PUBLIC AGREEMENT (OFFER)
For ordering, purchasing, selling and delivering goods
This Agreement is the Seller's official public offer to enter into a contract for the purchase and sale of Goods presented on Cooler.Com.Ua. This is a public agreement: under Article 633 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity or individual entrepreneur), without preference for one Buyer over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for ordering, payment, delivery, returns, liability for orders placed in bad faith, and all other terms of the Agreement. The Agreement is deemed concluded when the Buyer clicks “Confirm Order” on the checkout page in the “Cart” section and receives electronic order confirmation from the Seller.
1. Definitions
1.1. Public Offer (the “Offer”) means the Seller's public proposal, addressed to an indefinite group of persons, to conclude a distance contract for the purchase and sale of goods (the “Agreement”) on the terms set out in this Offer.
1.2. Goods or Services means the subject of the parties' transaction selected by the Buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online Store means the Seller's website at www.Cooler.Com.Ua, created for concluding retail and wholesale sale contracts on the basis of the Buyer's review of the description of Goods provided by the Seller over the Internet.
1.3. Buyer means a legally capable individual aged 18 or over who receives information from the Seller and places an order for Goods on the Online Store website for purposes unrelated to business activities, or a legal entity or individual entrepreneur.
1.4. Seller means individual entrepreneur “Магльований Микола Володимирович” (identification code 3322602297), a legal entity established and operating under the current legislation of Ukraine, located at: Ukraine, Zhytomyr, 16 Hrushevskoho Street.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the Buyer's full and unconditional acceptance of its terms is the date on which the Buyer completes the order form on the Online Store website, provided that the Buyer receives electronic order confirmation from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Placing an Order
3.1. The Buyer places an order independently through the Online Store's Cart form, or by email or by calling the telephone number in the Online Store's Contacts section.
3.2. The Seller may refuse to hand over an order if the information supplied by the Buyer when ordering is incomplete or gives grounds to doubt its authenticity.
3.3. When ordering on the Online Store website, the Buyer must provide the following information required by the Seller to fulfil the order:
3.3.1. The Buyer's surname and first name.
3.3.2. The delivery address, if delivery is to the Buyer's address.
3.3.3. A contact telephone number.
3.3.4. The identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, article number and price of the Goods selected by the Buyer are shown in the Buyer's cart on the Online Store website.
3.5. If either party needs additional information, it may request it from the other party. If the Buyer fails to provide the required information, the Seller is not responsible for providing a quality service to the Buyer when purchasing Goods from the Online Store.
3.6. When ordering through the Seller's operator (clause 3.1 of this Offer), the Buyer must provide the information specified in clauses 3.3–3.4 of this Offer.
3.6. The Buyer accepts this Offer by entering the relevant details in the registration form on the Online Store website or by placing an Order through the operator. After an Order is placed through the operator, the Buyer's details are entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.8. By concluding the Agreement, that is, accepting the terms of this Offer (the proposed terms for purchasing Goods) by placing an Order, the Buyer confirms that:
a) The Buyer has fully read and agrees to the terms of this Offer.
b) The Buyer consents to the collection, processing and transfer of personal data. Consent to processing remains valid throughout the Agreement and indefinitely after its expiry. By concluding the Agreement, the Buyer also confirms being informed, without further notice, of the rights established by the Law of Ukraine “On Personal Data Protection”, the purposes of data collection, and the transfer of personal data to the Seller to fulfil this Agreement, make settlements and receive invoices, certificates and other documents. The Buyer also agrees that the Seller may grant access to and transfer the Buyer's personal data to third parties without additional notice to fulfil the Buyer's order. The Buyer knows and understands the scope of their rights as a personal data subject under the Law of Ukraine “On Personal Data Protection”.
4. Price and Delivery of Goods
4.1. Prices for Goods and services are set independently by the Seller and displayed on the Online Store website. All prices for Goods and services on the website are stated in Ukrainian hryvnias, including VAT.
4.2. The Seller may change prices for Goods and services unilaterally depending on market conditions. However, the Seller may not unilaterally change the price of an individual item that the Buyer has paid for in full.
4.3. The price of Goods shown on the Online Store website does not include delivery to the Buyer. The Buyer pays delivery charges at the applicable rates directly to the delivery service (carrier) chosen by the Buyer.
4.4. The price of Goods shown on the Online Store website does not include delivery to the Buyer's address.
4.5. The Seller may provide an estimated delivery charge to the Buyer's address upon the Buyer's request by email or when ordering through the Online Store's operator.
4.6. The Buyer's payment obligations are deemed fulfilled when the funds reach the Seller's account.
4.7. Payments between the Seller and Buyer for Goods are made using the methods stated in the Online Store's “Payment and Delivery” section.
4.8. On receipt, the Buyer must check the Goods in the presence of the delivery service's representative (carrier) against the qualitative and quantitative characteristics: name, quantity, completeness and expiry date.
4.9. When accepting the Goods, the Buyer or their representative confirms, by signing the sales receipt, order or delivery waybill, that there are no claims regarding the quantity, appearance or completeness of the Goods.
4.10. Ownership and the risk of accidental loss or damage pass to the Buyer or their representative when the Buyer receives the Goods at the place of delivery if the Seller delivers the Goods itself, or when the Seller hands the Goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller must:
5.1.1. Transfer the Goods to the Buyer in accordance with this Agreement and the Buyer's order.
5.1.2. Not disclose private information about the Buyer or provide third parties with access to it, except as provided by law and when fulfilling the Buyer's Order.
5.2. The Seller may:
5.2.1. Unilaterally change the terms of this Agreement and prices for Goods and services by publishing them on the Online Store website. All changes take effect upon publication.
5.3. The Buyer undertakes to:
5.3.1. Read the Agreement, its terms and the Seller's prices on the Online Store website before concluding the Agreement.
5.3.2. Provide all necessary details that identify them unambiguously as the Buyer and are sufficient to deliver the ordered Goods, so that the Seller can fulfil its obligations.
6. Returns
6.1. The Buyer may return non-food Goods of proper quality to the Seller if the Goods do not suit the Buyer in terms of shape, dimensions, style, colour, size or other reasons preventing their intended use. Goods of proper quality may be returned within 14 (fourteen) days, excluding the purchase date. A return is possible if the Goods have not been used and their saleable condition, consumer properties, packaging, seals and labels are preserved, together with the payment document issued to the Buyer. The list of Goods that cannot be returned on the grounds specified in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. The price of Goods of proper quality is refunded to the Buyer within 30 (thirty) calendar days after the Seller receives the Goods, subject to clause 6.1 of this Agreement and the current legislation of Ukraine.
6.3. Refunds are made by bank transfer to the Buyer's account.
6.4. The Buyer pays for returning Goods of proper quality to the Seller's address. The Seller does not reimburse these costs.
6.5. If defects are found during the established warranty period, the Buyer may personally make claims to the Seller under the Law of Ukraine “On Consumer Rights Protection”, in the manner and within the time limits set by Ukrainian law. For claims for free rectification of defects, the repair period starts when the Seller receives the Goods at its disposal and has physical access to them.
6.6. The Seller considers claims under the Law of Ukraine “On Consumer Rights Protection” provided that the Buyer submits the documents required by current Ukrainian legislation. The Seller is not liable for defects arising after the Goods were handed over to the Buyer as a result of the Buyer's breach of use or storage rules, third-party actions or force majeure.
6.7. The Buyer may not reject Goods of proper quality with individually defined properties if they can be used exclusively by the Buyer who purchased them, including non-standard dimensions, characteristics, appearance or configuration requested by the Buyer. Individually defined properties are evidenced by differences in the dimensions or other characteristics from those stated in the Online Store.
6.8. Returns in the cases provided by law and this Agreement are made to the address given in the website's Contacts section.
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties by improper installation, use or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper or late fulfilment of Orders or its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and Buyer are responsible for fulfilling their obligations under current Ukrainian legislation and this Agreement.
7.4. The Seller or Buyer is released from liability for full or partial non-performance if it results from force majeure, including war or hostilities, earthquake, flood, fire or other natural disasters arising independently of the Seller's and/or Buyer's will after this Agreement was concluded. The party unable to fulfil its obligations must notify the other party immediately.
8. Confidentiality and Personal Data Protection
8.1. By providing personal data on the Online Store website when registering or placing an Order, the Buyer voluntarily consents to the Seller's processing and use, including transfer, of that data and other actions provided by the Law of Ukraine “On Personal Data Protection”, without limiting the duration of that consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. Disclosure to contractors and third parties acting under an agreement with the Seller, including to fulfil obligations to the Buyer, and disclosure required by current Ukrainian legislation are not considered breaches.
8.3. The Buyer is responsible for keeping personal data up to date. The Seller is not liable for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.
9. Other Terms
9.1. This Agreement is concluded in Ukraine and is governed by the current legislation of Ukraine.
9.2. Disputes between the Buyer and Seller are resolved through negotiations. If negotiations do not resolve the dispute, the Buyer and/or Seller may refer it to the courts in accordance with current Ukrainian legislation.
9.3. The Seller may amend this Agreement unilaterally in the manner set out in clause 5.2.1. Amendments may also be made by mutual agreement of the parties in accordance with current Ukrainian legislation.
Seller's Address and Details
Individual entrepreneur “Магльований Микола Володимирович”
10029, Zhytomyr, 16 Hrushevskoho Street
Account: UA813052990000026000046406456 at JSC “PrivatBank”
MFO: 305299
Code: 3322602297
Tax identification number: 3322602297
No VAT certificate - WITHOUT VAT.
Telephone: (098) 8184117