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Our Sales Policy.

This agreement relates to www.CoolOrca.com, www.Spyorca.com and also to all other domains of our Corporation CoolOrca.com, Inc. (www. Coolorca.ca, www. Coolorca.asia, www.CoolOrca.trade, www. Coolorca.cc, www. Coolorca.eu, www. Coolorca.fr, www. Coolorca.us, www. Coolorca.uk).

Coolorca.com and SpyOrca.com, hereinafter referred to as “CoolOrca”/ “SpyOrca”, “Cool Orca” / “Spy Orca”, “the company/website/platform” are a trading platform designed to be used by both Sellers (hereinafter referred to as You, Your) and Buyers. CoolOrca team’s main aim is to display the best offers on the platform and provide excellent user service for Sellers. We are determined to provide a positive shopping experience. The rules set out below are designed to help you use our website efficiently. Our Sales Policy is part of our website Terms of Use. By registering on the platform you automatically agree to the Terms of Use and the Sales Policy. Every Seller to publish their advert on our platform is to adhere to all the rules stipulated below.

Obligations of Sellers.

1.    All Seller activity on the website is to comply with the legislation currently in force. A Seller is to be legally registered and authorized to do business, distribute or export the goods and services advertised at CoolOrca. The activity is to comply with all applicable legislation and good practice. All business activity is to be transparent and duly.

2.    Sellers guarantees that the prices for the goods sold to a CoolOrca buyer are at least as beneficial as prices applicable to any other buyer who may acquire the same goods via a different medium, or acquired in equal or smaller quantities.

3.    Sellers are obliged to finalize the deal and arrange shipping as soon as possible, unless force major circumstances apply. Legal requirements to terms of shipping and delivery may vary depending on the country. Furthermore, Sellers may transport and store their goods at CoolOrca warehouses, which will speed up their shipping.

4.    Sellers are obliged to indicate in their sales adverts both the country of dispatch and the possible customs duties that may apply, so that Buyers may make an informed decision.

5.    Sellers commit to use the website exclusively for the purposed legally applicable.

6.    Sellers are committed to solve all disputes with Buyers directly. In case an agreement cannot be reached – CoolOrca team may intervene to help. In case a Seller cannot fulfill an order – he is to inform Buyers and cancel the order. Sellers are committed to provide excellent customer service and inspire trust in the services provided.

7.    Sellers are to provide extra information relevant for the operation of the platform on demand of the CoolOrca team.

8.    It is a Seller’s responsibility to account for all the profit made by selling via CoolOrca platform and provide the relevant information and follow all procedures for tax purposes in their country of registration.

9.    Sellers are committed to avoid any use of the platform that may be qualified as violation of third party copyright, improper competition, bad practice or any illegal action, both acting on their own or in cooperation with a third party.

10.                      Sellers are deemed responsible for all tax procedures, including but not limited to tax calculation, payment and accounting, as required by the legislation of their country of residence. Sellers are fully responsible for the payment of said taxes, including federal, state, provincial, territorial, municipal, foreign and other taxes.

 

Compensation and sponsorship. Regulations for branded goods distribution.

This Website accepts forms of advertising, sponsorship, paid insertions or other forms of compensation. CoolOrca is compensated to provide opinion on advertising products, services and various other topics. The compensation received may influence the advertising content, topics or posts made on the Website. Sponsored content, advertising space or post will always be identified as such. Some of the links on the Website may be "affiliate links".

This means CoolOrca will receive an affiliate commission.

A Seller is entitled to sell branded goods on the platform only if CoolOrca have a corresponding contract with the brand owner. If CoolOrca do not have such contract, Sellers may propose to sign such contract with the brand owner in the name of CoolOrca. You are allowed to use the CoolOrca Marks only to simplify the conclusion of a contract or with advertising purposes (Trademark Guidelines).

If Sellers were to succeed in signing such a profitable contract for CoolOrca with a brand owner, CoolOrca may offer remuneration to Sellers, which can be a discount on services or listing Sellers’s goods in the Top Seller list, this means You will receive an affiliate commission.

Furthermore, СoolOrca is a participant in an affiliate advertising program designed to provide a means to earn advertising fees by advertising and linking to СoolOrca properties.

A Seller who wants to distribute branded goods on CoolOrca is to ensure that they have all the required permissions to do so. Some brands don not want their goods to be available on certain markets, so they forbid their sales entirely. Others only allow some particular distributors to sell their goods. If Sellers has a permission to distribute branded goods on CoolOrca, Sellers is to make sure that the goods are authentic.

The fact that a Seller can buy branded goods from a supplier does not automatically entitle Sellers to distribute such goods on CoolOrca. The supplier may not have the intellectual property rights for such goods. When a Seller creates an advertisement on CoolOrca for any branded goods, Sellers is to ensure that they have the right to use all visual content that is being used for the advertisement. Sellers must ensure that they have the permission to distribute the goods and the permission to use the photographs from the brand owner. Sellers are to provide confirmation of such permission from the brand owner. If Sellers has no such permission, they must remove their advertisement, if any, and refrain from advertising these goods in future.

 

Prohibitions for Sellers.

1.    Sellers cannot interfere with the normal operation of the website and may not use the website for any purposes other than its normal use.

2.    Sellers shall not copy or use for profit any information or material from this website, shall not reuse said information on other web resources, other than those affiliated as partnerships.

3.    Sellers may not register more than one seller account.

4.    Sellers must not use or distribute any interfering devices, computer malware nor codes that may harm, interfere with or expropriate any software or hardware of the platform or personal information of the users.

5.    Sellers cannot propose to Buyers to make a payment or a refund outside the CoolOrca platform.

6.    Sellers may not reduce the selling price at the expense of raising the delivery cost. Neither is it allowed to establish damping selling prices that are significantly lower than the prices for similar goods offered by other sellers.

7.    In case a Seller cannot dispatch the order on time, it is forbidden to fake the dispatch. That is to say, it is forbidden to provide a Buyer with a fake or invalid tracking number, a tracking number belonging to a different user, in order to simulate the dispatch. It is also forbidden to provide tracking numbers that cannot be tracked by usual services available to general public.

8.    Every country has its own laws and regulations referring to dispatch and delivery, please be informed of the rules applicable to you depending on your country of registration, in addition to the rules of CoolOrca.

9.    Sellers cannot change the delivery method selected by Buyers when placing the order without Buyers’ consent.

10.                      Sellers cannot ask Buyers to prematurely confirm acceptance of goods before delivery.

11.                      Sellers cannot artificially improve their rating, sales volume and amount of visitors by displaying goods that are in reality not available for sale and dispatch. Sellers may not artificially increase the amount of sales by advertising and selling cheaper goods and then substituting them by more expensive goods.

12.                      Sellers cannot demand that Buyers leave them a good review, nor enter into any conflict with Buyers. It is forbidden to send spam messages, emails, SMS, make phone calls, etc. without Buyers’ previous consent to such advertising. CoolOrca do not approve and will forbid that a Seller buy goods from another Seller with the sole purpose of leaving a bad review in order to reduce the rating of the competition. The business conducted under CoolOrca must be fair and transparent.

13.                      Sellers cannot carry out any actions aimed at gaining access to another user’s account and customer area, by trying out multiple login details, hacking their account or any other actions.

14.                      Refusal to dispatch an order, refusal to complete a sale, fake dispatch will be qualified as fraud. CoolOrca have the right to ban or delete a user profile in case the user do not adhere to these rules.

 

Requirements applicable to the advertisements.
1.
Restricted and banned goods.

1.    CoolOrca forbid selling copies of branded goods, fakes and second-hand gods.

2.    CoolOrca forbid sales of any goods that do not comply with the current legislation, or may be considered offensive or misleading, or listed as forbidden for distribution. The list of goods forbidden for distribution is available in Appendix #1 to this Sales Policy. CoolOrca also forbid offering any of said goods as a free supplement to other goods sold without restriction. If this were to happen – Sellers is fully responsible for any legal consequences that may occur.

3.    CoolOrca may alter the lists of goods forbidden for distribution and brands (manufacturers, trademarks) at their sole discretion, without Sellers agreement or notification.

4.    CoolOrca forbid sales of goods that are not available for sale and dispatch or need to be made to order. Dropshipping is forbidden under CoolOrca.  Dropshipping may (visit here) only be allowed in case a Seller is acting directly on behalf of the manufacturer and can provide the corresponding documents.

5.    Sellers are committed to provide to CoolOrca any supporting certification or license for sale, if required by CoolOrca. By advertising goods on the website Sellers confirm that they have the right of sale of the goods advertised, commit to adhering to the rules of sale applicable to the goods, confirm that they are in possession of the documents for the goods and any permissions that may be necessary. The list of goods restricted for distribution is available in Appendix #2 to this Sales Policy.

6.    CoolOrca have the right to deny a Seller the permission to display their goods without giving explanations.

7.    Sellers must provide their goods in good condition and suitable for use, and guarantee their usability for a certain period of time. The goods must not involve any risk of harm to Buyers’ health or property. The characteristics of the goods are to be in accordance with the information provided on the packaging and marking.

8.    Sellers are to indicate the country of dispatch in advertisements for their goods.

9.    Sellers are fully responsible for the goods advertised and all the agreements made with Buyers. Sellers are responsible for the availability of goods, their equipment, quality and their description matching their actual state; this responsibility cannot be transferred to a third party (a supplier, a delivery company, a manufacturer, etc.)

10.                      Sellers are responsible for the full and correct information provided about the goods. CoolOrca are not responsible for the accuracy of the description of the goods nor their photographs, equipment or characteristics, or the goods as such, distributed by Sellers.

11.                      By advertising their goods on CoolOrca, Sellers authorise CoolOrca to use this content on their platform. CoolOrca have the right to deny adding, changing or deleting any content from the platform.

12.                      CoolOrca allow viewing and downloading of the content of the platform only for personal non-commercial use. All information of copyright and other intellectual property rights to original materials and copies is to be saved.

13.                      CoolOrca may delete any goods that are being advertised not in compliance with the current Sales Policy. All listing fees are non-refundable. CoolOrca can suspend or delete a user profile for any violation of the current Sales Policy. A Seller whose profile has been suspended or cancelled is still to pay all monies outstanding to CoolOrca.

Requirements to advertisements, photo and video content.

1.    An advertisement is to be as complete as possible, accurate and authentic. Description of the goods are to include the main features of the goods, colours, characteristics, accessories and equipment included, any faults, if present, etc. The information related to the origin of the goods and the manufacturer must not be misleading for Buyers. The detailed description must be detailed and genuine. The description and photographs are to demonstrate the functions and features of the goods, and their possible advantages.

2.    The advertisements of the goods are to be published in their corresponding departments. If an advertisement is published in a wrong department by mistake, CoolOrca can remove such advertisement.

3.    Headings of advertisements must not contain any fraudulent use of brand names, characteristics, or other words that attract Buyer attention and may result misleading.

4.    Photographs of the goods are an integrate part of goods description, therefore they are to be an accurate representation of the goods, showing the goods from different angles, and are to be helpful to Buyers in order to make an informed decision of purchase. The photographs are to represent the exact goods that are being advertised and sold. Recommended photo size and format are 310*430 px. and *.jpeg or *.png. Good quality of the photographs increases the possibility of a sale. Photos that look blurry or do not show the goods in full size will not be accepted by CoolOrca. Photos that have been rotated in an unsuitable dimension can also be denied to be published.          

5.    Photographs must not contain any content that may be interpreted as pornography or sexual content (models dressed in transparent or explicit clothes, with no clothes, demonstrating their genitals or female breasts). Photos must not contain any advertising information (phone numbers, company names, logos, coordinates, links to other resources, etc.). Photos may contain a Seller’s user name or login with CoolOrca or your CoolOrca page url. Such reference must not cover the image of the goods advertised. In case an accessory is being offered as a free gift with a purchase – the photograph of such gift and a full description must be included in the advertisement.

6.    Any one advertisement may contain only one item advertised, with several photographs in colour and from different angles.

7.    Any goods that are sold with defects must have such defects described in the advertisement, together with an estimate of their importance.

8.    A video description of the goods is to be shot by Sellers. The video must be informative, at least 5 seconds long. It is recommended to attach to your Youtube video a link to your CoolOrca profile. If changes are made to an advertisement that has already been published on the platform, such advertisement may be revised by CoolOrca team for compliance with the Sales Policy. CoolOrca have the right to remove any advertisement that does not adhere to the rules of the Sales Policy at any time.

9.    It is forbidden to publish descriptions and pictures of goods that are not accurate representations of the goods. Sellers may not include inaccurate information in the advertisement. Sellers must not include in the advertisement photographs of goods that are not the ones being advertised but the ones similar to the goods advertised. The photographs must show the goods accurately from all sides.

10.                      It is forbidden to publish advertisements in departments that do not correspond to the nature of the goods advertised.

Interaction between Sellers and Buyers via CoolOrca platform.

1.    Sellers have at their disposal CoolOrca Messages for direct communication with Buyers. The messaging service may not be used for sending undesired advertisement or offers, requests for donations, spam, bullying or harassing other users of the platform, intervention into the business of other users, etc. When a Buyer shows their interest in goods, or places an order with a Seller, all communication between the parties is to be done via CoolOrca messaging. It is prohibited to send any contact details by messaging or publish in the advertisements or on other sections of the platform. It is forbidden to transfer the communication with Buyers to social networks, other messaging services, any third party websites or into phone conversations.

2.    It is recommended to accept Buyer orders within 24 hours on them being placed. Most customers do not tend to wait for a reply for longer than 24 hours. Recommended delivery time for goods to the Buyer: USA - from 4 to 14 business days (may take up to 21 business days); International delivery - from 3 to 6 weeks (may take from 8 to 12 weeks due to customs delays). Shipping charges delivered are set by the Sellers themselves.

CoolOrca messaging is the media where all communication regarding sales is done and recorded. The messages with Buyers also contain the details of their saved orders. In case of a conflict with a Buyer it is recommended to always reply. If a Buyer communicates their negative feedback or any problems that they are experiencing, it is required that Sellers reply to such communication and try to resolve the issue amicably. CoolOrca react to every Buyer message. In case of a conflict between a Buyer and a Seller CoolOrca team will contact Sellers. If Sellers does not respond to communication, their account may be suspended until the issue has been resolved. It is recommended to maintain a Seller profile active. If a Seller profile has not been active for over 90 days, their advertisements may be suspended. All Sellers commit to using their authentic personal information for registration. It is forbidden to use names or contact details that are fake or belong to other people. In such case CoolOrca have the right to restrict access to the platform or delete the profile.

 

User registration.

1.    CoolOrca will register as Seller a business company or an entrepreneur that are legally registered as business. Sellers must provide documents for confirmation in order to be registered.

2.    In order to be registered Sellers must provide personal details and contact information as required by CoolOrca.

3.    On registering the user account, Sellers may use all the services available on the platform and manage their account and activity in accordance with the user agreement and the current Sales Policy.

4.    Sellers are not allowed to transfer or let their account to a third party nor provide access details for their user account to other persons. If the above were to occur, Sellers bares full responsibility for any activity carried out by the third party to which Sellers had transferred their account, including any criminal or civil liability. CoolOrca will not be held responsible for any activity of a third party who have got access to user login information of a Seller, nor for the consequence of such activity.

5.    In case a user’s login details have been lost (forgotten password, compromised password, etc) the account user may require a password recovery procedure. If unfruitful, the user may contact CoolOrca customer support via support@CoolOrca.com.

 

Limited liability of CoolOrca.

1.    CoolOrca will not be held responsible if the platform provided, fully or partially, does not met the expectations of a Seller, and will not give Sellers any refund for any inconvenience caused by such expectations.

2.    CoolOrca will not be held responsible if a Seller have few or no sales, if Sellers’ expectations are not met, or if any losses may occur while using the platform.

3.    CoolOrca are not responsible to Sellers for limited or interrupted use of the services in case such interruptions were cause by force major circumstances, which were out of CoolOrca control.

4.    CoolOrca are not responsible to Sellers or a third party for direct or indirect losses, including loss of profit, lost data, damage to honour, dignity and reputation, incurred by using the platform or, on the contrary the inability to use it, or unauthorised access to it or to Seller communication and information by a third party.

5.    CoolOrca are not responsible to Sellers, users or third parties for the quality of the goods or services advertised on the platform, their timely delivery, and accuracy of the goods description or the goods matching Buyer expectations. Timely dispatch and delivery of goods by Sellers, any returns or exchange of goods, any warranty obligations of Sellers to Buyers or any refunds are outside CoolOrca control. CoolOrca are not responsible if a Seller’s activity does not comply with the legislation in force. CoolOrca are not responsible for buyer payments for the goods purchased on the platform.

6.    CoolOrca are not responsible for the time when Buyer payments are accounted on Sellers’s balance.

7.    CoolOrca have the right to regularly review and change their pricing for their services, payment conditions and discounts, at their own discretion.

8.    CoolOrca may include amendments into the current Sales Policy at any time and notify the users thereof by publishing the new amended version on the platform.

9.    By registering as Seller on CoolOrca one commits to provide truthful and accurate information on the platform; to follow the Sales Policy; to respect copyright and intellectual property rights; to make all the required payments; to not create duplicate user accounts and to refrain from manipulating searches or bending CoolOrca Sales Policy. If you think that your intellectual property rights have been infringed, you are encouraged to report this to CoolOrca.

10.                      CoolOrca are not responsible for tax evasion committed by Sellers or other tax related activity of Sellers. Meaning, Sellers is the sole responsible for accounting for their tax payments, tax declarations and transfers of such payments as required by law. All corresponding taxes are payable by Sellers as required by law, including all federal, state, provincial, territorial, municipal, local and foreign tax.  Any taxes and related obligations relating in any way to the CoolOrca (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates will be subject to the tax provision.

CoolOrca may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the CoolOrca Program. We may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

11.                      CoolOrca are not responsible for the Goods of sellers, if the goods are deposited in third party warehouses. CoolOrca will only be fully responsible for the goods deposited and stored at CoolOrca warehouses.

 

Evaluations, feedback and comments.

Feedback is an excellent tool for creating and maintaining good business reputation on CoolOrca platform. Buyers can leave their feedback, evaluate their experience and upload photos of their purchases within 90 days after the proposed delivery date. All users can leave feedback on the goods, ask questions and communicate, evaluate and comment on Seller activity. The evaluations are the basis for the rating of Sellers account on the platform. It is a Buyer’s voluntary decision to provide evaluation and feedback. It is forbidden to offer discounts, financial remuneration, delivery costs refund or gifts, etc in exchange for good feedback. CoolOrca do not interfere with any reviews, comments or evaluations of goods made by Buyers. In case the current Sales Policy has been violated, CoolOrca may change a comment or review of the goods. Any messaging between Sellers and Buyers must not contain insults, curse language, vulgar or offensive content, illegible symbols, urls, phone numbers, contact details, undesired advertising, closing of any deals via Seller’s own websites outside CoolOrca. It is unacceptable to leave fraudulent feedback and reviews using a third party, additional accounts or other means. A Seller account may be blocked if any of the above occurs.



Appendix 1. Goods forbidden for distribution.

Sellers must comply with all federal, state and local laws and policies applicable to the goods listed below. It is forbidden to advertise on CoolOrca any goods that do not comply with the current legislation, our Sales Policy, or that may be considered obscene, insulting or misleading.

- animals and birds, and any other live and breathing creatures;

- human body parts (except for natural hair wigs)

- hide and leather goods made of animals that are regarded as vulnerable or endangered species.

- tobacco and other goods made of tobacco;

- gambling and lottery tickets;

- poisons and pesticides;

- drugs of natural or synthetic origin, psychotropic substances and their compatible substitutes,  dangerous chemicals, paraphernalia;

- Firearms, Weapons and Explosives;

- medicine and medical supplies and devices;

- unlicensed software;

- television decoders;

- software and manuals for hacking, malware, computer viruses, other harmful or destructive elements;

- batons, stun guns, handcuffs and equipment containing or using tear gas or irritants, which all qualify as special pro-active defence equipment used by law enforcement units;

- poaching gear (for example - traps, poaching nets, fishing gear using electric current, etc.);

- covert surveillance equipment;

- technical means for tacit information acquisition;

- bank cards;

- goods of explicit sexual or pornographic content, that contain images of naked human body;  

- explosives, or instructions on how to manufacture explosives or other dangerous devices or substances;

- fireworks;

 - fake brand goods, containing a brand name or logo that are identical or very similar to a brand name or logo of another manufacturer;

- any goods that contain material which promotes violence, racism, hostility, aggression, hatred, sexual, racial, religious or political intolerance, or any information about organizations that propagate such views;

- materials that contain shocking or speculative content which may help obtain unfair advantage and cause damage to interest of other groups;

Appendix 2. Goods that are restricted for distribution and require additional supporting documents.

The requirements are based on the legislation currently in force and are aimed at inspiring customer confidence.

 - hunting and sporting weapons and related accessories and ammunition (for detail see Regulations for hunting and sporting weapons and related accessories and ammunition.); visit here:

- branded goods (for detail see Compensation and sponsorship. Regulations for branded goods distribution );
 - alcoholic drinks;

 - bows and arch bows;

-  jewellery;
-
all goods that come into direct contact with human mucous tissue;
-
special equipment (stun grenades, gas grenades and such like);
-
food and food supplements;
-
liquid gas equipment; vaping fluids;
-
surveillance and monitoring equipment;
-
cars, water and air transport vehicles;
-
goods of adult content;
-
plants and seeds;
-
good that use laser technology;
-
medical equipment and any related components;
The list may be subject to change. Sellers may contact our user support service for more information on support@CoolOrca.com.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement 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.

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