Welcome to Martfury Online Shopping Store !

General conditions of use and sale

Last updated on 14 February 2021.

These conditions of use describe and regulate the activities of all users of the Website. By using the Website you agree to abide by the Conditions and other guidance and policies of Coolorca. For some services of the Website or Coolorca additional terms and conditions may apply. Please read carefully these Conditions, our Privacy Policy , Acceptable Use Policy and other relevant guides here.

Coolrca.com, Inc. and its affiliates Coolorca Ltd. UK, and others (hereinafter Coolorca) provide website functions and other products and services to individual users and businesses when they visit or shop at www.coolorca.com (hereinafter Website). All said products and services are subject to and described in these General conditions of use and sale. Please see our Privacy Policy, our Cookies Policy, and our Interest-Based Ads Policy to understand how we provide the services and collect and process your personal information. 

ACCOUNT AND MEMBERSHIP

Only registered users can access all the functions and services of the Website. You will be required to register an account with us and log in every time you want to use our services and have a valid payment method associated with your account. You will be asked to provide valid contact details and some sensitive information. Please see our Privacy Policy to learn how we treat and process your sensitive information.

When you register on the Website, you will receive your unique login and password. You are responsible for maintaining the security of your login details, including but not limited to restricting access to your devices. Coolorca do not store your password, if you lose it - you will need to reset it. 

We may monitor and review new accounts before you may sign in and use our services. You are required to provide correct and complete contact details and to notify Coolorca about any changes thereof. Providing false contact information of any kind may result in the cancellation of your account. You can access and verify your information in the  Your Account section of the website.

You are responsible to the extent permitted by law for all purchases made under the account and any other actions taken under it. Never share your login details with a third party. You will be liable for all purchases made under your account. 

If you suspect your account security has been compromised, please contact us immediately. Coolorca is not responsible for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 

Your account may be suspended or cancelled if we discover that you have taken any actions that do not comply with these Conditions of Use or that your conduct or content may damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Your account may be suspended or cancelled if you use the Website 1)in any way that causes or is likely to cause any damage or interruption to our Website 2) for fraudulent purposes or in connection with any unlawful activity 3) to cause annoyance, inconvenience or anxiety.

Your account will be suspended or cancelled if your behaviour does not comply with applicable legislation, our policies or guidelines, contractual provisions, which all can be found on this Website. 

UNACCEPTABLE USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

RECOMMENDATIONS AND PERSONALISATION

Coolorca aims to create a positive and personalized shopping experience. As part of this experience, we may identify your preferences and based on your preferences we may recommend features, products, and services, including third part ads that might be of interest to you.

ELECTRONIC COMMUNICATIONS

When you use the Website, integrated website messaging system or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website. By using the Website you agree that all agreements, notices, disclosures and other communications that we provide you electronically are considered as valid as such communications made in writing unless mandatory applicable laws specifically require a different form of communication.

OUR ROLE

Coolorca Website is a page where Sellers display their goods and services to be purchased by Buyers. This is a service where Buyers and Sellers negotiate agreements and complete their transactions. All product listings contain a detailed description posted by the Seller regarding what their Goods / Services consist of. While Coolorca as a service provider helps facilitate operations between Buyers and Sellers, Coolorca.com, Inc is neither the buyer nor the seller of any of the listed items. Any sales contract concluded via the Website is solely between a Buyer and a Seller. Coolorca.com, Inc. is not a party to this contract nor bears any responsibility under the contract, nor can be regarded as a Seller’s agent. The seller bears all the responsibility under any sales contract, including dealing with customer feedback and claims. Coolorca.com, Inc. intends to provide a positive experience for Buyers and Sellers and designs all guiding policies with the best interests of both parties in mind.

USER CONTENT AND COPYRIGHT

All visual content and design available on the Website, such as text, graphics, logos, button icons, images and videos are the intellectual property of Coolorca or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content included in or made available on the Website is the exclusive property of Coolorca and is protected by Luxembourg and international copyright and database right laws. 

Such content may not be extracted and/or reused partly or fully without Coolorca’s express consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the content of the Website without our express written consent. You may also not create and/or publish your database that features parts of the Website or its database (e.g. our prices and product listings) without our express written consent.

We do not own any data, information or material ("Content") that our Content suppliers (Sellers) upload on the Website in the course of using the Service. The Seller shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

If you suppose your copyright or trademark rights have been violated, please notify Coolorca thereof and provide details of your copyright and trademark concerns. If you are not the rights owner, Coolorca will not be able to process your allegation. 

Sellers may report inappropriate listings, other sellers, policy violations, etc. 

Buyers may report problems with orders, seller policy violations, etc.

Coolorca do not enforce

Barcode, EAN, UPC Infringement. Barcodes, EANs, and UPCs are used to store product information only and do not imply intellectual property protection.

Listing Ownership and Image Restrictions. When a listing is created, it becomes a permanent catalogue page on www.coolorca.com that will remain even when the Seller’s inventory sells out. When a Seller adds their copyrighted image to a listing, they grant Coolorca and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over said copyrighted material.

Other sellers can list their items for sale against pages that you have created or added your copyrighted images to. However, we do require sellers to list only against listing pages that exactly match their items. If you believe sellers are listing against pages that do not exactly match their items, we ask that you report the violation to Coolorca.

If your copyrighted image has been added to our catalogue without your consent, please report this infringement to Coolorca. Coolorca does not provide legal advice, however, we encourage all users to ask their questions regarding their rights as users of Coolorca, and you may receive legal advice from a professional.

ACCESS RIGHTS

Subject to your compliance with these Conditions of Use and any additional applicable terms and your payment of any required fees, Coolorca or its content providers offer you a limited, non-exclusive, non-transferable, non-sublicensable right to access and make personal and non-commercial use of the Website. This right does not include any resale or commercial use of any Website contents. Any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is strictly forbidden.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Coolorca and its suppliers, rights holders or other content providers. No Website content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any Coolorca logo or other copyright information (including images, text, page layout, or form) of Coolorca without our express written consent. You may not use any meta tags or any other "hidden text" utilising Coolorca name without our express written consent.

Coolorca Website and its services must be used only as designed and as permitted by law. Any other use of the Website is not permitted. Your account may be suspended or cancelled if you do not abide by these Conditions. 

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or any related Service has been modified or updated.

ADULT CONTENT

Please be aware that there may be certain adult or mature content available on the Website. A warning will be shown to the User before adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Website may not be available to children under 18 under any circumstances.

BILLING AND PAYMENTS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

THIRD-PARTY SERVICES

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or how they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Coolorca.com, Inc. concerning such other services. Coolorca.com, Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Coolorca.com, Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.

AFFILIATE LINKS

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Coolorca.com, Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send messages and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not, in the absence of a valid written notice, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on the Website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Website, please notify us at support@coolorca.com and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Coolorca (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material are accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Coolorca for all claims brought by a third party against Coolorca arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. By deleting content from public view, you withdraw your license for Coolorca to publish and make available that content publicly.

INTELLECTUAL PROPERTY CLAIMS

Coolorca respects the intellectual property rights of its users or third parties. If you suspect that your intellectual property rights have been violated by Coolorca or one of our users, please contact us to file a claim. 

This Agreement does not transfer to you any intellectual property owned by Coolorca.com, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Coolorca.com, Inc. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Coolorca.com, Inc. or Coolorca.com, Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Coolorca.com, Inc. or third-party trademarks.

OTHER BUSINESS

Parties other than Coolorca operate stores, provide services, or sell products on the Website. Coolorca provides links to the sites of affiliated companies and other businesses that can advertise on the Website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Coolorca have no responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

OUR LIABILITY

We do our utmost to provide available and uninterrupted service, but we cannot guarantee that it will be completely error-free. Access to your account or certain functions may also be occasionally suspended or restricted due to repairs, maintenance or modernization works. We will attempt to reduce the frequency and duration of any such interruptions.

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Coolorca will not be held liable for any interruptions caused by any circumstances which are beyond our control. This condition does not affect your legal customer right to receive goods or services within a reasonable time or to receive a refund if goods or services ordered cannot be provided within a reasonable time.

BACKUPS

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our purposes. We make no guarantee that the data you need will be available.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

APPLICABLE LAW AND DISPUTE RESOLUTION

Coolrca.com, Inc. and all Website users commit to following the guidelines and policies of Coolorca and general best practice principles. Coolorca.com, Inc. and all users will make genuine effort to resolve all disputes amicably, through direct and transparent communication and with good will. In case any dispute arises, all the involved parties will contact Coolorca.com, Inc. administration first, and we will act as a mediator in the dispute, applying our policies and best practice. Only if these measures fail shall any of the parties resort to court arbitration. All issues need to be raised with Coolorca.com, Inc. administration in writing or via electronic communication, using the channels provided on the Website.

The formation, interpretation, and performance of these conditions and any disputes arising out of them applicable to legal residents of the EU and the UK, shall be governed by the substantive and procedural laws of the United Kingdom, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Kingdom. 

The formation, interpretation, and performance of these conditions and any disputes arising out of them applicable to non-EU or non-UK residents, shall be governed by the substantive and procedural laws of Wyoming, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. 

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Arbitrary Courts of the UK for the EU and UK residents, and in courts located in Wyoming, United States for non-EU and non-UK residents. You hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Conditions of Use. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 

Any dispute or claim relating in any way to your use of any Coolorca service, or any products or services sold or distributed by Coolorca or through coolorca.com Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. 

To begin an arbitration proceeding, non-EU and non-UK residents must send a letter requesting arbitration and describing their claim to our registered agent Corporation Service Company, 30 N. Gould St., Ste. R, Sheridan, Wyoming 82801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available  here or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Coolorca will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location. 

To begin an arbitration proceeding, EU and UK residents must send a letter requesting arbitration and describing your claim to Suite 9, 2 Bicycle Meuse, London SW4 6FE UK.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights. 

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here:  . If you would like to bring a matter to our attention, please contact us .

The formation, interpretation, and performance of this Agreement and any disputes arising out of it applicable to non-EU and non-UK residents shall be governed by the substantive and procedural laws of Wyoming, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it applicable to EU and UK residents shall be governed by the substantive and procedural laws of the United Kingdom, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Kingdom. 

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the corresponding courts located in Wyoming, United States or London, the UK, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 

Any dispute or claim relating in any way to your use of any Coolorca Service, or any products or services sold or distributed by Coolorca or through Coolorca.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights. 

DISCLAIMER

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

INDEMNIFICATION

You agree to indemnify and hold Coolorca.com, Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part. 

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall apply and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. 

EXPORT CONTROLS

You agree that you will not export, re-export, or transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organisation, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organisations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions)."

CHILDREN

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you confirm that you are at least 18 years of age. We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Website under the supervision of a parent or guardian.

CHANGES AND AMENDMENTS

We reserve the right to modify these Conditions or its policies relating to the Website or Services at any time, effective upon posting of an updated version of these Conditions on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

ACCEPTANCE OF THESE CONDITIONS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. 

CONTACT US

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@coolorca.com

GENERAL CONDITIONS OF SALE

These General Conditions of Sale determine the sale of products via the www.coolorca.com Website to end-users. For conditions describing the sale by third parties to you see our Affiliate Links paragraph. Additional terms and conditions may apply to some categories of goods, please see our Restricted Goods Policy. By using the Website you agree to be bound by these General Conditions of Sale. 

Please read these conditions carefully before placing an order on the Website. By placing an order you confirm that you have read and agreed to the General Conditions of Sale and agree to commit to these conditions. 

A SALE CONTRACT

When you place an order to purchase a product from Coolorca Website, you are making an offer to Coolorca to buy merchandise from a registered Seller of the merchandise. After an order has been placed, you will receive an e-mail confirmation containing the details of your order and a receipt of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is a confirmation that Coolorca has received your offer and passed it on to the Seller. The Order Confirmation Email does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when the merchandise is dispatched to you. You will receive a confirmation by email that the Seller has dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Coolorca. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of non-returnable merchandise, please see the full Refund Policy for the detailed list of non-returnable goods.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Our Website is designed for retail sales to individual customers, not for wholesale. Coolorca sells products on the Website only in quantities that correspond to the typical needs of an average household. This is true about the number of items per single order and the number of orders placed for the same product.

RIGHT OF RETURN OF GOODS THAT DO NOT MEET THE BUYER’S EXPECTATIONS, EXCEPTIONS TO RETURNS AND OUR 60-DAY RETURNS GUARANTEE 

STATUTORY RIGHT OF CANCELLATION

Unless one of the exceptions listed below applies, you can cancel your order and request a refund without giving any reason within 7 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately). Please see the conditions of returns for goods that do not meet the buyer’s expectation. 

To inform Coolorca of your decision to cancel your order, you need to submit a cancellation request to the Seller via the Website. The Seller is in charge of processing the cancellation and the refund, please read the detailed instructions on returns in our Refund Policy here. If your merchandise is eligible for a free return, your Seller will give you the instructions on the collection or dropoff return.  

For additional information on the scope, conditions and instructions regarding returns, please contact us at refund@coolorca.com.

EFFECTS OF CANCELLATION

If you cancel an order or a part of your order, the outstanding payments will be revised and your right to a refund will apply. The refund will be processed in due course according to Coolorca Refund Policy and with regard to applicable return conditions. 

Please note that certain return conditions may apply, and you may need to send back the merchandise. By placing an order, you agree to be bound by the return and refund conditions for the merchandise you purchase and therefore are deemed responsible to follow the return and refund instructions provided in our Refund Policy here. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXEMPTIONS TO STATUTORY RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) due to the nature of such content;
  • the delivery of newspapers, journals or magazines with the exception of subscription contracts for the supply of such publications;
  • the supply of alcoholic beverages whose actual value is dependent on fluctuations in the market which we cannot control
  • other non-returnable items, including but not limited to:
  • personal care appliances.
  • all inner apparel, socks, gym supporters, guards, swimsuits.
  • fertilizers, seeds, etc.
  • beauty (item is non-returnable due to hygiene and personal care nature of the product).
  • household supplies.
  • all cleaning, painting & decor supplies.
  • Nutrition.
  • vitamin and mineral supplements.
  • contact lenses and related products
  • health care products.
  • medicines
  • grocery & gourmet
  • lingerie/socks/inner-wear are non-returnable due to hygiene conditions. However, in the unlikely event of a damaged, defective or different item delivered to you, we will provide a full refund or replacement if available.
  • gold and jewellery.
  • car tires, car care, chemicals & fluids, engine oils
  • occupational health & safety products (masks, gloves, safety glasses etc.)
  • lead-acid batteries.

OUR 60-DAYS RETURNS GUARANTEE

To guarantee a pleasant shopping experience to your Buyers, and without prejudice to their statutory rights, Coolorca offers a 60-days return guarantee.

All merchandise purchased via the Website (except for the non-returnable items listed in our Refund Policy) can be returned and the corresponding refund will be processed and issued within a maximum period of 60 days. 

Please note that terms and conditions apply to returned items and their labelling and packaging. 

If you return any merchandise under this 60-days returns guarantee, the refund applies to the purchase price that you paid, but not the delivery costs of your initial purchase. If the items you return are not eligible for a free return shipment, you are liable for the transportation costs. Our returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above. 

Please see our Refund Policy for more details here.

PRICING AND AVAILABILITY

All prices on the Website include a legally applicable VAT unless specifically stated otherwise.

We do our best to provide accurate information about the availability of our merchandise. However, due to the nature of the business, we cannot guarantee the complete availability of all goods at all times. The availability of each product is indicated on the product’s listing page. Beyond that, we cannot guarantee more accurate availability information. As we process your order, if some of the products you ordered become unavailable, we will inform you by e-mail as soon as possible and you will not be charged for those products.

We encourage our Sellers to provide as accurate information as possible about delivery times. But due to the nature of the business, all delivery times are estimates. They are not guaranteed delivery times and should not be relied upon as such. We will make every effort to provide and update delivery information and an authentic tracking number. 

Due to the nature of the business, a small number of the items on the Website may be mispriced. All prices will be verified when your order is processed and before payment is taken. If the mispriced product turns out to be more expensive than indicated on our website, we will contact you before processing to check if you still want to go ahead with the purchase at the correct price or cancel your order. If a product's correct price is lower than indicated on the Website, we will process the order and charge you the lower price.

PRODUCT INFORMATION

Coolorca and its associates are not the manufacturers of the products sold on this website. We make all effort to ensure accurate and correct marking and packaging of all merchandise, however actual product packaging and details may differ slightly from the information on the Website, including materials, ingredients, etc. All information about the products on our website is provided as guidelines. We recommend that you do not rely exclusively on the product description on the website, and always read labels, warnings and directions for the product.

For any healthcare and beauty products, in the event of any safety concerns or allergy advice or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer directly. Information on the Website may never substitute for medical or pharmaceutical advice or other specific professional information. If you have or suspect having a medical condition, please seek the advice of a medical professional before purchasing any healthcare products. Product description and information on the Website cannot be used to diagnose, treat, cure or prevent any disease or medical condition. Coolorca accepts no responsibility for inaccuracies or misleading information about products by manufacturers or other third parties. This does not affect your statutory rights.

CUSTOMS

All orders from the Website that involve international delivery may be subject to customs duties and import taxes. Your parcel may have to go through customs clearance procedure once it reaches the country of destination. You are responsible for any customs duties and other taxes payable related to your parcel; we have no control over these procedures or charges. Customs policies vary widely from country to country, so you should get expert advice or contact your local customs office for detailed information. Please note that when placing an order on the Website you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. You may be requested to provide a particular form of identification before your parcel is released, such as your Unique Identification Number, CPF, or Tax ID. You can include this when you Add a New Address to Your Account. If the destination country requires this information, you'll have the option to include it here. Please be aware that international shipments can be subject to opening and inspection by customs authorities. 

Generally, customs forms for international parcels will list the value of the contents of your order by product type. Customs forms for non-EU shipments show the value of items included in the delivery by product type. We reserve the right to provide such information to customs in order to simplify the process for our customers or due to legal obligations. Customs can open and control packages, we have no influence over that.

If the order is a gift, the package will be marked "Gift". The prices of the articles are nevertheless shown in the customs form. We are currently unable to describe the content in any other way.

The recipient of an international shipment may be subject to import duties and taxes, which are levied once a shipment reaches your country. As a rule, additional charges for customs clearance must be borne by the recipient .

Any orders placed on the Website and shipped into the United States may be subject to additional US state and local sales taxes. shipped into the United States to states with Marketplace Facilitator legislation, additional US state and local taxes may apply.

1-CLICK PURCHASE

1-Click purchase is a fast and easy way to shop on our Website. For your safety, if you are using a public or shared device for your shopping, we strongly recommend that you deactivate this feature when you are not on the computer. 

OUR LIABILITY

Coolorca.com, Inc. and its associates cannot be deemed liable for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.