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Coolbe Terms of Use

# 1. General Provisions

These “Terms” is the contractual agreement between you and SIA “Joom”, where

  • “You” is a consumer in the European Union or the United Kingdom (“you”, “your”), acting in your capacity as a natural person and not as a business entity for commercial purposes, and
  • SIA “Joom” is a legal entity with registration number 40103993365 and registered address at 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia (“Coolbe”, “we”, “us”, “our”).

This agreement governs your use of and access to:

  • The website https://www.joom.com, https://www.coolbe.pl and any other websites owned or operated by Coolbe or any portions thereof (collectively, the “Website”),
  • Our mobile app “Coolbe” (the “App”, together with the Website and any resources, features, functionality, or services made available through the Website and/or App also referred to as the “Site”),
  • Content of Website and/or App (the “Content”), and
  • Customer service in relation to the Content (including refunds).

We kindly ask you to read these Terms and the Privacy Policy available at https://coolbe.pl/privacy carefully and fully before using the Site and registration on the Site. This is important as your use of our services or registration on the Site means that you agree to these Terms and acknowledge that you read our Privacy Policy. 

Coolbe reserves the right to modify or discontinue the Site (or any part thereof) linked to technical developments of the Site.Coolbe reserves the right to modify the Terms at any time, provided that each such modification will only apply to future purchases on the Site and will not affect your ongoing use of the Site. If you do not agree to these or any future Terms, please do not use (or continue to use) the Site. At its sole discretion, Coolbe may also offer other services or features governed by different terms and conditions.

Please feel free to contact Coolbe Support at support@coolbe.pl with any questions or concerns.

# 2. Coolbe’s Role in Transactions with You

Coolbe provides a platform for sellers who comply with Coolbe’s policies to offer and sell certain goods. Coolbe does not act as a seller of goods offered on the Site. By making an order on the Site, you conclude an agreement for purchase directly with a seller, not with Coolbe. Any rights that you may have in respect of any product you purchased are only against sellers from whom you purchase the product and not against Coolbe.

All sellers listed on the Site are traders (legal entities or their equivalents under the laws applicable to them). This means that the EU consumer protection legislation is applicable to you and your contract with the seller.

Please note that Coolbe has no control over the quality, safety, morality, or legality of any aspect of products, the truth or accuracy of products and the ability of sellers to sell products – it is a seller who is ultimately responsible for any such aspects.

You can find the contact details of the seller from whom you purchased/want to purchase a product in a product card. The seller is solely responsible for the validity and accuracy of the contact details they show in product cards. In case you cannot contact the seller via such contact details please notify us via support@coolbe.pl.

Coolbe acts as a commercial agent of sellers within the scope set in the agreement between them, including the powers and rights to negotiate and conclude transactions on behalf of sellers via the Site, set the final price for the products offered on the Site, and (at Coolbe’s sole discretion) assist sellers in the receipt and processing of buyer’s claims for refund and guarantee. Coolbe does not act as a commercial agent for you.

Please note that the price for which the product is offered to you may be personalized on the basis of an automated decision-making process and thus differ from prices offered to other users.

Coolbe does not provide payment services – it merely acts as an agent of sellers for purposes of receiving payments in favour of sellers, and paying the amounts owed to sellers with regards to transactions concluded by you and sellers on the Site. Coolbe is entitled to determine the payment services providers (“PSP”) that will take all necessary actions for payment, acceptance, acquiring, processing, and servicing of payments associated with transactions between sellers and you. Coolbe reserves the right to designate any number of PSPs.

You may have the right to request a chargeback. Chargeback as a rule means a reverse of the payment made by you in whole or in part, by the card issuer on your request or the request of an acquirer/other payment service provider according to the relevant payment scheme rules.

Coolbe is financially liable for chargebacks to sellers and for this purpose resolves chargeback-related disputes between customers (cardholders) and sellers. Due to this, chargebacks related to customers and associated with risks of fraud shall be investigated by Coolbe and payment service providers in accordance with their mutual contractual obligations.

Your payment obligation to a seller shall be deemed fulfilled from the moment of receipt of payment by Coolbe (or its PSP, as applicable). Coolbe (via its PSP, as applicable) is responsible then for remitting the funds to sellers as prescribed by the agreements between Coolbe, seller and PSP. If Coolbe (via its PSP) does not remit any such amounts to a seller, a seller will have recourse only against Coolbe (or its PSP, as applicable) and not you directly.

# 3. Suspension and Termination of the Service

Coolbe has the right and on its own discretion to temporarily suspend or terminate your use of the Site and/or your registration privileges, upon providing a prior written notice. The reason for that may be your misuse of the Platform, breach of these Terms or your violation of any law. The duration of the suspension will depend on and correspond to the severity of the violation. Violations shall be understood as:

  • Violation of our or any third party’s intellectual property rights.
  • Any kind of payment-related fraud. This covers the use of a stolen credit card for payments on the Site, use of third-party or false data to make a payment.
  • Frequent provision of Information provided by you (i.e. published or made available on the Site) that is illegal content (“Illegal Content”). Illegal Content includes, but is not limited to, any information irrespective of its form relating to illegal content, products, services and activities such as illegal hate speech, terrorist content, any kind of discriminatory content, inappropriate images depicting child sexual abuse, the unlawful non-consensual sharing of private images, online stalking, unauthorised use of copyright or otherwise protected material etc. and breach of sections 6 and 7 of these Terms.
  • Violation due to verbal or written abuse of any kind (including threats of abuse or retribution) of any Coolbe employee, officer, partner, or customer Violation of sanction laws (for example, one or more international government sanctions lists include your data).
  • Violation of the provisions of these Terms.
  • Any kind of actions that may pose a risk to your account or other users accounts' security: the use of another user's account, using the same account by different persons, attempting to obtain other users' passwords or access their accounts, misrepresenting an identity or affiliation with any other person, concealing a real IP address etc.
  • Frequent Submission of manifestly unfounded notices under the notice and action mechanism at Coolbe or frequent submission of manifestly unfounded complaints under the internal Complaint Handling Procedure of Coolbe.
  • Some of the above examples also constitute a violation of these Terms. In addition to the above, the breach of the Terms includes, but is not limited to:
  • Provision of false information to the Coolbe support team (for example, photo and video evidence you provide in support of your statements or allegations or to receive a refund for an order are edited in special programs and thus are false).
  • The percentage of returns and/or refunds of orders exceeds half of the total number of orders made on the Site and/or half of the total amount paid for orders made on the Site.

If Coolbe terminates your use rights, Coolbe shall still have the right to exercise any of its additional rights and legal remedies in case there are any claims, damages, awards, costs, and/or liabilities due to or connected to any of your breach or violation.

Once your account on the Site is blocked, you will no longer be able to make new orders or use your bonus points, but you still can:

  • Access your authorized user account,
  • View information about your orders,
  • Publish reviews about your orders,
  • Contact the Coolbe support team (in particular, to dispute the suspension or termination of your account),
  • Send requests for refunds and inform us about returns of orders.

In case you consider Coolbe to be in breach of any of its obligations (either those provided in these Terms or those provided by law), you also have the right to terminate these Terms by cancelling your registration on the Site.

# 4. Privacy

To learn how we collect, use, disclose, protect data about you (often known as personal data) please refer to our Privacy Policy at https://coolbe.pl/privacy. Please contact us via privacy@coolbe.pl if you have any privacy-related requests or need additional information.

# 5. Requirements for the Information You Post or Display

You as a user agree that any information you post, or display shall:

  1. Be true, accurate, complete, and lawful,
  2. Not be false, misleading, or deceptive,
  3. Not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors,
  4. Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
  5. Not violate these Terms and privacy policy.

# 6. Your Obligations

Being a user of the Site, you agree that you shall:

  1. Use the Site in compliance with these Terms and the applicable law. This means that your activities on the Website or in the App shall not contradict the applicable laws and regulations.
  2. Notify Coolbe beforehand if you wish to make orders not as a consumer but for a purpose attributed to your professional capacity or business activity.. By default, we consider you to be a natural person and consumer, as the purpose and operation of the Site.
  3. Provide correct and valid address for delivery purposes. We rely on such information, for example, to ensure that tax and duties are correctly calculated and applied. The address you identify as a delivery address shall be the place where you receive the product and where the dispatch of the product ends. By making an order on the Site, you confirm that the address specified by you is full, valid, and correct.
  4. Not to defraud any person or entity by using the Site (for example, by using stolen credit/debit cards),
  5. Not misrepresent yourself or your affiliation with any person or entity (for example, by registering on the Site under a different person’s name or using someone’s else credentials).
  6. Not practice spamming or phishing of any kind.
  7. Not copy, reproduce, exploit or expropriate Content or Site and/or various proprietary components, directories, databases and listings thereof.
  8. Not involve any computer viruses, other destructive devices, methods and technologies, including codes and botnets, that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information.
  9. Not involve any scheme to undermine the integrity of the data, systems, or networks used by Coolbe and/or the Site or gain unauthorised access to such data, systems, or networks.
  10. Not to access, use or attempt to copy, reproduce, exploit, or expropriate our API unless authorised by Coolbe for a specific purpose.

# 7. Age Verification

The Site is not designed and intended for minors and shall not be accessed by those. You are allowed to register on the Site if you are either 18 years of age or older, or if you are 16 years of age, and you are registering with the permission and consent of your parents or legal custodian/guardian and you will use the Site under their supervision. Children under the age of 16 are not allowed to become Coolbe users, and parents or legal guardians may not agree to these Terms on their behalf.

If you are a resident of a state, province, or country that imposes additional or different age requirements for the use of the Site or any part of it, by registering as a user you represent that your registration as a user, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country. Please refer to the Privacy Policy to see the list of personally identifiable information.

# 8. Communication

In case consent is required under the law applicable to you, by accepting these Terms, you provide your consent to us to contact you through email (if you share it with us), mobile phone (if you share it with us) and other ways through the Site, including push notifications.

We will send you notifications related to the use of the Site, security, or other Site-related issues and promotional messages. You may change your communication preferences at any time by adjusting your personal settings or by sending us your request via privacy@coolbe.pl. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices as such notices are not of marketing nature.

Coolbe has the right, but not the obligation, to monitor, decline, edit, or remove all or a portion of any postings, submissions or content in case it violates these Terms.

By using the Site or communicating with Coolbe or others by means of your access to the Site, you consent to receive communications from Coolbe, including emails, text, or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Site, including spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.

# 9. Ownership

The Site and all its components and features, Content and all intellectual property rights included in or associated with it, including patents, copyrights, trademarks, service marks, logos, know-how are either owned by Coolbe or owned by the third parties and licensed to us. All rights, title, and interest in and to the listed above in this paragraph remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice, or legend contained at the Website, App or in the Content.

You shall not access the Site by any means other than through the Site (i.e. the interface Coolbe provides via the Site).

Please do not use any part of the Coolbe’s intellectual property or content: your use of the Site or any party of it does not grant you any right, license, or permission of any kind to reproduce or use such Coolbe’s intellectual property and/or content.

The Site may include information and materials uploaded by other users of the Site, including bulletin boards and chat rooms which have not been verified or approved by us. The views expressed by other users on the Site do not represent Coolbe’s views or values.

# 10. Consequences of Your Feedback and Content Submissions

Coolbe welcomes your feedback via the email addresses indicated for specific purposes. However, if you send us, or post, or embed on Website, App or via any part of them

  • Any feedback, messages or comments,
  • Your creative or original concepts or ideas,
  • Any content, data, text, photographs, graphics, or other materials, or
  • Any confidential, proprietary or other information (a “Submission”),

you represent and warrant to Coolbe that you are either the owner of the Submission or have the right to grant Coolbe the license set out below.

You agree that by using all or part of a Submission, Coolbe shall not compensate you for any such license or Submission in addition to the provided possibility to use the Site, that any such Submission shall not be considered confidential or non-public once submitted to Coolbe, and that Coolbe alone is free to post or use all or any part of the Submission. If all or part of a Submission is posted or used via the Site, you agree that the Submission and its content become publicly available and can be used by others.

By providing a Submission to Coolbe via Website, App, or otherwise, you:

  • Agree not to make any Submission that violates in any way these Terms or includes Inappropriate content as defined below;
  • Automatically grant Coolbe a worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission and exercise all copyright, publicity, and other rights with respect to any such Submission for the duration of the copyrights, including any legal extension, for any reason whatsoever; and
  • Assume liability for any such use of the Submission via the Site, and indemnify and hold Coolbe harmless for any third party claims against Coolbe arising out of such use of the Submission.

You also grant each user of the Site a worldwide, non-exclusive license to access your Submission through the Site, and to use, reproduce, collect, distribute, share, display, and perform such Submission as permitted through the Site and under these Terms, for the duration of the copyrights, including any legal extension, for any reason whatsoever.

# 11. Moderation of Content and Submissions Made by Users

Coolbe conducts content moderation of any content and Submission you as a User submit to the Site, including in the form of Reviews published in “Users’ reviews” section on the Site and the ‘Reviews’ section in the product card of each product, and other information submitted by you to the Site. This process is performed via the use of pre-defined parameters and automated tools such as automated text recognition software and as well as with involvement of human review. An example of the use of a software system for content moderation is the automatic detection of prohibited words in content and Submission that suggest harassment, profanity, pornography or any other words or materials of inappropriate nature and the automatic detection tool for personal data, with the use of bots or similar software applications.

Content moderation is performed aiming to react, detect, identify and eliminate questionable, Inappropriate content or Illegal content which is not permitted on the Site. Inappropriate content includes, for example, firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material as well as any reference or mention of the listed objects. In case of submitting questionable, Inappropriate or Illegal content, Coolbe may at its own discretion impose restrictions on your ability to post or access reviews or other submissions, comment on other users’ content, like, and other actions interacting with other users’ Submissions, at the occasion of which you can demonstrate that posted content or Submission is not inappropriate.

We also reserve the right to disclose your identity to any third party claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

# 12. Linking and Third-Party Content

The Site may contain links to third-party websites not under our control or operation. Coolbe or users may provide any such links only as a convenience. Coolbe is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content, image, materials and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses, and any other harmful content.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, and you must not establish a link to our site on any website that is not owned by you. The website to which you are linking must comply in all respects with our content standards from time to time.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. Otherwise, we reserve the right to withdraw linking permission without any notice at any time.

# 13. Copyright Infringement

We respect artist and content owner rights, and Coolbe carefully considers notices of any alleged infringements.

If you believe that your copyrighted work is used in a way that constitutes copyright infringement and is accessible on Coolbe, please notify Coolbe’s copyright agent at ipr@coolbe.pl. When filing your report, please provide the following information:

  • An electronic or physical signature of a person authorised to act on behalf of the copyright owner,
  • Identification of the copyrighted work that you claim has been infringed,
  • Identification of the material that is claimed to be infringing and where it is located on Coolbe,
  • Information reasonably sufficient to allow Coolbe to contact you, such as your address, telephone number, and e-mail address,
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law, and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.

# 14. Recommender System, Ranking and Search Results

The Site allows you to search for specific products by entering relevant keywords in the search bar. The search results will display products that match your search query. The ranking of the results depends on several parameters, which can be found on the search page. These parameters are explained in more detail below.

The products displayed in the search results and among recommendations are presented on the Site by and in the name of legal entities or individual entrepreneurs who are bound as professional sellers by obligations provided in the legislation applicable to you. The products are ranked by an automatic ranking and recommendation algorithm ("Algorithm"). The Algorithm selects items most relevant and closely matching to your search query or products with which you previously interacted. The higher the level of similarity between the product's name, description, and photos to your search query, the higher it will appear in the search results and more prominent it will be among recommendations. The level of correspondence is the most influential factor that determines the ranking of products in your search results and recommendations.

The list of factors the Algorithm considers while selecting such most relevant products is the following:

  • Name and description of the product contained in the product card (i.e., the algorithm will choose products with the most precise product descriptions corresponding to your request),
  • Name of the category within which the product is offered on the Site,
  • Different options of the same product (such as size, color, model etc.),
  • Country of product’s origin (example: you search for Korean cosmetics, and the largest number of the most relevant products is offered by sellers of Korean origin).

The Algorithm considers different factors to provide search results and recommendations based on whether you are a new or existing user:

  • For new users, the Algorithm primarily takes into account the user's country and the ID of the product to recommend and rank products. Products that are popular among users in the same country will be prioritized and ranked higher than less popular ones.
  • For existing users, the Algorithm considers the history of your interaction with the Site such as clicks on product cards, time spent on a product card, saved items, purchases and others. These actions are interpreted as user preferences and used by the Algorithm to provide more relevant recommendations and search results.

The above explains how the Algorithm selects a particular set of candidate products from all the products available in your region. These products are then automatically arranged from the most relevant to the least relevant, and then displayed to you in a certain order. To range the candidate products in such a manner, the Algorithm considers the following criteria:

  • How popular is the product (how many users searched, viewed, and ordered a particular product),
  • Number of reviews and product rating (you can find this information in the product card),
  • Your country as specified in your settings or previously used delivery address (the most popular products in your region will be considered as more relevant),
  • Price (the lower the price for a product corresponding to your request, the more the popularity of this product among users of the Site, while the algorithm is construed in the manner when it chooses the most popular products among those corresponding to your request). One of the additional (supplemental) automatic mechanisms of the Algorithm is the one that ensures a variety of price ranges in recommendations to be presented to you.
  • Your history on the Site (your previous views and purchases of products on the Site).

The Algorithm is also enhanced by the neural net model that continues to self-educate constantly. This model primarily analyses product photos and names and decides how well they correspond to the search inquiry. The higher the level of correspondence between the wording of a search inquiry to product photos and a product name, the higher the product will be ranked among search results.

Among the search results, you will see products marked with an “AD” badge. The presence of such a badge means that a seller paid for the promotion of such a product and for the higher ranking of the product among search results. Products with such badges are still corresponding to your search query and are chosen by the same Algorithm described above. The total number of “AD” products in search results will not exceed 40% of the total number of the products chosen by the algorithm.

# 15. Reviews and Product Rating

Product reviews are available on the Site in product cards and in a separate section “Users’ reviews”.

In each product card on the Site, you can find reviews and ratings of the product, i.e. the feedback left by users who ordered that product on the Site. The rating of the product is shown as the number of stars and a numeric value is calculated as the average rate of the published product reviews. The functionality of the review and ratings in product cards makes it impossible for other third parties who have not ordered the product to publish reviews and ratings for such products.

In case the product has different variants (size, colour, etc.) that are available for order in the same product card, reviews for all such variations of the product are published on the same product card page.

Neither Coolbe nor sellers can edit published reviews or delete them, while the author itself can update, amend or delete its reviews at any time. However, all the published reviews are moderated (either automatically or manually) for abusive and explicit language, hate speech or other violations of these Terms or may be delisted based on a substantiated claim of the seller whose product has been reviewed (for example, when the content of the review does not relate to the product or where there are substantiated and supported doubts about the authenticity of the review). Such reviews will be deleted, and their rates will not be considered for the calculation of the product rating value.

Users may be encouraged to publish reviews – for example, bonus points or other rewards (for example, coupons) may be offered for publication of the review for the ordered product. Nevertheless, the reward is not dependent on the review content (i.e. whether the review is positive or negative).

In some product cards among reviews of users, the feedback of the quality specialist may be found. Quality specialists are outside service providers who check one example of the product before it is dispatched to the customer. In particular, they check if the product to be dispatched is the one that was shown to a customer in the product card, whether the packaging is damaged somehow which may affect the safety during transportation and some other requirements depending on the type of product. Please note that quality specialists do not check the operability of the product and whether it is fully compliant with the product offer presented on the Site by the seller. The specialist checks only one random example of the product sent by the seller to a particular customer, and its review does not prejudice the quality or conformity of all such products. The actual seller whose contacts are available in the product card remains solely and fully liable to you for any non-compliance or defects of the product.

There is also a separate section on the Site “Users’ reviews” where all users of the Site can publish the posts related to the products offered on the Site. Each registered user of the Site can post information related to the products offered on the Site regardless of whether the user ordered the product or not. We do not verify correctness of posts published in the mentioned section and the fact whether the user used the product(s) referred to in the post.

# 16. Sales, Custom and Taxes (including VAT)

To comply with consumer legislation, we strongly encourage our sellers and users to maintain good standing with respect to custom and value-added taxes and duties.

Your purchases on the Site may be subject to specific sales, custom, or value-added taxes which will be applicable to your orders and shall be paid by you. When ordering via the Site you act as an importer of goods and must fully comply with all laws and regulations of the country to which you order products.

Prices displayed on the Site include applicable VAT and other taxes (if any applicable to the product and your contract for purchase of such product). Please note that VAT and other taxes amounts may be adjusted after you specify the full address. In any case such adjustment will be made before the payment stage, so you know the exact and full amount you shall pay for the order. In case there are shipping costs, they are also displayed on the Site. The total cost of the order is the price of the ordered products and the delivery costs (if any). Additional costs such as custom taxes may be applicable to your orders.

Invoices will be either automatically generated and available to you upon purchase on the Site or will be provided to you by sellers in a paper format. Issued invoices shall be considered as invoices for VAT purposes. By making orders on the Site, you agree to receive the invoices electronically (via emails) or via your account on the Site. If you have not received the invoice within 30 days from the day of the order, please check whether you provided the correct email address or contact Coolbe support team.

Different logistics providers, customs brokers and other third parties may be involved in the delivery of the ordered products to you and customs clearance activities. The following companies may be engaged in customs clearance of the ordered products:

  • G3 Worldwide Hong Kong Limited
  • Koninklijke PostNL B.V.
  • Bpost Hong Kong Limited
  • Bpost N.V.
  • China Post Express Logistics Co., Ltd
  • Hermes BorderGuru GmbH
  • DHL eCommerce Hong Kong Limited
  • Compañía Auxiliar al Cargo Express, S.A.
  • Sociedad Estatal Correos y Telégrafos, S.A.
  • Hecny PAL Limited
  • HongKong YunExpress Logistics Limited
  • Paket Taşimacilik Sistemleri Ve Tur. Bil. Tic. A.Ş.

Please note that the list is not exhaustive. Should you require an up-to-date list of the companies contracted, please reach out to the Coolbe Support team.

By placing an order on the Site, you also agree that companies in charge of the delivery of the ordered products to you (including those listed above) will provide the customs clearance services in your name and on your behalf as required by custom authorities. Such entities shall be considered as duly authorized by you for the provision of any such activities required for the delivery of the products.

You will be responsible for paying all taxes associated with your activity in connection with the Site as applicable in your country of residence.

# 17. Guarantee

You are entitled under the legislation of your place of residence to the legal guarantee of conformity for the product received and legal warranty against hidden defects. This means that for a certain limited period of time (which is usually equal to 2 years from the moment when you receive the product) you have the right to request from the seller one of the following remedies: to repair the product, replace the product, reduce the price or cancel the contract and get the reimbursement of the price paid for the product in full.

In case commercial guarantee (which needs to be more advantageous than the legal guarantees specified above) and after-sales services are offered by the seller, you will have the right to request the seller to provide you with such commercial guarantee under the conditions freely determined by the seller and provided in the product card of the ordered product.

The legal warranties of conformity and against hidden defects apply independently of the commercial guarantee that may cover your product, as defined by the seller.

# 18. How to Purchase

It is easy to make a purchase from the Coolbe website.

  1. Choose a product, pick a variant (colour, size, bundle option),
  2. “Add to cart”,
  3. Choose the quantity (the default quantity is 1),
  4. “Buy”,
  5. “Next”,
  6. Input your personal data and shipping information,
  7. Check the data and confirm your order.
  8. Input payment card data: card number, expiration date, and CVV code (card data is encrypted and processed by the billing system of the bank).

Please note that we update the order making flow dynamically to make your experience on the Site better or to comply with changes in the legislation.

When making payment for product chosen by you on the Site, you shall use the necessary payment services of the designated payment service providers (PSP) to pay for the product. If you do not want to proceed with PSPs available, please leave the payment window and cancel your order.

Your payment may be processed through SIA Joom (Gustava Zemgala gatve 78-1, LV-1039, Riga, Latvia) or Joom USA Inc (701 Palomar Airport Rd Suite 300, Carlsbad, CA 92011).

Should you make further purchases on the Site, you agree to use the services of the same PSP or you can change PSP by choosing other method of payment within available ones.

The seller will receive your order information 2 hours after payment. If you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to Request a Refund” below), and it will be cancelled immediately. Note that this right is additional to your right of withdrawal as specified in the below section.

It typically takes 1-2 days for a seller to ship your order, although the exact shipment and delivery times will vary depending on your location. However, if the seller does not dispatch the order within 10 calendar days from the date of your order, the order will be automatically cancelled, while the funds paid for the order by you will be refunded within 14 calendar days.

# 19. Refund Terms. Withdrawal right

You are entitled to a full refund from the seller if:

  1. The product has not been delivered within the timeframe indicated at the moment of the order for the reasons outside of your fault. For example, if you do not pick up the product delivered to the pick-up point specified in your order, this would not be qualified as non-delivery. The mentioned period may be extended in specific cases - you will be notified about any such extension before your order is accepted.
  2. Product quality is different from the one that was specified in the relevant product description on the Site and there is no way you can enjoy the product properly. For example, it may be the case if the information provided in its description turns out to be incorrect.
  3. You decide to exercise your right for withdrawal (please see below more details).

Coolbe support team can help you and review the request for refund within a limited period of time as specified below.

Coolbe’s voluntary quality guarantee: Coolbe’s support team will review your claims related to the quality of products ordered on the Site that are made within 30 calendar days from the day when the relevant product has been received by you according to the tracking information available to Coolbe (this may be the information shared with Coolbe by the seller or by logistics operator in charge of delivery). In case the 30-day term is expired, or you do not agree with the decision of Coolbe, you shall contact the seller from whom you ordered the product. In some cases, you may be requested to provide additional evidence (such as a photo or a video of the product claimed to be defective) in order to ensure that you are entitled to a refund or other kinds of compensation by the seller or by Coolbe (in case any Coolbe’s compensation is offered to you additionally to those that are provided by law and which shall be ensured by the seller).

Please note that this additional Coolbe guarantee is separate from the mandatory legal guarantee of the seller. The seller remains the party to the contract with you and is responsible for handling any requests regarding your rights within the warranty period that applies to your product.

In case you are entitled to return the product by the applicable law (i.e., in case the product is defective or wrong, you have a warranty claim), you will be compensated with the documented costs of return by the seller. In other cases (such as the exercise of the withdrawal right) you shall bear the costs of return.

To whom to return the product: you should return the product to the seller. Please note that if the seller is located outside of the country to which the product was ordered by you, you might be required to ship the product to such another country where the seller is located. Return address is always available in the product card in the seller’s information section. Additionally, you can contact Coolbe support team any time to confirm the return address.

The refund may be withheld until the seller collects the returned product or until you provide proof of dispatch of the product, whichever is the earlier.

Conditions for exercising your withdrawal right provided by sellers:

You have the right to withdraw from the contract with seller for the purchase of product within 14 days without giving any reason.

The withdrawal period will expire within 14 days from the day when you received the product (i.e. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product).

To exercise the right of withdrawal, you shall contact Coolbe via support@coolbe.pl and clearly state that you want to withdraw from the contract (the order made on the Site). You can also contact the seller directly via the contact details available in the product card or provided to you by the Coolbe support team upon your request.

You may also use this model of withdrawal form:

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of [here the trader’s name, geographical address, e-mail address and, where available, his fax number are to be inserted by the trader]:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): [please complete]

Ordered on (*)/received on (*) [Date],

[Name of consumer(s)

[Address of consumer(s)

[Signature of consumer(s) (only if this form is notified on paper)]

[Date]

(*) Delete as appropriate

If you exercise your right of withdrawal on the Site (by sending a withdrawal request via the chat with the Coolbe support team), we will provide you on behalf of the seller with an acknowledgement of receipt of the withdrawal request on a durable medium without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period (which is a 14-day period from the date of the receipt of the product) has expired.

If you withdraw from the contract, you will be reimbursed or will be assisted with requesting reimbursement of payments paid by you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery available to you at the moment of the order completion), without undue delay and in any event not later than 14 days from the day on which you informed Coolbe and the seller about your decision to withdraw from the contract. Reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise or unless the same method of payment is not available anymore (for example, your bank card is valid, the payment method is supported on the Site).

You shall send back the product to the seller using its return address available in the product card without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to Coolbe and the seller. The deadline for the return of the product is met if you send back the product before the expiry of a 14-days period starting from the day you inform the seller and Coolbe of your decision to withdraw.

You will have to bear the direct cost of returning the product.

You are only liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.

Exceptions from the right of withdrawal:

You have no right to withdraw from the contract with the seller in case:

  1. The product is made to your specifications or clearly personalised.
  2. The product is liable to deteriorate or expire rapidly.
  3. The product is a sealed product which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery.
  4. The product is the product or set of products which are, after delivery, according to their nature, inseparably mixed with other products.
  5. The product is an audio or sealed video recording or sealed computer software which were unsealed after delivery.
  6. The product is a newspaper, periodical, or magazine with the exception of subscription contracts for the supply of such publications.

# 20. How to Request a Refund?

There are several ways to request a refund from the seller:

  • If less than 2 hours have passed since you purchased the product, you can cancel the order and get a full refund. Go to “My Orders”, tap the order you want to cancel, and tap the “Order cancellation” button on the bottom of the order page.
  • If the quality of the product you’ve received does not correspond to the information provided in its description on the Coolbe Site. Go to “My Orders”, tap the order you want to refund and tap “Product related issues”.
  • If the term for the delivery of the product to you has passed and your order has not yet been delivered. Go to “My Orders”, tap the order you want to refund and tap “No” on a green pop-up.
  • If you decide to exercise your right of withdrawal as per the rules specified in the previous section. Go to “My Orders”, tap the order you want to refund and tap “Product related issues”.

The refunded amount will be transferred via PSP to the card you’ve used to make your purchase. Please note that there may be exceptions such as, for example, technical inability to process the refund via the same payment method, or expiration of your card. In this case, you will be asked to provide another card, or your PayPal wallet details to proceed with the refund.

We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 days.

# 21. Warranty Disclaimer and Limitation of Liability

To the extent possible under the governing law, your use of the product is at your own risk.

To the extent allowed under applicable law, Coolbe, its licensors or suppliers and the seller hereby further expressly disclaims all liability for any claims for product failures that are due to product misuse, abuse, product modification, improper product selection by you or your non-compliance with any and all applicable laws.

Other than as permitted by law, Coolbe does not exclude, limit or suspend other rights you have that cannot be legally limited or excluded. In particular, nothing in these Terms shall exclude liability for:

  1. Death or personal injury
  2. Coolbe's gross negligence
  3. The statutory warranty of seller for hidden defects and the statutory warranty of conformity of products.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account on the Site, in any way (by operation of law or otherwise) without Coolbe’s prior written consent. We may not transfer, assign, or delegate these Terms and our rights and obligations, which may result in a diminution of your rights, without your consent.

# 22. Choice of Law, Jurisdiction, and Dispute Resolution

These Terms and your use of the Site shall be interpreted in accordance with the laws of Latvia except for the mandatory provisions of the law of your country of residence. If you are a consumer and have your residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence as well as has the right to file a claim via an online dispute resolution platform accessible via https://ec.europa.eu/consumers/odr.

All claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Site will be determined in accordance with the laws of the country of your residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Riga, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Riga or to the competent court of the country of your residence.

If you would like to bring a matter to our attention, please send an email to support@coolbe.pl.

Complaint Handling procedure: Your right to dispute over the suspension or block of your account or removal of allegedly illegal content or content prohibited by these Terms:

If your account on the Site has been suspended or terminated due to the illegality of the information you provided, or if the information you uploaded or posted on the Site has been removed due to its illegality, you have the right to appeal the decision. The appeal period is six months from the day you were informed of the decision to remove your content or suspend/terminate your account.

To appeal the decision, please contact us via report@coolbe.pl and provide clear and detailed information about your case, including:

  • Any information that may help identify your account and the information removed,
  • Any information about prior communication regarding the illegality of content you posted or uploaded on the Site,
  • The reasoning confirming the legality of the content you posted or uploaded or its conformity with these Terms,
  • Any other information you consider relevant to the case.

Please be aware that you have the right to appeal any decision made, not only by using the procedure described above, but also with the assistance of an out-of-court dispute settlement body. This means that you can ask such a settlement body to consider your case, regardless of whether you have already appealed the decision through our internal complaint-handling procedure. If you need help finding information about such a settlement body, please contact us at report@coolbe.pl.

# 23. Dispute Notice

Before initiating any dispute or any court proceedings, you and Coolbe each agree to first provide the other with a written notice (“Notice of Dispute”). The Notice of Dispute shall contain:

  1. A written description of the problem and relevant documents and supporting information.
  2. Statement of the specific relief sought.

A Notice of Dispute shall be sent to 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia and emailed to support@coolbe.pl. Coolbe will provide a Notice of Dispute to you via the email address linked to your Coolbe User ID. You and Coolbe agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to initiate any court proceedings until this 45-day post-notice resolution period expires.

# 24. How to Contact Coolbe

  • Coolbe Support via support@coolbe.pl with any questions or concerns regarding the Site.
  • Report illegal content via report@coolbe.pl. Please be informed that only substantiated complaints can be effectively processed by Coolbe. You can find more information on the requirements for submissions about illegal content in the article “Single point of contact and notification about illegal content” in the Help Centre for customers (https://www.coolbe.pl/en/faq/article/654098ede6251d299d1f4e50).
  • Manage your personal data by sending an email at privacy@coolbe.pl.
  • If you would like to report a copyright infringement, please notify us at ipr@coolbe.pl.