Terms & Conditions

Payments and Processes of Invoices

Frosty Bar has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Frosty Bar prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Frosty Bar has all the discretion to cancel or deny orders. Frosty Bar is not responsible for pricing, typographical, or other errors in any offer by Frosty Bar and reserves the right to cancel any orders arising from such errors. Invoices must be paid via PayPal before an order will be shipped.

Refund Policy

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if “non-faulty” accounts are cancelled within two weeks of the payment a full refund, will be given.”

Risk of Loss

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Pricing & Descriptions

The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

Editing, Deleting and Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Acknowledgment of Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Fraud

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Frosty Bar shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Frosty Bar. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-waiver

Failure of the Frosty Bar to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the substantive laws of Ohio, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ohio, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Acceptance of Terms

This Agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.

Modifications of Terms of Use

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of this Site

The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools; (b) collecting information about users’ personal information;  (c) take any action that may damage the rating system.

Registration Information For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Frosty Bar’s Privacy Policy.

Term

This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by using the contact form on the contact page. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

Non-Commercial Use by Members

Members on this website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Frosty Bar and should not use the site for any purpose.

Links & Famings

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken.

Warranty Disclaimer & Exclusions/Limitations of Liability

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of Ohio, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Ohio, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.