General Terms and Conditions   Cozy Cott

 

Article 1 – Definitions

In these conditions the following definitions apply:

1. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur. 

2. Reflection period: the period within which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur; 

4. Day: calendar day; 

5. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period; 

6. Model form: the European model form for withdrawal included in Appendix I of these conditions; 

7. Entrepreneur: the legal entity that offers products remotely to consumers, Cozy Cott; 

8. Distance agreement: an agreement in which, within the framework of a system for the distance sale of products organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

 

Article 2 – Identity of the entrepreneur

Cozy Cott

Laan van Bentvelsen 34, 2614 KH Delft

info@cozycott.com 

Chamber of Commerce number: 74043242 

VAT identification number: NL859753979B01

 

Article 3 – Applicability

1. These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. If the distance contract is concluded electronically, the entrepreneur can make the text of these General Terms and Conditions available to the consumer by e-mail. If this is not reasonably possible, the entrepreneur will indicate how the consumer can take note of the General Terms and Conditions before concluding the distance contract.

 

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, the entrepreneur will explicitly state this in the offer.

2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. The images used by the entrepreneur are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

 

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the conditions set.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by e-mail. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

5. The entrepreneur will send the following information to the consumer in writing or by e-mail no later than upon delivery of the product:

1. the manner in which the consumer can submit a complaint;

2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

3. the information about warranties and existing after-sales service; and

4. the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract.

 

Article 6 – Right of withdrawal 

1. The consumer can terminate an agreement regarding a purchase during a cooling-off period of at least 14 days without giving reasons. 

2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times; or

2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.

 

Article 7 – Obligations of the consumer during the cooling-off period 

1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store. 

2. The consumer is liable for any reduction in value of the product that is the result of a way of handling the product that goes beyond what is described in paragraph 1.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. 

2. The consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired. 

3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. 

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 

5. The consumer bears the direct costs of returning the product.

 

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the entrepreneur allows the consumer to notify his withdrawal via e-mail, he will immediately send a confirmation of receipt after receiving the e-mail. 

2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but in any case within 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier. 

3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer. 

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

 

Article 10 – Exclusion of right of withdrawal

The entrepreneur can exclude the products from the right of withdrawal, but only if he has clearly stated this in the offer, at least in time before concluding the agreement:

1. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

2. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.

 

Article 11 – The price

1. The prices stated on the website include VAT, unless stated otherwise. If the consumer is not in the country of shipment, any sales tax and/or import duties due are at his expense. 

2. The prices stated on the website are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. The prices shown may be changed prior to or after the purchase process if it appears that the prices have been stated incorrectly. 

3. The entrepreneur reserves the right to change the prices stated on the website as a result of changes in VAT rates. 

4. The prices stated on the website do not include shipping costs for the products on the website, unless otherwise stated. The shipping costs stated on the website only apply to deliveries within the Netherlands, unless otherwise stated. 

5. The prices stated on the website cannot change during a purchase. The consumer pays the amount that is visible with the product and that is also confirmed to him after purchasing the product. 

6. If the consumer purchases a product during a period in which no promotion applies, he will not be eligible for a discount afterwards.

 

Article 12 – Compliance with agreement

The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement.

 

Article 13 – Shipping and delivery

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products. 

2. The place of delivery is the address that the consumer has communicated to the entrepreneur. 

3. Taking into account what is stated in the OFFER article of these General Terms and Conditions, the entrepreneur will make every effort to deliver the accepted orders within the stated periods, unless a different delivery period has been agreed. The delivery times indicated on the website are indicative and not strict deadlines. The entrepreneur is not liable for damage resulting from exceeding delivery times.

4. If delivery is delayed due to unforeseen circumstances, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.

5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer. 

6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

7. The products must be assembled yourself, unless otherwise agreed.

 

Article 14 – Returns

1. If a product appears to be damaged after receipt, the consumer must report this to the entrepreneur immediately, but in any case within 48 hours of receipt. The product or its parts will be exchanged by the entrepreneur free of charge for exactly the same product, under the following conditions: 

   1. The consumer must have the (original) invoice; 

   2. The product must be unused; and 

   3. The product must be returned in the original packaging.

2. If the consumer has mistakenly received another product instead of the ordered product, the entrepreneur will exchange it free of charge for the product ordered by the consumer. In this case, the consumer must have the (original) invoice, the product must be unused, and the product must be returned in the original packaging. 

3. If the consumer has not observed the periods mentioned in the previous paragraphs and/or the product 

   1. was returned without the original invoice; 

   2. is not in the original packaging; and/or,

   3. appears to have been used, 

then the rights of the consumer described in the previous paragraphs expire and the purchased product remains the property of the consumer. In that case, the entrepreneur will return the product to the consumer and will charge him for the shipping costs.

 

Article 15 – Complaints and warranty

1. The consumer can file a complaint about the product by telephone or via info@cozycott.com report to the entrepreneur, whereby the consumer must describe the complaint as specifically as possible. If the consumer submits a complaint via e-mail, the entrepreneur will contact the consumer as soon as possible. 

2. The consumer can file a complaint about the delivery of the product by telephone or via info@cozycott.com report to the entrepreneur. If the consumer submits a complaint by e-mail, the entrepreneur will contact the consumer as soon as possible.

3. The entrepreneur usually handles complaints by e-mail within 14 days of receipt. After a complaint has been settled, it will be confirmed to the consumer by e-mail.

4. The supplier and/or manufacturer's warranty applies to every product that the entrepreneur supplies to the consumer. The duration of this warranty depends on the product. 

5. Only the first owner can claim the supplier and/or manufacturer warranty. The warranty expires after the product has changed ownership.

6. If the product becomes defective within the warranty period, the entrepreneur will reimburse the buyer for the full purchase price. However, this does not apply when:

   1. There is intent or deliberate damage;

   2. The consumer has repaired and/or edited the delivered product himself or has had it repaired and/or edited by third parties; or

   3. The consumer has exposed the delivered product to abnormal conditions, has treated it carelessly, or has used the delivered product contrary to the instructions of the entrepreneur and/or instructions for use of the product.

7. For the situations referred to in paragraphs 5 and 6, no refund will be made if/if the buyer cannot provide a purchase invoice. After the warranty period has expired, the replacement value also expires in the event of a possible claim for damages. Payment will then be made on the basis of current value.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. 

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

 

Article 17 – Liability

1. The entrepreneur is not liable for damage to persons, animals or objects due to:

   1. Intention, gross negligence and/or culpable conduct by the consumer; or 

   2. Injudicious and/or improper use of the product by the consumer.

2. Before using the delivered product, the consumer consults the instructions on the packaging and/or the entrepreneur's website. 

3. The entrepreneur is not liable for non-delivery or delayed delivery of your order if this is the result of circumstances beyond the entrepreneur's control, such as extreme weather conditions, transport delays or stagnations, postal delays or stagnation or strikes. This also includes delays in delivery because the entrepreneur no longer receives the ordered product from its suppliers.

 

Article 18 – Disputes

1. Dutch law applies to all legal relationships between the entrepreneur and the consumer. 

2. All disputes, even those that are only experienced as such by one of the parties, must be submitted exclusively to the competent court in the place of business of the entrepreneur. 

3. However, the entrepreneur is entitled to submit any disputes to another competent court.

 

Article 19 – Copyright

All content such as images and files on the website are the property of the entrepreneur. All content used for the design of the website was commissioned by the entrepreneur. Use of the entrepreneur's images by third parties is not permitted without written permission from the entrepreneur. All references, quotes and images from external sources are copyright of their respective owners. The entrepreneur does not make any claim to ownership of these resources. If you believe that references to and/or quotations and images from certain external sources conflict with rules, rights or interests, please contact us.

 

Appendix I: Model withdrawal form

Model withdrawal form

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

At:

[name of entrepreneur]

[entrepreneur's geographical address]

[entrepreneur's email address]

I hereby inform you that I revoke our agreement regarding the sale of the following product: [product designation],

received on [date of receipt].

[name of consumer]

[consumer address]

[signature of consumer)] (only when this form is submitted on paper)