Public Offer Agreement
This Agreement constitutes a public offer in accordance with Articles 633, 641, and Chapter 63 of the Civil Code of Ukraine and is entered into between the website cooshwear.com (hereinafter referred to as the “Online Store”) and any natural person who has accessed at least one page of the website or used any services offered therein, including without prior registration or authentication (hereinafter referred to as the “Customer”).
1. General Provisions
1.1. This document is a public contract (offer) and sets forth all essential terms and conditions governing the remote purchase and sale of goods via the Online Store.
1.2. In accordance with Article 642 of the Civil Code of Ukraine, the complete and unconditional acceptance of this public offer shall be deemed to have occurred at the moment the Customer places an order by clicking the “Place Order” button in the shopping cart and effects payment of the total purchase amount under the terms of this Agreement.
1.3. Registration of the Customer on the website shall likewise constitute acceptance of this public offer.
1.4. By accepting this Agreement, the Customer confirms full comprehension and agreement with its terms and, where applicable, consents to the processing of their personal data for the purpose of fulfilling this Agreement, executing mutual settlements, and issuing invoices and related documentation. Said consent shall remain valid throughout the term of the Agreement. The Customer further acknowledges that they have been duly informed of their rights under the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and the extent of their rights as a data subject.
2. Definitions
2.1. Online Store – the Seller’s e-commerce platform located at cooshwear.com, designed to enable the conclusion of retail sale contracts based on the Customer’s remote review of product descriptions and imagery.
2.2. Product – the range of goods presented for sale in the Online Store.
2.3. Product Page – a set of data and specifications about a particular product, including its name, image, description, price, characteristics, color, size, availability, and packaging details.
2.4. Order – a duly submitted request by the Customer via the Website for the purchase and delivery of one or more Products to the address specified by the Customer.
2.5. Order Value – the total amount payable by the Customer, inclusive of any applicable discounts or promotional bonuses.
2.6. “Place Order” – the Customer’s expressed intent to purchase a Product, confirmed via the Online Store’s order submission mechanism.
2.7. Personal Data – any information voluntarily provided by the Customer during registration and/or order placement that is required to fulfill the Order.
3. Subject of the Agreement
3.1. The Online Store undertakes to transfer ownership of the selected Product(s) to the Customer, while the Customer agrees to accept and pay for the Product(s) in accordance with the terms herein.
3.2. This Agreement governs all aspects of the sale and purchase process via the Online Store, including:
a) the Customer’s independent selection of Products via the “Categories” menu;
b) the Customer’s completion and submission of an Order via the Online Store;
c) payment for the Order;
d) fulfillment and delivery of the Order to the Customer on the terms set forth herein.
4. Order Placement Procedure
4.1. The Customer shall place Orders independently via the Online Store’s website interface or via telephone by contacting the Online Store using the details provided therein.
5. Pricing and Payment Terms
5.1. The full retail price of each Product is indicated on the corresponding product page.
5.2. Payment may be effected by any method available within the Online Store at the time of checkout.
5.3. Delivery charges are borne by the Customer upon receipt of the Order.
5.4. Product prices are subject to change in accordance with market conditions; however, the Seller may not alter the price for any Order that has already been accepted and paid in full by the Customer.
6. Delivery of Orders
6.1. Delivery shall be effected within one (1) to three (3) business days from the date the Order is confirmed by a Store representative, and no later than thirty (30) days from such confirmation.
6.2. Delivery options and timelines are outlined in detail under the “FAQ” section of the website.
6.3. Upon receipt, the Customer shall inspect the Product for completeness, quality, and conformity with the Order. The Customer may refuse acceptance of the Product in whole by stating the reason in the relevant documents.
6.4. Delivery costs are not specified on the website, as they depend on the applicable rates of third-party logistics providers.
6.5. The Seller disclaims liability for delivery delays attributable to third-party carriers.
6.6. The Customer shall collect the Order from the carrier’s office within five (5) business days from the date of arrival. Failure to do so shall be deemed a cancellation by the Customer, and the shipment shall be returned to the Seller.
7. Returns and Refunds
7.1. The Customer may return Products of proper quality within fourteen (14) calendar days from the date of receipt, provided the Product has not been used and retains its original packaging, presentation, tags, seals, and accompanying documentation.
7.2. Partial acceptance of Orders is not permitted. The Customer must either accept the Order in full or decline it prior to payment.
7.3. Any claims related to defective or non-conforming Products must be documented in an Act, signed by the Customer and a representative of the Seller or the carrier. Notice must be provided to the Seller within one (1) business day.
7.4. Refunds shall be processed only upon receipt by the Seller of documentation evidencing the original payment.
7.5. Refunds shall be issued exclusively via non-cash bank transfer to a Ukrainian resident bank account held in the Customer’s name.
7.6. Refunds will be processed within ten (10) business days, but no later than thirty (30) days from receipt of the returned Product and termination notice.
7.7. If the Customer refuses delivery, return shipping costs shall be borne by the Customer.
7.8. Returned Products (whether of proper or improper quality) must be shipped via the same carrier and to the same address as originally dispatched.
8. Rights and Obligations of the Parties
8.1. The Customer shall:
a) review the product information published on the Seller’s website;
b) independently place Orders;
c) timely pay for and collect the Order;
d) inspect the Product upon delivery;
e) notify the Seller of non-delivery within the agreed timeframe;
f) refrain from actions constituting violations under applicable Ukrainian law.
8.2. The Customer shall be entitled to:
a) demand fulfillment of the terms of this Agreement by the Online Store;
b) in the event of defects during the warranty period, request:
1) a proportionate price reduction;
2) free rectification of defects within a reasonable timeframe;
3) reimbursement of expenses for defect rectification;
4) replacement of the Product with an identical or similar one available in the Store;
c) submit written claims regarding Products;
d) withdraw from the Agreement within fourteen (14) days of delivery if the Product does not meet expectations in terms of form, size, design, color, or usability;
e) exercise other rights under applicable law.
8.3. The Online Store shall:
a) comply with the provisions of this Agreement;
b) notify Customers of any amendments to these terms via publication on the website;
c) deliver Products in accordance with the Order and applicable descriptions;
d) fulfill warranty obligations in accordance with the Law of Ukraine “On Consumer Protection”;
e) review and respond to Customer claims and inquiries in accordance with legal requirements;
f) bear no liability for damages resulting from the actions or omissions of third parties.
8.4. The Online Store reserves the right to:
a) amend this Agreement by publishing updated terms on the website;
b) modify the product assortment and pricing without prior Customer consent (except for confirmed Orders);
c) notify the Customer within three (3) calendar days (but not later than thirty (30) days) if the fulfillment of an Order becomes impossible due to unavailability of the Product. A substitute Product may be offered provided it meets the intended use, offers equal or superior quality, and does not exceed the original price, subject to the Customer’s consent;
d) suspend service in the event of Customer breach of Agreement terms;
e) exercise other rights under applicable law.
9. Liability
9.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with Ukrainian legislation.
9.2. The Customer bears sole responsibility for the accuracy and timeliness of payments. The Seller shall not compensate for payments made in error.
9.3. All disputes arising out of or related to this Agreement shall be resolved through good-faith negotiations.
9.4. If such disputes cannot be resolved amicably, they shall be adjudicated by a competent Ukrainian court in accordance with the applicable rules of jurisdiction.
9.5. In the event of force majeure, the Parties shall be released from liability for non-performance.
9.6. The Party invoking force majeure must notify the other Party in writing via email within five (5) calendar days of its occurrence.
9.7. If the force majeure continues for more than five (5) months, either Party may terminate this Agreement unilaterally with written notice.
10. Miscellaneous
10.1. The Online Store reserves the right to amend this Agreement unilaterally by publishing the revised version on cooshwear.com.
10.2. The Online Store is intended solely for remote sale of goods via the Internet.
10.3. The Online Store shall not be liable for the accuracy of Customer-provided information.
10.4. The Customer is solely responsible for the accuracy of the data entered during order placement.
10.5. Payment of an Order constitutes the Customer’s full acceptance of this Agreement and its effective conclusion.
10.6. Browsing the Online Store and placing Orders is free of charge for the Customer.
10.7. By registering or accepting this Agreement, the Customer consents to the processing of personal data for commercial purposes, including the processing of orders, and the delivery of marketing communications via telecommunications means (email, SMS, telephone).
10.8. In the event of a legal name change, the Customer shall update their account within twenty (20) calendar days.
10.9. To unsubscribe from promotional communications, the Customer shall submit a written request to the Seller via email or postal mail.
11. Duration of the Agreement
11.1. This Agreement shall enter into force upon the Customer’s registration or placement of an Order via cooshwear.com and shall remain valid until the full performance of all obligations by both Parties.