Your Representations and Warranties

By making a purchasing of Product(s) and accepting these Terms of Sale, you hereby represent and warrant that:

you have read and understood these Terms of Sale;
you have the necessary authority and consent to accept these Terms of Sale, to enter into a binding agreement with EK Cooling Solutions and/or its Affiliates and to perform the obligations set out herein;
if you are an individual (i.e. a natural person), you are at least 16 years of age, you have sufficient legal capacity according to your residency country laws to accept these Terms of Sale and to enter into a binding agreement with the EK Cooling Solutions on the terms set out herein;
if you are buying our Product(s) as a corporate entity including, without limitation, any company or partnership (or other type of legal entity that is not a natural person), such entity is duly incorporated, registered and validly existing under the applicable laws of the jurisdiction in which the entity is established;
if you are buying Product(s) for or on behalf of an entity or person, you are authorized to accept these Terms of Sale and enter into a binding agreement with EK Cooling Solutions on such entity’s or person’s behalf (and in such circumstances, references in these Terms of Sale “your” or “you” will be a reference to the entity or person on whose behalf you are authorised to make a contribution);
you will not use Product(s) to finance, engage in, or otherwise support any unlawful activities;
all of the above representations and warranties are true, complete, accurate and non-misleading from the time of your access to and/or acceptance of possession of these Terms of Sale.

3.7. Limitation of Liability

EK Cooling Solutions is not responsible for any modification or damage to, or loss of any programs, data, or other information stored on any media or any part of any Product(s) serviced by EK Cooling Solutions, or stored or hosted by EK Cooling Solutions in connection with a Software service EK Cooling Solutions provides, or for the seeking of Software support. Any Product(s) or Software sent to EK Cooling Solutions for support may be returned to you configured as originally provided to you by EK Cooling Solutions.

EK Cooling Solutions’s entire liability for any and all claims arising out of, or in connection with, these Terms of Sale is limited to the amounts you actually paid to us under the Terms of Sale. Further, neither EK Cooling Solutions nor EK Cooling Solutions employees are liable for any incidental, consequential, punitive damages, or other damages, or loss of profits, loss of revenue, loss or corruption of data or information, loss of use of the EK Cooling Solutions product or Software, or any associated equipment, costs of cover, downtime and user time, or for breach of any express or implied warranty or conditions, breach of contract, negligence, strict liability, or any other legal theory related to Products or the Software. Except to the extent prohibited by applicable law, any implied warranty of satisfactory quality or fitness for a particular purpose applying to Products or Software is limited in duration to the duration of the warranty specified above. Some countries do not allow the exclusion or limitation of incidental, consequential, or specified other damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply, or may not fully apply to you.

3.8. RMA Procedure

You can start RMA procedure through your web shop account under My returns, where you can choose the Product(s) you want to return and the reasons for return in the drop-down menu. In case you placed an order without creating a web shop account (as a guest), you will have to create a web shop account before starting RMA procedure and manually enter the Product(s) to which your claim is related.

Please follow the RMA instructions below:

Print out the RMA document.
Scan or take a photo of the filled-out RMA document and attach it to the portal as requested.
Securely pack the device(s), preferably in original packing and mark the package with the provided RMA number. Include the RMA document in the package.
Print out and affix the shipping label to the package.
Send the package to the address stated on the shipping label.

EK Cooling Solutions reserves the right to reject returns not requested timely, returns without a Return Merchandise Authorisation (RMA), returns to the wrong address, returns not packed and labelled, or enclosed with all required documentation as stipulated herein, or returns containing products not meeting the required condition.

3.8.1. Returns

All returns must be returned to the address indicated on the RMA form or shipping label. Returns that don’t qualify for defect liability or warranty coverage will be repaired and/or returned to customers at their own costs. Your purchase of any Product is governed by the limited warranty provided with that Product. Product needs to be returned in 14 days after RMA is approved by EK Cooling Solutions. In contrary EK Cooling Solutions is not obliged to fulfil its obligations under RMA Procedure.

3.8.2. Shipping of Returned Products to EK Cooling Solutions

The costs associated with the return shipping in case of returns for convenience shall be entirely borne by the customer.

EKCS will cover the possible costs from EKCS to EKCS’s service center and back to EKCS, as well as the shipping costs for the delivery of repaired or replaced products back to you.

All shipped packages from EKCS are fully insured. If you receive a damaged package, you must notify us immediately by e-mail (link: [email protected]). Sending back damaged merchandise voids the shipping insurance and no credit will therefore be given. Damaged packages must be held for seven calendar days with original packaging for courier's company inspection. We will send you new Products free of any expenses.

Please ship the return package using a carrier that provides a tracking number and proof of delivery. We recommend DHL, UPS, or FedEx. EKWB will not be responsible for items lost by the carrier, but will help you resolve the issue with the delivery courier. Valid proof of delivery must include the receipt signature of an authorized EKWB employee.

4. GENERAL PROVISIONS

4.1. Not for Resale or Export, Anti-Corruption Clause

Products thereof supplied by EK Cooling Solutions under these Terms of Sale are subject to export controls by the applicable countries’ laws and regulations.

You shall comply with such laws and regulations governing export, re-export, import, transfer and use of Products and will obtain all required local authorizations, permits, or licenses. EK Cooling Solutions and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

You shall not export Products without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom EK Cooling Solutions is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any Products with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of an Product. You shall defend, indemnify, and hold EK Cooling Solutions harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

You also represent and warrant that your officers, employees and agents shall comply with the anti-corruption laws of your resident country and the Laws of the Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

4.2. Notices

Any notice or other communication given by either party to the other regarding these Terms of Sale will be deemed given and served.

4.3. Prices and Taxes

Prices will be as quoted in writing by EK Cooling Solutions or, in the absence of a written quote, as set out on our website, customer-specific portal, or EK Cooling Solutions published list price at the time an order is submitted to EK Cooling Solutions. Prices are inclusive of taxes, duties, and fees (including shipping and handling) unless provided otherwise by EK Cooling Solutions.

4.4. Force Majeure

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

4.5. Intellectual Property

No transfer of ownership of any intellectual property will occur under these Terms of Sale. You may not sublicense, assign, transfer, rent or lease the Software or Software license except as permitted by EK Cooling Solutions.

4.6. Electronic communications

When you use any EK Cooling Solutions service, or send e-mails, text messages, and other communications from your desktop or mobile device to EK Cooling Solutions, you are communicating with EK Cooling Solutions electronically. You consent to receive communications from EK Cooling Solutions electronically. You agree that all agreements, notices, disclosures, and other communications that EK Cooling Solutions provides to you electronically satisfy any legal requirement that such communications be in writing.

4.7. Business integrity & Severability

You shall comply with all relevant laws and international agreements to secure lawful business with highest integrity standards as they are required in industry.

In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

4.8. Governing Law and Jurisdiction

Place of fulfilment and performance for any obligation arising in context with our deliveries is Texas, United States.

The place of jurisdiction shall be Texas, United States and its competent courts. Governing Law shall be the law of State of Texas with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

4.9. Entire Agreement

The failure of EK Cooling Solutions to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. These Terms of Sale and any related terms and policies operating rules posted by EK Cooling Solutions on this site constitutes the entire agreement and understanding between you and EK Cooling Solutions and govern your use of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale). Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

4.10. Changes to Terms of Sale

You can review the most current version of the Terms of Sale at any time at this page. EK Cooling Solutions reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to EK Cooling Solutions website. It is your responsibility to check website periodically for changes. Your continued use of or access to EK Cooling Solutions website or the Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.