Purchase Terms and Conditions

Consumer Purchase Terms and Conditions

Last updated January 12, 2026

Welcome! These Consumer Purchase Terms and Conditions (the “Terms”) are the legal agreement between you (“You” or “Customer”) and Prowaken LLC, a Delaware corporation (“we,” “us,” or “our.”). They apply to every product you buy from us in the United States. By placing an order—online, or by using the product—you’re agreeing to these Terms, so please take a moment to read them carefully. They outline your rights and responsibilities, and they also explain that any disputes will be resolved through arbitration rather than a jury trial or class action, and that certain claim-related rights are waived.

1. Application

These Terms cover the purchase and use of our Products. Other interactions you have with Prowaken are governed by additional agreements, including:

Limited Warranty Terms
Terms of Use
Privacy Notice
Owner’s Manual

All of these documents, along with these Terms, are available on our website for your reference.

2. Product Online Orders

When you place an order online, you’re making an offer to buy. We’ll send you an email confirming we’ve received your order. Your order is considered accepted once we ship the product. We reserve the right—at any time, even after sending a confirmation—to decline, cancel, or limit quantities for reasons such as errors or suspected fraud.

From time to time we may run special offers, promo codes, or referral programs for certain sales or product launches. These offers cannot be combined, and we may end or pause them whenever we wish.

3. Shipping

Contiguous United States – Cold-Plunge orders ship for a flat $300 (pre-tax). All other products ship based on size, weight, and destination.

We do not ship to PO Boxes, APO/FPO addresses, Puerto Rico, other U.S. territories, or all ZIP codes in Alaska and Hawaii.

a. You’ll receive a shipping-confirmation email once your order ships.

b. We use XPO, UPS, FedEx, or another reputable carrier (no PO Boxes or APO).

c. Discounted items may need an extra 48 hours to process.

d. Online orders cannot be modified or canceled after they’re placed.

e. We aren’t responsible for loss, theft, or damage caused by the carrier.

f. Returns are your responsibility; shipping costs are non-refundable. We recommend a trackable service. For warranty and claim details, see our Limited Warranty Terms (incorporated by reference).

g. For any third-party shipping outside our normal process, we cannot provide additional documentation.

4. Ownership

a. Title and risk of loss transfer to you when we hand the product over to the carrier.

b. If we haven’t received full payment before delivery, the product remains our property until payment is complete. We may terminate your right to use the product if payment isn’t received, if the card is declined, or if the issuer requires a reversal—for any reason.

5. Return Policy

a. To return an item, start the process by emailing support@prowaken.com. Returns that don’t follow this procedure won’t be refunded.

b. Order cancellations: Online orders cannot be changed or canceled once placed. Pre-orders ship according to the estimated date on the product page; in-stock items usually ship within 7 business days of payment confirmation.

c. Return to sender / refused shipment: If a package is returned to us or you refuse delivery, you’ll cover the return-shipping fees (see the schedule in subsection h).

d. Non-returnable merchandise: Spare or replacement parts (e.g., filter cartridges, gift cards) are not refundable. Please double-check your order for accuracy.

e. New product returns: You may return a new product within 30 days of receipt, provided it’s in brand-new condition and its original packaging. A $300 return-shipping fee applies and will be deducted from your refund.

f. Used products: Not eligible for return.

g. Accessories & merchandise: Not eligible for return.

h. Spare parts: Not eligible for return.

i. Refunds:

If a discount code was used, the full discount amount is subtracted from the refund, even if you return only part of the order.
Refunds are issued after we receive and inspect the returned product.

j. Process: Ship approved returns using the label we provide during the return-merchandise-authorization (RMA) process.

6. Product Performance

The temperature-range and filter-replacement estimates on our site or in manuals are guidelines only, not guarantees. Real-world performance varies with ambient temperature, sunlight, altitude, water quality, usage habits, and other conditions. We may substitute parts or materials of equivalent quality that meet our standards.

Any modifications you make to a product after purchase that affect safety, operation, or mechanics may void the Limited Warranty and are undertaken at your own risk. Prowaken is not liable for any such alterations.

7. Product Safety and Waiver of Liability

Please read this carefully before completing your purchase.

If you don’t follow these terms, you assume full responsibility for any personal injury or property damage that results from using the product, and you waive any related claims to the fullest extent permitted by law.

a. Age restriction: Anyone under 16 may not operate a Prowaken product. You’re responsible for ensuring the operator meets the minimum age and complies with local regulations.

b. Minor operators: If a minor uses the product, the minor and their parent/guardian assume full responsibility for any actions and waive any claims (including personal injury or property damage) to the fullest extent allowed by law. See subsection 8(e) for additional details.

c. Risk acknowledgment: Using the product involves inherent risks, including serious injury or death. You accept full responsibility for those risks.

d. Proper assembly & maintenance: Incorrect assembly, maintenance, or use can cause failure, injury, or death. Please read the entire owner’s manual and any accessory documentation before use. You’re responsible for proper upkeep and re-assembly.

e. Release: To the fullest extent permitted by law, you release and hold harmless Prowaken from any liability, claim, or demand arising from injury, death, loss, or damage caused by your use of the product—including claims based on negligence or design defects.

8. Pre-Orders, Backorders, and Cancellations

Pre-orders and backorders are for products currently out of stock. Your credit/debit card will be charged immediately when you place such an order, regardless of the shipping date. Cancellations follow the same policy outlined in Section 6(b).

9. Payments

All payments are processed through Shopify’s payment portal. We may decline or reverse a payment at our sole discretion, for any reason—or no reason at all. If we accept a pre-order, your payment method will be charged upon our approval, even if the product ships later. Any chargeback will pause the Limited Warranty for that order until the dispute is resolved.

a. Taxes: Applicable taxes (including sales tax) will be collected where required.

b. Financing: Qualified customers may finance purchases through our financing partners. Financing terms are set solely by the partner; Prowaken is not responsible for those terms.

10. Liability

We are liable only for losses that are a direct result of our breach of these Terms, are reasonably foreseeable, and fall within the limits set out here and in our policies. Our maximum liability is limited to the purchase price of the product(s) that gave rise to the loss or injury.

We are not liable for any other losses or injuries, except where the law prohibits us from limiting liability, including:

Death or personal injury caused by our gross negligence.
Fraud or fraudulent misrepresentation.
Any matter that cannot legally be excluded or limited.

You may have additional rights under applicable law; these Terms do not diminish those rights. We recommend checking your own insurance coverage and reviewing the waiver of subrogation in Section 15.

11. Disclaimer of Implied Warranties

To the fullest extent allowed by law, our products are warranted only as expressly stated in the applicable product warranty that accompanies your purchase. Otherwise, they are provided “as is,” “with all faults,” and “as available,” and the risk of use rests with you. Prowaken, its affiliates, suppliers, and licensors make no express or implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement. Specifically, we do not warrant that:

The products will meet your requirements or be continuously available.
Information obtained through our site will be completely accurate or reliable.
Any defects or errors will be corrected.

12. Disclaimer of Certain Damages

To the maximum extent permitted by law, Prowaken, its affiliates, suppliers, and licensors will not be liable for any:

Consequential, special, incidental, indirect, or punitive damages.
Loss of profits, business, goodwill, anticipated savings, or use.
Data corruption, loss of confidential information, or business interruption.
Pain and suffering related to alleged personal injury.
Property damage exceeding the liability limit in Section 12.
Loss of privacy, failure to act in good faith, negligence, or any other pecuniary loss arising from these Terms or the products, even if we were warned of the possibility.

13. Acknowledgment and Indemnification

You recognize that using our products carries both anticipated and unforeseen risks, which could result in injury, death, illness, or property damage. You agree to:

Release, waive, defend, indemnify, and hold harmless Prowaken, its directors, officers, employees, agents, partners, suppliers, and licensors from any claim or demand (including reasonable attorney fees) arising from:
a. Your purchase or use of any product;
b. Any breach of these Terms; or
c. Violations of any third-party rights or applicable law.

Prowaken may, at its own expense, assume exclusive control of the defense of any matter you’re required to indemnify us for, provided you cooperate fully.

14. Waiver of Subrogation

By agreeing to these Terms, you will maintain your own insurance coverage as you see fit and waive any right of subrogation that your insurer might have against Prowaken or its affiliates. You’ll ensure your policies contain a clause that waives subrogation rights toward us. In the event of a loss exceeding our liability limits, you’ll look to your insurance proceeds—not to us—for recovery.

15. Dispute Resolution and Binding Arbitration

What this means for you:
You and Prowaken agree to resolve any dispute—whether based on contract, tort, or any other theory—through binding individual arbitration rather than a court trial, jury trial, or class action. This also limits certain discovery rights, except as provided by the American Arbitration Association’s (AAA) Consumer Arbitration Rules.

a. The arbitration covers any claim related to your purchase, these Terms, or our marketing.

b. You may still pursue individual claims in small-claims court if you qualify.

c. Prowaken will pay the arbitration fees.

d. Arbitration will be administered by the AAA under its Consumer Arbitration Rules (call 800-778-7879 or visit www.adr.org).

e. Discovery is allowed as set out in the AAA rules.

f. The arbitrator has exclusive authority to decide any issues about the scope, meaning, or enforceability of these Terms. Their award is final, binding, and can be entered as a judgment in any competent court.

g. Claims cannot be arbitrated on a class or representative basis; only individual arbitration is permitted. If any part of this arbitration clause is found unenforceable, the remainder stays in effect.

h. The arbitration will be confidential; details will not be disclosed except as required by law or regulatory bodies.

i. This arbitration is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

16. Notice and Updates

We will provide any required notices (including legal process) by the method you’ve given us—email, mail, or posting on the site. It’s important that you keep your contact information up-to-date; otherwise, we may be unable to reach you.

Please send any formal notice to:

Prowaken LLC – Legal Department
Email: legal@prowaken.com

17. Governing Law

These Terms and any disputes between you and Prowaken are governed by the laws of the State of Washington, without regard to conflict-of-laws principles.

18. General

Section titles are for convenience only and do not affect interpretation.
Lists introduced by “including” or “e.g.” are illustrative, not exhaustive, unless otherwise specified.
Our failure to act on a breach does not waive our right to act on future breaches.
A waiver is only effective if it’s a written document signed by Prowaken.
If any provision is found illegal, invalid, or unenforceable, the remaining provisions stay in full force.
We may assign our rights and delegate obligations under these Terms (with or without notice). The Terms bind our successors and assigns. You may not assign, transfer, or sublicense your rights.
These Terms (together with any incorporated documents) constitute the entire agreement between you and Prowaken regarding the site. Both parties acknowledge that no other statements, representations, or warranties—outside what is expressly set out here—form part of this agreement.
Nothing in this section limits or excludes liability that cannot be limited or excluded by law. Only you and Prowaken (or our successors/assigns) have enforcement rights under these Terms.

19. R-E-S-P-E-C-T (Find Out What It Means to Us)

We strive to be respectful, kind, patient, and friendly in every interaction. When you contact our support team, we understand you may be frustrated—issues happen! However, we will not tolerate rude or vulgar language toward our staff. If such behavior occurs, we’ll issue a warning first. Continued disrespect may lead us to refuse service, terminate your account, deny refunds, void warranties, or cancel orders—decisions that are final and not reversible.

20. How to Contact Prowaken

If you have any questions, comments, or concerns about these Terms, feel free to reach out through any of the channels listed on our website (www.prowaken.com) or by mail: