In these Rules, unless the context otherwise requires, the following terms have the following meanings and are an integral part of them:
Marketplace - the website Cool Orca mobile application, which are a service that provides access to information about products intended for potential Buyers (consumers).
The owner of the Trading Platform is Cool Orca.com, Inc. Cool Orca LTD or its affiliates: LLC Fox Net Store | Spy Orca.com
Buyer - any individual using the Marketplace under the terms of these Rules.
Seller - an individual entrepreneur, legal entity or self-employed citizen engaged in the sale of goods and offering the Buyer to conclude a contract for the sale of the Goods by placing the Goods on the Marketplace.
Goods are the subject of a sales contract concluded between the Buyer and the Seller. The Seller is the owner of the Goods being sold. All relationships related to the purchase and sale of the Goods arise between the Seller placing the Goods on the Marketplace and the Buyer.
Personal Account - a personal section of the Marketplace that is not accessible to third parties and serves for the purpose of placing Orders and processing Services, as well as receiving special offers in accordance with these Rules, access to which is carried out after registration by entering the Buyer's authentication data.
Pickup Point - a separate subdivision of Cool Orca, which issues Orders to Buyers who have indicated the address of the corresponding Pickup Point as the place of delivery.
«Order pickup point» - An automated terminal for the issuance of goods.
Order - the implementation by the Buyer of actions aimed at concluding an agreement for the provision of services for the delivery of the Goods, as well as an agreement / agreements for the sale of the relevant / relevant Goods / Goods with Cool Orca and / or other Seller / Sellers, by placing an order for these services and Goods on the Marketplace.
Services - delivery services provided by Cool Orca to the Buyer in respect of Goods purchased by the Buyer from Cool Orca or other Sellers on the Marketplace. Delivery of goods "to the door" - delivery of goods to the address specified by the Buyer, different from the addresses of the Points of issue of orders and the addresses of "Order pickup point"
A promotional discount is a discount that is provided for a specific Product. The discount amount is indicated on the Product page. The price of the Goods is indicated taking into account the promotional discount.
A promo code discount is a discount that is provided for a certain group of Goods when the Buyer places an Order.
A promo code is a special code that provides a discount on a certain group of Products and has an expiration date. Promo codes are applied automatically. Only one promo code can be applied to one item.
Regular Buyer Discount is a discount provided to the Buyer on certain conditions established by the Marketplace.
Balance - the amount of free funds at the disposal of the buyer, which he can dispose of at his own discretion by transferring them to the details of his current account or by paying for subsequent orders on the website of the Marketplace in the amount of up to 100% of the value of the goods. When canceling/returning an order paid using the "Balance", the funds are returned back to the "Balance".
By using the Cool Orca Marketplace, the Buyer agrees to the
terms of these Rules.
The Marketplace provides the Buyer with a free opportunity to search for information about the Goods, get acquainted with the product offers of Cool Orca and other Sellers, the opportunity to receive (including by search results) product offers and information, as well as other functionalities.
Cool Orca has the right to independently and without notice to the Buyer select reviews for publication, including: any authorized Buyer can leave feedback on the Products posted on the Marketplace, rate the Products when using the Marketplace; along with the Buyer's review, his name indicated by him in the Personal Account of the Trading Platform will be published; do not publish reviews, the content of which is not related to the subject of the Marketplace, making purchases on it; do not publish reviews, the content of which does not relate to the actual experience of using the relevant product; do not publish reviews that contain profanity, offensive statements, including photographs and images that are ethically unacceptable for publication; do not publish reviews, comments containing links to other websites, personal data of third parties; delete a published review at any time;independently determine the period during which reviews are considered relevant and for which they are published on the Marketplace.
The Buyer agrees that the messages and materials posted by him on the Marketplace may be used by Cool Orca, including in other Cool Orca services and applications, in advertising or marketing materials posted on Cool Orca resources on the Internet, as well as on other resources and websites on the Internet, to attract the attention of other consumers to the Marketplace in general or to goods and services of third parties, as indicating the author of the message or material (the name of the author will be the name of the Buyer, which he indicated during registration or in the settings of his data in the Personal Account), and without it, without the obligation to provide reports on the use of such messages and materials, without the need to obtain special permission from the Buyer and without paying royalties, throughout the world without a time limit, with the right of Cool Orca to grant the specified rights to use such messages and materials to third parties.
The Buyer agrees that the reviews left by him and the ratings set by him can be published and used by Cool Orca on the Marketplace or on third-party websites without the Buyer's additional consent. At the same time, the reviews and the images attached to it are published and used "as is" with the preservation of the author's grammar and punctuation, under the name of the Buyer specified in the Personal Account. The buyer is responsible for the accuracy of the information contained in the reviews left by him.
Registration on the site
Only registered Buyers can place an Order on the
Marketplace, while the Buyer has the right to register on the site only 1 (one)
time, i.e. can have only one Personal Account.
When registering on the Marketplace, as well as during its further use, the Buyer provides Cool Orca with his registration data (including personal data), including, but not limited to: full name, phone number, email address, location address location, gender, date of birth, information about the parameters of the figure (clothing size), details of electronic means of payment (number, expiration date, CVV / CVC code), etc.
Cool Orca collects, records, systematizes, accumulates, stores, clarifies (updates, changes), extracts, uses, transfers (distributes, provides, accesses), depersonalizes, blocks, deletes, destroys the Buyer's registration data (including personal data) .
Cool Orca is not responsible for the accuracy and correctness of the information provided by the Buyer during registration. A buyer who has registered on the Marketplace receives an individual identification by entering an SMS with an access code sent by Cool Orca to the contact number specified in the Personal Account. Individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and provides access to additional services. The transfer of the access code by the Buyer to third parties is prohibited.
The Buyer is responsible for all possible negative consequences in case of transfer of the access code, as well as the credentials of the Personal Account to
Placing an order on the Marketplace:
The Marketplace is intended for the sale of Cool Orca Goods and other Sellers, as well as Cool Orca services for the delivery of these Goods to Buyers.
The Sale and Purchase Agreement is considered concluded on the terms of these Rules and entails legal consequences for the Seller, Cool Orca and the Buyer only when ordering the goods, paying for it through the use of the services of the Marketplace, as a result of which information about the order is reflected in the Buyer's personal account.
Conclusion of agreements with any third parties outside of software methods on the website or mobile application of the Cool Orca Marketplace, as well as payment for the order in a way other than payment using special software on the website or mobile application of the Marketplace (for example, cash payment to a third party, transfer of funds to bank details, payment on bills, invoices, invoice agreements and other primary documents received from third parties) does not give rise to legal consequences for Cool Orca, as for the owner of the Trading Platform, incl. upon receipt of an offer to conclude such an agreement from information about the goods posted on the website or in the mobile application of the Marketplace.
By ordering the Goods sold by Cool Orca on the Marketplace, the Buyer enters into a contractual relationship with Cool Orca under the contract for the sale of the Goods.
When ordering on the Marketplace the Goods sold by other Sellers, the Buyer, within the framework of the sales contract, enters into a contractual relationship directly with the Seller selling this Goods. Delivery of the Goods, as well as acceptance of payment from the Buyers for the Goods purchased on the Marketplace, is carried out by Cool Orca.
Mutual settlements with the Buyer for the Goods purchased by him on the Marketplace are carried out by Cool Orca on its own behalf or on behalf of the direct Seller on behalf of the latter.
The buyer can get acquainted with the information about the seller of the goods when placing an Order. Delivery of any Goods purchased by the Buyer through the Marketplace is carried out by Cool Orca. Before placing an Order, the Buyer undertakes to familiarize himself with all the conditions for the provision of Cool Orca Services, as well as the purchase of Goods on the Marketplace. At the same time, obvious errors, including typographical errors, made in the description of the Goods or in the description of the Service are not legally binding.
Placing an Order on the Marketplace means the Buyer's agreement with all the essential conditions for the provision of Cool Orca Goods delivery services and / or the essential conditions for the sale of the Goods by Cool Orca or another Seller, as well as these Rules.
The essential terms of the contract for the sale of the Goods concluded by the Buyer, as well as the contract for the provision of delivery services, are indicated in the description of the Goods published on the Marketplace, provided in the form of placing an Order, as well as in these Rules.By placing an Order, the Buyer agrees that Cool Orca may entrust the execution of the contract to a third party, remaining responsible for its execution to the Buyer.
The Buyer confirms his agreement that:
Registration data (including personal data) are provided by him voluntarily;registration data (including personal data) are transmitted in electronic form via open communication channels of the Internet network; registration data (including personal data) is transferred to Cool Orca for the purposes specified in these Rules and may be transferred to third parties for the same purposes; registration data (including personal data) can be used by Cool Orca in order to promote goods and services by making direct contacts with the Buyer using communication channels; registration data (including personal data) can be used by Cool Orca for the purpose of sending advertising and information to the Buyer via telecommunication networks, including via the Internet, in accordance with Article 18 F3 "On Advertising" dated March 13, 2020; for the purpose of additional protection against fraudulent activities, the registration data specified by the Buyer (including personal data) may be transferred to the bank that carries out transactions for payment for Orders placed on the Marketplace;the consent given by the Buyer to the processing of his registration data (including personal data) is indefinite and may be revoked by the Buyer or his legal representative by submitting a written application submitted to Cool Orca.
By placing an Order, the Buyer confirms that:
a) fully familiarized with the provisions of these Rules;
b) fully understands these Rules, as well as the subject and terms of the agreement concluded with Cool Orca for the provision of services for the delivery of Goods, as well as the contract for the sale of Goods with Cool Orca or another Seller through the Marketplace;
c) fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the contract concluded with Cool Orca for the provision of services; the abandonment of the Goods, as well as the contract for the sale of the Goods with Cool Orca or another Seller through the Marketplace.
By placing an order on the Marketplace, the Buyer agrees to receive: (a) emails/push notifications that Cool Orca may send to the Buyer; (b) messages (SMS) to the phone number specified by the Buyer, as well as (c) a call with a proposal to evaluate the quality of the Marketplace to the phone number specified by the User.
Cool Orca has the right to block the Buyer's ability to place an Order in case of repeated cancellation of the Orders made by the Buyer, as well as in case of violation of these Rules by the Buyer.
The Buyer acknowledges that Cool Orca is not an operator or organizer of lotteries for which the Buyer purchases lottery tickets on the Marketplace. The Buyer has the right to familiarize himself with the data on the rules for participation in lotteries, the grounds and procedure for paying out winnings both on the relevant pages of the Marketplace https://www.Coolorca.comand on the website of the corresponding lottery operator. The return of lottery tickets is possible only to the lottery operator and only if the drawing of lottery tickets has not yet been held. The payout of lottery winnings is carried out by Cool Orca through the Marketplace in the cases provided for on the corresponding page https://www.coolorca.com, on behalf of the lottery operator. The Buyer acknowledges that Cool Orca has no obligation to pay the winnings to the Buyer. Cool Orca has the right to refuse to pay out the winnings at any time, in which case the Buyer has the right to demand payment of the winnings from the lottery operator. By purchasing a lottery ticket, the Buyer grants Cool Orca consent to transfer the subscriber phone number associated with the personal account, through which the lottery ticket was purchased, to the lottery operator to notify the Buyer of the results of the draw and to receive messages about the results of the draw to such subscriber number.
The return of technically complex household goods of good quality is possible within 14 (fourteen) days from the date of purchase of the goods, if its consumer properties, presentation are preserved, the factory packaging of the goods is not violated (seals, stickers, and other factory elements are not removed ), there are no traces of operation of the goods. If an employee of the point of issue of orders reveals signs of a violation of the presentation, loss of all or part of the consumer properties of the goods, violation of the original packaging, the presence of traces of operation, the possibility of returning the goods is not provided. In this case, as well as after 14 (fourteen) days from the date of purchase of a technically complex household product, in order to return such a product, you must submit an online application in your Personal Account.
Food products sold on the website of the Marketplace are not intended for remote sale, and therefore food products of good quality after they are received by the Buyer are not subject to return to the Seller. If the Buyer refused to receive the food product, and also did not receive such product before the expiration of the storage period or did not ensure receipt of the food product upon delivery “to the door”, Cool Orca has the right to withhold funds equal to the cost of such goods to reimburse the expenses of Cool Orca and the Seller ( both in the case of advance payment for the goods, and in the case of payment for the goods upon receipt). In the cases under consideration, food products are disposed of in order to maintain and control the safety of the circulation of food products and prevent the expiration of the shelf life of goods, their damage and ensure safe consumption by end Consumers.
Price and payment
An integral condition for placing an Order on the
Marketplace is the conclusion by the Buyer of an agreement with Cool Orca for
the provision of delivery services for the Goods placed on the Marketplace.
Within the framework of one Order, the Buyer may
conclude an agreement for the provision of the delivery service of the Goods of
several Sellers, with the simultaneous conclusion of several sales contracts in
relation to the Goods selected by the Buyer. The cost of courier delivery is
determined by the service
The ownership of the Ordered Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer and the latter pays the full cost of the Goods, as well as the delivery of the Goods. The risk of its accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are actually transferred to the Buyer.
The prices for the Goods are determined by the Sellers, and the prices for the delivery service are determined by Cool Orca unilaterally and are indicated on the Marketplace.
The final Price of the Goods is determined by the successive action of discounts on the Price of the Goods in the following order: promotional discount
Promo code discount
Loyal Customer Discount
You can use the Loyal Customer Discount only through the Personal Account. To do this, you need to place orders by logging in to the Marketplace using your credentials specified in your Personal Account profile. The Regular Customer discount is tied to a specific Personal Account, because calculated based on purchases made through it. In case of re-registration on the site, the purchase history and discount of a regular customer are not transferred from the old Personal Account to the new one. Order statistics in the new Personal Account are kept from scratch. You can use the discount only through the Personal Account in which it was generated.
The Buyer placing an Order on the Marketplace is given the opportunity to choose a payment option in accordance with the methods provided by the Marketplace.
When choosing payment upon receipt using a bank card or other available services that allow you to pay for orders in the specified way, placed on the Marketplace, in the event of involuntary (automatic) cancellation of such a payment or the absence of debiting from the consumer's account in favor of the Marketplace, funds in the amount of order or part thereof due to a technical failure and (or) other unforeseen error, the buyer grants the right to the Owner of the Marketplace to take the necessary actions aimed at the execution by the buyer of payment for the order without additional notice, according to the available payment data, including the payment data previously used by the Buyer, but hidden earlier in their personal account by the time of the formation of debt for payment for goods or services.
The Buyer is aware that the above actions on the part of the Owner of the Marketplace are carried out in the interests of the Buyer and are aimed at realizing the will of the Buyer as a party to this agreement.
The Buyer, agreeing to write off the resulting debt to the Owner of the Trading Platform, understands that the processing of personal data hidden by him (data on means of payment) by the Owner of the Trading Platform will continue in the interests of the client and for the purposes reflected in these Rules for using the Cool Orca trading platform, and for the purposes provided for by the current legislation on the protection of personal data. At the same time, hiding a bank card from the buyer's personal account is not a withdrawal of consent to the processing of bank card data.
Neither the Owner of the Trading Platform nor any other seller take part in the consideration by the credit institution of the possibility of providing installments and credit funds to the buyer and are not responsible if the Buyer refuses to pay such payment, and are not responsible for the actions of the Buyer in transactions and the acquisition of other bank services, which they are not a party.
The terms of these offers for the purchase of goods on
credit or in installments may t be changed by the Owner of the Trading Platform
unilaterally by posting information about changes to these rules.
When purchasing goods or ordering services on the Marketplace, the Buyer grants Cool Orca consent to debit funds using the payment card details provided by the Buyer when placing an order for goods or previously saved by the Buyer in the Personal Account (hereinafter referred to as the Payment Data) in the cases provided for in this clause.
If, for any reason, funds for goods or services were not debited (deletion by the Buyer of bank card data from the personal account, etc.), Cool Orca has the right to write off funds on its own initiative according to the Payment data in accordance with the rules of payment systems, including VISA , MasterCard, Fast Payment System, and on the following terms:
1. the write-off amount is the unpaid cost of goods or services, with which the Buyer was familiarized at the time of placing the order or before that moment;
2. write-off is made in USD/ American dollars, unless
another currency was agreed by the parties when making the order;
3. Cool Orca does not charge the Buyer a commission or
other fee for such write-off;
4. Cancellation of transactions and refund of funds
are carried out in accordance with the rules of the payment system, in
accordance with which the write-off is carried out.
The consent given in accordance with this clause may
be withdrawn by the Buyer no earlier than 1 days after the date of issue of the
goods or the provision of services, when ordering which it was provided by
notifying Cool Orca of such withdrawal by means of a written notice on paper,
sent to the address specified in section "Details" on the trading
platform.
Upon receipt of the Order with the selected payment method upon receipt, payment for the cost of the Order can be received by Cool Orca in any way available for selection when placing the order, regardless of the method of payment for the Order chosen by the Buyer. The Buyer is aware that the above actions on the part of the Owner of the Marketplace are carried out in the interests of the Buyer and are aimed at realizing the will of the Buyer as a party to this agreement.
In the event that the contract for the sale of the Goods presented on the Marketplace is concluded not with Cool Orca, but with another Seller who has placed an offer for the Goods on the Marketplace, payment is made to the account of Cool Orca, acting on behalf of the relevant Seller in terms of receiving funds in payment account for the Goods with the involvement of an authorized payment acceptance operator or an electronic money operator and is the recipient of the payment as a representative of the Seller.
In accordance with the terms of these Rules, a check in electronic form is provided by phone number by displaying information in the form of a message in the "personal account", which can be accessed exclusively by the Buyer's phone number. A check in electronic form is sent to the "Electronic Checks" section of the Personal Account. In case of disagreement with the proposed form of check transfer, the Buyer can provide an e-mail address in the "Profile" section and independently send a cashier's check to the e-mail address in the "Electronic checks" section.
The Cool Orca trading platform does not use cash payments with consumers in its activities.
Buyers who have previously purchased goods for cash
and have carried out or intend to return the goods on legal grounds, have the
right to demand a refund of funds to the current account specified by the
Buyer.
The Buyer has the right at any time to demand the transfer of funds recorded in the Balance to his account in full or in part. Cool Orca transfers the funds recorded in the Balance within 1 day from the receipt of the Buyer's request. The Buyer's request must be sent using the "Withdrawal" functionality in the "Balance and transaction history" section.
In the event that the Balance includes Advances and Refunds at the same time, when paying for the goods or transferring funds recorded in the Balance, the Buyer is credited first of all or accordingly paid the amounts of Refunds.
Rights and obligations of the parties
Cool Orca is committed to: Process the personal data of the Buyer in the manner prescribed by applicable law and the Cool Orca Policy regarding the organization of processing and ensuring the security of personal data.
If the purpose of processing the Buyer's personal data is achieved, Cool Orca undertakes to stop the processing of personal data or ensure its termination (if the processing of personal data is carried out by another person acting on behalf of Cool Orca) and destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person, acting on behalf of Cool Orca) within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the agreement to which the Buyer is a party, beneficiary or guarantor, or another agreement between
Cool Orca and the Buyer.
In the event that the Buyer withdraws consent to the processing of his personal data, Cool Orca undertakes to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of Cool Orca) and if the storage of personal data is no longer required for the purposes of processing personal data , destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of Cool Orca) within a period not exceeding thirty days from the date of receipt of the said withdrawal, unless otherwise provided by the agreement to which the party, beneficiary or guarantor is Buyer.
Cool Orca has the right:
Change these Rules unilaterally by posting them on the Marketplace located at the Internet address: https://www.coolorca.com. All changes come into force immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
Record telephone conversations with the Buyer. “On information, information technologies and information protection” Cool Orca undertakes: to prevent attempts of unauthorized access to information and / or transfer it to persons not directly related to the execution of Orders, to detect and suppress such facts in a timely manner.
Without the consent of the Buyer, transfer its rights and obligations to fulfill obligations to the Buyer to third parties.
Cool Orca has the right to demand from the Buyer 100% prepayment of the ordered goods. Cool Orca has the right to refuse the Buyer to place an Order and deliver the Goods in the absence of such payment.
Cool Orca has the right not to deliver the Goods to the Buyer "to the door", including without 100% prepayment of the ordered Goods, to the address specified when the Buyer placed the order, and transfer the Goods by delivery to the Pickup Point specified by the Buyer.
Cancel the Order with a non-cash payment method after 60 minutes from the moment of registration, in case of no payment received.
Limit the quantity of the Goods delivered to the Buyer at the same time.
Use "cookies" technology. Cookies do not contain confidential information and are not transferred to third parties.
Obtain information about the ip-address of the visitor to the www.colorca.com website. This information is not used to identify the visitor and is not transferable to third parties.
Send the Buyer messages of an advertising and informational nature by e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. in accordance with the current status of the Buyer's subscription in the personal account. The frequency of mailings is determined by Cool Orca independently, unilaterally.
Unilaterally cancel the Buyer's Order in case of violation by the Buyer of clause 6.3.3. of these Rules.
Make restrictions on the amount of ordered goods for one day of delivery.
Change the terms of the Promotions posted on the website of the Marketplace www.coolorca.com, unilaterally without the consent of the Buyer, by posting such changes on the website of the Marketplace www.coolorca.com.
Upon delivery of the order, require from the Buyer the code for receiving the order, reflected in the Buyer's personal account or a QR code from the Buyer's mobile application. If the Buyer does not present the specified code or QR code, refuse to issue the goods to the Buyer.
The revocation of these Rules may be carried out by Cool Orca at any time, but this is not a basis for waiving the obligations of Cool Orca and other Sellers placing Goods on the Marketplace under agreements already concluded.
The buyer undertakes:
Before the conclusion of the Agreement, familiarize yourself with the content and conditions of these Rules, the prices for the Goods offered on the Marketplace, as well as the procedure and conditions for the provision of the Goods delivery service by Cool Orca.
In fulfillment of Cool Orca obligations to the Buyer, the last he must provide all the necessary data uniquely identifying him as the Buyer and sufficient to deliver the Goods he paid for to the Buyer.
Pay for the ordered Goods and its delivery in accordance with these Rules.
Do not use the Goods ordered on the Marketplace for business purposes.
Be solely responsible for access to your personal account. Undertakes not to transfer access to his personal account to third parties, and is also responsible for the bank card data entered by him, agrees to their storage and processing. The Buyer guarantees that all the data of bank cards and / or other means of payment entered by him in his personal account belongs to him and / or disposes of them legally. The Buyer is responsible for the damage caused to the Marketplace, sellers, and any third parties, if the damage is caused due to the misuse of the personal account, or means of payment, or bank cards, and other methods of payment through the personal account.
The buyer has the right:
The buyer has the right to refuse to receive e-mail and sms mailings, for this he needs to click on the link in the letter “You can unsubscribe from the mailing list from your Personal Account” or go to the “Subscriptions” page in the Personal Account.
"Force Majeure"
Changes to the world laws of different countries:
Cool Orca shall not be held liable for the complete or partial failure to fulfill its obligations in accordance with these Rules if such failure was caused by force majeure circumstances that arose after the Buyer accepted the terms of these Rules. "Force Majeure" means extraordinary events or circumstances that could not have been foreseen or prevented by available means. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes, and other natural disasters, wars, hostilities, actions of the United States of America or foreign government agencies, pandemics or widespread outbreaks of infectious diseases, acts of terrorism or acts of sabotage, embargoes or trade restrictions imposed by international bodies or countries, power outages or significant disruptions to utilities, transportation disruptions including air traffic control restrictions or closures, cyberattacks or hacking events that severely affect operations, civil unrest or riots, extreme weather events such as hurricanes, tornadoes, or severe storms, accidents or incidents that cause significant damage or disruption, legal injunctions or regulatory changes with substantial impact, and supplier or vendor failure or disruptions beyond control.
Please note that the force majeure clause can vary depending on the specific context and the parties involved in the agreement. It's essential to define force majeure comprehensively in the relevant contractual document to ensure that unforeseen circumstances, including changes to the world laws of different countries, are adequately covered.
