Public Offer Agreement
The text set out below constitutes an agreement between LLC “COOSH COMPANY”, USREOU code 46283516, operating in accordance with its Articles of Association (hereinafter referred to as the “Seller”), and an individual who has visited at least one page of the website or used at least one of the services provided within the website, including without prior registration and authorization on the website (hereinafter referred to as the “Buyer”).
1. General Provisions
1.1. This Agreement is a public offer agreement (in accordance with Articles 633 and 641 and Chapter 63 of the Civil Code of Ukraine) and contains all the essential terms and conditions for organizing retail sales by distance means, i.e. through an online store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of the public agreement, i.e. the public offer, shall be the act of placing an order by clicking the “Place Order” link in the shopping cart and paying 100% of the order amount under the terms of this Agreement.
1.3. The public offer shall also be deemed accepted upon the Buyer’s registration on the online store website.
1.4. By entering into this Agreement, the Buyer confirms that they have fully and completely familiarized themselves with and agree to its terms and conditions and, if the Buyer is an individual, grants consent to the processing of their personal data for the purpose of enabling the terms of this Agreement to be fulfilled, enabling mutual settlements to be carried out, and enabling invoices, acceptance certificates and other documents to be received. Consent to the processing of personal data shall remain valid throughout the entire term of this Agreement. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without any additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection” and of the purposes of data collection. The scope of the Buyer’s rights as a data subject under the Law of Ukraine “On Personal Data Protection” is known to and understood by the Buyer.
2. Terms and Definitions
2.1. Online Store – the Seller’s website (“cooshwear.com”), created for the conclusion of retail sale and purchase agreements based on the Buyer’s familiarization with the description of the Goods offered by the Seller in photographs, using the Internet, which excludes the possibility of the Buyer directly examining the Goods and constitutes a distance method of selling goods.
2.2. Goods – the list of product names in the assortment presented in the online store.
2.3. Product Card – a set of information about a product, including the product name, the image of the product on the website, its description, price, characteristics, colour, size, configuration, availability in the store, and other information.
2.4. Order – a duly completed and submitted request placed on the Website by the Buyer and addressed to the Seller for the purchase and delivery, to the address specified by the Buyer, of the Goods selected on the Website.
2.5. Order Value – the amount payable by the Buyer upon receipt of the Order, after discounts or bonuses have been applied.
2.6. “Place Order” – the Buyer’s decision to purchase Goods, formalized in the online store.
2.7. “Personal Data” – any information knowingly provided by the Buyer during registration and/or when placing an Order on the Website and necessary for the Seller to fulfil the Order.
3. Subject Matter of the Agreement
3.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.
3.2. This Agreement governs purchases and sales in the online store, including:
a) the Buyer’s voluntary selection of Goods by “Categories”;
b) the Buyer’s independent placement of an Order in the online store;
c) the Buyer’s payment for an Order placed in the online store;
d) the fulfilment of the Order and transfer of ownership of the Order to the Buyer under the terms of this Agreement.
4. Order Placement Procedure
4.1. The Buyer independently places an Order online in the online store or by telephone using the contact details specified in the online store.
5. Price and Payment Procedure for Goods
5.1. The full price of the Goods is indicated on the pages of the Seller’s online store.
5.2. The Buyer pays for the Order using any payment method selected in the online store.
5.3. The delivery cost of the Order shall be paid independently by the Buyer upon receipt of the Order.
5.4. Prices for Goods and services may change depending on market conditions, which is reflected in the prices in the online store. The Seller may not change the price for a specific Buyer if that Buyer has already accepted the Seller’s terms and conditions and paid for the Goods (services) in accordance with the procedure established by this Agreement.
6. Order Delivery
6.1. The ordered Goods shall be delivered within 1 (one) to 3 (three) business days from the moment the Order is confirmed by the manager, but in any case no later than thirty days from the moment the Order is confirmed.
6.2. Delivery methods are described in detail in the “Questions and Answers” section of the website.
6.3. Upon receipt of the Goods, the Buyer shall inspect them to verify their conformity with the Order and check the quality and quantity of the Goods, their integrity and completeness. The Buyer has the right to refuse the entire Order, stating the reason in the relevant documents.
6.4. The delivery cost is not indicated in the online store because it depends on the current rates of the transport company (carrier).
6.5. The Seller shall not be liable for the delivery time of the Order because it depends on the actions of third parties (carriers).
6.6. The Buyer has the right to collect the Order from the courier company’s branch within 5 (five) business days, including the day on which the shipment (Order) arrives at the branch of the recipient (Buyer). If the Order is not collected by the recipient (Buyer) within the period specified above, such shipment (Order) shall be deemed unclaimed (cancelled at the Buyer’s initiative) and returned to the Seller.
7. Procedure for Returning Goods and Refunds
7.1. Conditions for Returning or Exchanging Goods of Proper Quality
7.1.1. The Buyer has the right to return or exchange Goods of proper quality within fourteen days, starting from the day following the day on which the Goods are received at the courier company’s branch, if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, colour, or for other reasons cannot be used by the Buyer for their intended purpose after receipt of the Order.
The return or exchange of Goods of proper quality shall be carried out subject to the following conditions:
· the Goods have not been used (including for photo and/or video shoots);
· the Goods’ marketable appearance, consumer properties, tags, labels, seals and original packaging have been preserved;
· the Goods show no signs of wear, washing, dirt, cosmetic products, animal hair, foreign odours or other signs of use;
· a completed electronic application for the return or exchange of the Goods is available;
· the payment document issued to the Buyer upon purchase of the Goods is available.
7.1.2. In case of a return or exchange of the Goods, the Buyer is obliged to pack the Goods in the original, undamaged packaging in which the Buyer received them. If the Buyer fails to fulfil this obligation, the Seller reserves the right to refuse the Buyer’s request to return or exchange the Goods.
7.1.3. All COOSH goods have a security seal. Goods of proper quality may be returned or exchanged only if the security seal is undamaged and has not been removed. Damage to or absence of the security seal may constitute grounds for refusing the return or exchange of the Goods.
7.1.4. An exchange of Goods is possible only for identical Goods in a different size or colour (subject to availability). If the Goods the Buyer wishes to receive in exchange are out of stock, the Seller shall arrange a refund to the Buyer in accordance with the procedure established by this Agreement.
7.1.5. An exchange of Goods or a refund for purchased Goods in the event of their return shall be carried out only after the Seller has received the Goods and confirmed that they comply with the conditions for their return or exchange. If, during the inspection to determine whether the Goods comply with the conditions for return or exchange, the Seller establishes that the Goods do not meet those conditions, the Seller has the right to refuse the Buyer’s request to exchange the Goods or issue a refund. In such a case, the Goods shall be returned to the Buyer at the Buyer’s expense.
7.2. Specific Conditions for Returning Footwear
7.2.1. Footwear may be returned or exchanged only if its marketable appearance has been preserved, there are no signs of wear, and the original box, tags and seals are present.
7.3. Goods Not Subject to Return or Exchange
7.3.1. In accordance with Article 9 of the Law of Ukraine “On Consumer Protection” and the List of Goods of Proper Quality that are Not Subject to Exchange (Return), approved by Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, the following goods are not subject to return or exchange:
· corsetry products;
· perfumery and cosmetic products;
· feather and down products;
· gloves;
· underwear, including bodysuits and swimsuits;
· hosiery and socks;
· jewelry made of precious metals, precious stones, precious stones of organogenic origin and semi-precious stones;
· other goods specified by the applicable legislation of Ukraine.
7.3.2. If, during the inspection of the Goods, the Seller establishes that the Goods do not meet the return or exchange conditions specified in this Agreement, the Seller reserves the right to refuse the Buyer’s request for a refund or exchange of the Goods. In such a case, the Goods shall be returned to the Buyer at the Buyer’s expense.
7.4. Procedure for Arranging a Return or Exchange
7.4.1. Before arranging a return or exchange of the Goods, the Buyer is obliged to verify that the Goods meet the return or exchange conditions established by this Agreement.
7.4.2. If the Buyer is satisfied that the Goods meet the conditions for return or exchange, the Buyer must complete an electronic application for the return or exchange of the Goods using the links provided.
7.4.3. The Buyer must attach to the electronic application a payment document confirming the purchase of the Goods.
7.4.4. If the Buyer wishes to return or exchange Goods purchased as part of a promotion that includes a gift, the Buyer is obliged to return the complete set (the Goods and the gift).
7.4.5. After completing the electronic application for the return or exchange of the Goods, the Buyer must send the Goods via the “Nova Poshta” delivery service in accordance with the instructions provided by the Seller’s manager.
7.5. Refunds to the Buyer
7.5.1. A refund to the Buyer shall be made after the Seller has received the Goods and confirmed that they meet the conditions for return.
7.5.2. If the Order was paid for by bank card on the website or in the COOSH application, the funds shall be returned to the same account used for payment.
7.5.3. If the Order was paid for by cash on delivery or using bank details, the funds shall be returned to the account specified in the return application.
7.5.4. When funds are refunded to a bank card, the time required for the funds to be credited to the Buyer’s account may depend on the policies of the bank that issued the card. The estimated refund period is 7–14 banking days.
7.5.5. The delivery cost for Goods of proper quality shall not be reimbursed and shall be paid by the Buyer.
7.5.6. If customs duties or taxes were paid upon receipt of the Goods, they shall not be refunded.
7.6. Warranty
7.6.1. The Seller ensures compliance with warranty obligations in accordance with the requirements of the Law of Ukraine “On Consumer Protection”.
7.6.2. If, during use of the Goods within the warranty period, the Buyer discovers a manufacturing or technological defect, the Buyer has the right to contact the Seller and request that the defect be remedied. After inspecting the Goods, the Seller shall remedy the defects free of charge, replace the Goods or refund the money in accordance with the requirements of the applicable legislation of Ukraine.
7.6.3. The estimated period for remedying a manufacturing defect is 5–10 business days.
8. Rights and Obligations of the Parties
8.1. The Buyer is obliged to:
a) familiarize themselves with the information about the Goods posted on the Seller’s website;
b) place an Order independently on the website;
c) pay for and collect the Order from the carrier in a timely manner under the terms of this Agreement;
d) upon receiving the Goods from the carrier, ensure their integrity and completeness by inspecting the contents of the package. If damage or incomplete contents are discovered, record them in a report, which must be signed by the carrier’s employee together with the Buyer;
e) notify the Seller if the Goods are not delivered at the time agreed upon by the Parties;
f) refrain from any actions, or attempts to carry out actions, that entail criminal, administrative or civil liability under the established procedure in Ukraine.
8.2. The Buyer has the right to:
a) require the Seller to comply with the terms of this Agreement;
b) if defects are discovered within the established warranty period, demand, in accordance with the procedure and within the time limits established by law:
1. a proportional reduction in the price;
2. free remedying of defects in the Goods within a reasonable period;
3. reimbursement of expenses incurred in remedying defects in the Goods;
4. replacement of the Goods with the same Goods or similar Goods from those available from the Seller;
c) notify the Seller in writing of any claims relating to the purchase of Goods;
d) terminate the Agreement by notifying the Seller within fourteen days from the date of receipt of the Goods at the courier company’s branch if the Goods do not satisfy the Buyer in terms of shape, dimensions, style, colour or size, or for other reasons cannot be used by the Buyer for their intended purpose;
e) exercise other rights in accordance with the applicable legislation and these Rules.
8.3. The Seller is obliged to:
a) comply with the terms of this Agreement;
b) notify Buyers of changes to these Rules by posting the relevant amendments on the Website;
c) transfer the Goods to the Buyer in accordance with the selected sample displayed in the online store, the Order placed and the terms of this Agreement;
d) ensure compliance with warranty obligations in accordance with the requirements of the Law of Ukraine “On Consumer Protection” and these Rules;
e) accept inquiries, applications, complaints and suggestions from Buyers and provide responses within the period established by law.
8.4. The Seller has the right to:
a) amend these Rules by posting the amendments on the Website;
b) make changes to the range of Goods and change their prices without agreement with the Buyer, except for Goods covered by Orders already accepted from the Buyer;
c) if it is impossible to perform the Agreement due to the unavailability of the ordered Goods, notify the Buyer within 3 (three) calendar days, but no later than thirty days from the date the Buyer’s Order was received. In such circumstances, the Seller has the right to replace the Goods, if unavailable, with other Goods, provided that:
1. the other Goods correspond to the intended purpose of the ordered Goods;
2. they are of the same or better quality;
3. their price does not exceed the price of the ordered Goods. In this case, the Seller is obliged to agree on the replacement of the Goods with the Buyer, and the Buyer’s acceptance of the Goods shall be deemed the Buyer’s consent to such replacement;
d) unilaterally suspend the provision of services under this Agreement in the event that the Buyer breaches the terms of this Agreement;
e) exercise other rights in accordance with the applicable legislation and these Rules.
9. Liability of the Parties
9.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Agreement in accordance with the procedure provided for by this Agreement and the applicable legislation of Ukraine.
9.2. The Buyer shall be independently responsible for the accuracy and timeliness of payments made by the Buyer. Amounts mistakenly transferred by the Buyer to the accounts of third parties shall not be compensated or reimbursed by the Seller.
9.3. All disputes arising from or relating to this Agreement shall be resolved through negotiations between the Parties.
9.4. If the relevant dispute cannot be resolved through negotiations, it shall be resolved by a court in accordance with the established jurisdiction and venue applicable to such dispute under the legislation in force in Ukraine.
9.5. In case of force majeure circumstances, the Parties shall be released from liability for failure to perform the terms of this Agreement. For the purposes of this Agreement, force majeure circumstances shall mean events of an extraordinary, unavoidable and unforeseeable nature that exclude or objectively impede the performance of this Agreement and which occurrence the Parties could neither foresee nor prevent by reasonable measures.
9.6. The Party invoking force majeure circumstances must notify the other Party of the occurrence of such circumstances in writing by email within five calendar days.
9.7. If, due to force majeure circumstances, the failure to fulfil obligations under this Agreement continues for more than five months, either Party shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing.
10. Other Terms and Conditions
10.1. The Seller reserves the right to unilaterally amend this Agreement, subject to its prior publication on the online store website “cooshwear.com”.
10.2. The online store was created to organize the distance sale of goods over the Internet.
10.3. The Seller shall not be liable for the content or truthfulness of the information provided by the Buyer when placing an Order.
10.4. The Buyer shall be responsible for the accuracy of the information provided when placing an Order.
10.5. Payment by the Buyer for an Order placed in the online store signifies the Buyer’s full agreement with the terms of the Sale and Purchase Agreement (public offer) and constitutes the date of conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
10.6. Use of the online store resource to view Goods and place an Order is free of charge for the Buyer.
10.7. By accepting this Agreement or registering on the website “https://cooshwear.com/” (by completing the registration form), the Buyer voluntarily consents to the collection and processing of their personal data in the Seller’s registered database “Counterparties” for the following purposes: the data that becomes known to the Seller will be used for commercial purposes, including processing Orders for the purchase of Goods, providing information about Orders, and sending advertising and special offers, information about promotions, prize draws or any other information about the store’s activities through telecommunications channels (email and mobile communications). For the purposes specified in this clause, the Seller has the right to send letters, messages and materials to the Buyer’s postal address and email address, as well as to send SMS messages and make calls to the telephone number specified in the registration form. The information provided by the Buyer is confidential.
10.8. If the Buyer’s surname, first name or patronymic changes, the Buyer is obliged to notify the Seller within 20 calendar days from the date such changes take effect by making the relevant changes to the registration record in the “Personal Account” on the Website, but in any case before placing the relevant Order on the website.
10.9. If the Buyer does not wish to receive mailings, the Buyer has the right to contact the Seller by submitting a statement refusing to receive advertising materials and sending it to the postal or email address.
11. Term of this Agreement
11.1. This Agreement shall enter into force on the date the Order is placed or registration is completed in the online store “cooshwear.com” and shall remain in effect until all the terms of the Agreement have been fulfilled.