Transactional Terms & Conditions
The following sets out the terms and conditions of the contract of sale (‘the Contract’) which applies to purchases on the Coolmarket website. In relation to transactions on our website between a purchaser and an authorized third party seller (I.e. where we are not the vendor) then the Contract is between the authorized seller and the purchaser in which case our status is strictly limited to that of a payment collection agent acting on behalf of the seller.
1. The contract of sale
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The prices payable for goods that you order are as set out in Our Site.
2.2 You may be required to pay for delivery and it might not be possible for us to deliver to some locations.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the 7th day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. The right of cancellation under the provision of clause 1 does not apply to any transaction:
3.1.1 Conducted as an auction;
3.1.2 Where the price for the supply of the goods, services or facilities in question is dependent on fluctuations in the financial markets and cannot be controlled by the supplier;
3.1.3 Where the goods in question are made to the consumer’s specifications, are clearly personalized, by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly;
3.1.4 Where audio or video recordings or software are unsealed by you;
3.1.5 For the sale of newspapers, periodicals, magazines or books;
3.1.6 For the provision of gaming or lottery services; or
3.1.7 For the provision of accommodation, transport, catering or leisure services or facilities which we undertake to provide on a specific date or within a specified period.
3.2 To cancel your contract you must notify us in writing.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address in their original unopened packaging at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, you will be refunded as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we cancel your contract we will notify you by email and will refund you as soon as possible but in any event within 30 days of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, subject to Clause 3 above we shall have no liability to you unless you notify us in writing at our contact address of the problem within 48 hours of the delivery of the goods in question.
6.2 If you notify a problem to us under clauses 6.1 above, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including (if applicable) obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 2nd Floor, Guardian Life Building
2 Graham Street, Ocho Rios, St. Ann, Jamaica and/or by email to us at [email protected] and all notices from us to you will be displayed on our website from to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under it.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with Jamaican law and the Jamaican courts shall have jurisdiction to resolve any disputes between us.
13. Entire agreement