TERMS & CONDITIONS
On the Site you can also purchase CoolPack’s products. In case you purchase products on the Site, the purchase would be subject to our Terms of Sale, which also include details on which company of the VF Group would sell the products to you.
1.1 - For any business relationship between CoolPack and the customer starting from 10.11.2018 the following General Terms and Conditions will apply, regardless of the means of communication used.
1.2 - The customer recognizes the validity of CoolPack’s General Terms and Conditions for the entire business relationship. CoolPack will not recognize any different conditions of the customer unless the management of CoolPack has expressly agreed in writing to their validity. If the customer enters into a business relationship with CoolPack by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and CoolPack.
CLOSURE OF THE PURCHASE CONTRACT AND CANCELLATION
2.1 - The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the checkout button you are making a binding order for the goods contained in the shopping basket. An email confirming and containing the receipt of the order will occur after payment has been secured. This confirmation e-mail represents the acceptance of the contract by CoolPack.
2.3 - If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately by email or phone call and offered a full refund for missing items.
2.4 - CoolPack reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
2.5 - All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again.
2.5 - Policies regarding the conditions for and consequences of cancellation are set out in the following section Cancellation Policy
2.2.1 - Cancellation rights
You have the right to cancel this contract within fourteen (14) days without stating any reason. The statutory cancellation period is fourteen (14) days days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item. In order to cancel your contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by conventional mail, fax or e-mail (contact details below). You are also welcome to use the sample request for cancellation included (Section 2.2.4). To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Ul. Sw. Teresy 178
91,222 Lodz Poland
2.2.2 - Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within thirty (30) days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods.
You must send back or hand back the goods without delay, and in any case at the latest within fourteen (14) days from the day you informed us of the cancellation of this contract, to the addresses below:
Ul. Sw. Teresy 178
91,222 Lodz Poland
The deadline is met if you dispatch the goods before the expiry of the period of fourteen (14) days.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of using the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
2.2.3 - Coolpackbags.com cancellation form
Should you wish to withdraw from a contract, please fill out this form and send it back to us/alternatively please ensure that all the required information is included on any communication with us.
I hereby withdraw from the contract agreed to by myself for the purchase of the following items:
• Item name(s) and number(s)
• Ordered on(*)/received on(*)
• Name of customer(s)
• Address of customer(s)
• Order Number/PO Number
• Signature of customer(s) below (only if done by letter)
2.2.4 - Cancellation where the product is not faulty within 14 days after delivery
Subject to the rest of this clause 2.2.5, irrespective of your other rights for faults with the product and your right of withdrawal (Section 2.2.1), you may cancel a contract and return any delivered product to us for any reason at all, if you are not happy with it, provided that you have notified us in writing within 14 (14) days of delivery of the product that you wish to cancel the applicable contract and to return the product at our risk. Moreover, you are only allowed to cancel this contract if you send the product back in its original packing, you only tried the product on in a way comparable to trying it on in a usual store and the product is not damaged. The notice must be sent in writing or in any other durable medium to:
Ul. Sw. Teresy 178
91,222 Lodz Poland
Your notice shall be deemed to have been given on the day on which it was sent. Please use the form/provide the information requested in section 2.2.3.
Once you are in the possession of the goods you are under the duty to retain them and take reasonable care of them. The product must be returned to us in its original condition.
2.2.5 - If you cancel under this clause 2.2.4
Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
2.2.6 - Gift Vouchers
In the case of a product being purchased with gift vouchers, we reserve the right to refund any amounts due to you for cancelled and returned products by crediting your account with the value of the order.
3.1 - Should nothing different be requested by the customer then the delivery address entered by the customer at the Shipping stage of the checkout will be used. Please note we are unable to change the delivery address after the item has shipped.
3.2 - Delivery is assigned to different delivery couriers depending on the country.
3.3 – The customer shall incur the cost of the delivery which will be indicated during the checkout process. Delivery shall be free of charge for any purchases over 60 Euros. Delivery charge and shipping time can be found here.
3.4 - If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. Where re-delivery is required these costs will also be the responsibility of the customer.
3.5 - The customer takes over the risk once he/she takes possession of the item.
3.6 - Delivery and service delays due to acts of God are not the responsibility of CoolPack. Such events give CoolPack the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Acts of God include but are not limited to strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at CoolPack or distributors of CoolPack.
3.7 - In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
PAYMENT AND LATE PAYMENTS
4.1 - All product prices at CoolPack are gross prices and include the current rate of VAT and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice.
4.2 - The retail price is payable upon placement of an order.
4.3 - The customer can pay the purchase price by credit/debit card, Pay Pal and Pay Pal express. In the case of payment by Pay Pal Express, CoolPack will store the e-mail address and delivery address supplied to Pay Pal so that we can process the order.
GUARANTEE & WARRANTY
5.1 – All of our products are protected under warranty period based on the legal regulations and specific product range. Our products are covered under a two (2) year warranty period unless specified otherwise in the product description.
5.2 - The guarantee is not valid against normal wear and tear caused by use of a product.
5.3 - Should a defect in a purchased item be the responsibility of CoolPack, then CoolPack is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If CoolPack fails to respond to the warranty claim within two weeks of the customer’s notification, the claim is automatically considered as accepted. If CoolPack is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of CoolPack or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
5.4 - If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then CoolPack will bill the customer for any expenses incurred. To avoid any issues please contact us before sending in items for warranty examination. In many cases we can avoid the need to send items.
Ul. Sw. Teresy 178
91,222 Lodz Poland
5.5 - Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
6.1 - Claims by the customer other than the guarantee claims laid down in Section 8, especially damages claims, are excluded, in as far as this is legally permissible. Thus CoolPack accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of CoolPack is excluded or limited. This also applies for the personal liability of employees, representatives or agents.
6.2 - The liability limitation defined in Section 9.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
6.3 - CoolPack accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
LINKS AND REFERENCES
7.1 - The links to outside pages made by CoolPack are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. CoolPack does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
7.1 - On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform CoolPack of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then CoolPack may withdraw from the contract, in as far as such a contract has been made.
APPLICABLE LAW AND JURISDICTION
8.1 - Polish law applies.
8.2 - In all legal matters Polish law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between CoolPack and the customer applies, in as far as this is legally permissible.
8.3 - For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable.
8.6 - CoolPack recognizes the Internet Ombudsman as an extrajudicial arbitration agency: Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Wien, Austria www.ombudsman.at
8.7 - The Online Dispute Resolution platform of the European Union (ODR platform): The ODR platform is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services out-of-court at a low cost in a simple and fast way. The Online Dispute Resolution Platform can be reached here.
9.1 - All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection policies. More information on our Data protection policies can be found here.
10.1 - Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract remain unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
11.1 - All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CoolPack or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of CoolPack and protected international copyright laws. All software used on this site is the property of CoolPack or its software suppliers and protected by international copyright laws. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CoolPack. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CoolPack and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing CoolPack's name or trademarks without the express written consent of CoolPack.
12.1 - CoolPack graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The CoolPack Corporation. CoolPack's trademarks and trade dress may not be used in connection with any product or service that is not CoolPack's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CoolPack. All other trademarks not owned by CoolPack that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CoolPack.
13.1 - CoolPack attempts to be as accurate as possible. However, CoolPack does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CoolPack itself is not as described, your sole remedy is to return it in a new, unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1 - This site is provided by CoolPack on an "as is" and "as available" basis. CoolPack makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, CoolPack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CoolPack does not warrant that this site, its servers, or e-mail sent from CoolPack are free of viruses or other harmful components. CoolPack will not be liable for any damages of any kind a rising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state/country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
15.1 - We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.