Terms and conditions
GENERAL TERMS OF DELIVERY COCOBELT B.V.
FOR AGREEMENTS WITH CONSUMERS
Located at Parallelweg 2 in (1948 NM) Beverwijk, the Netherlands
Registered with the Chamber of Commerce under number 62648896
Article 1. Definitions
In these terms and conditions, the following terms shall be capitalised and used in the following meanings, unless explicitly stated otherwise:
- Cocobelt B.V.: the private company with limited liability Cocobelt B.V., contractual party to the Agreement with the Consumer and user of the applicable terms and conditions within the meaning of article 6:231 sub b BW.
- Offer/Quotation: proposal by Cocobelt B.V. to Consumer for concluding an Agreement, for example in a quotation or online.
- Consumer: the natural person who orders Cocobelt B.V. to deliver goods and does not act in the exercise of a profession of business, and the other party to the Agreement within the meaning of article 6:231 sub c BW.
- Right of withdrawal: the possibility for the Consumer of withdrawing from the remote Agreement within the applicable term.
- Standard form: the standard form made available to the Consumer by Cocobelt B.V. on its website, which form enables the Consumer to exercise his Right of withdrawal.
- Order: the assignment to deliver a product of Cocobelt B.V. or the placement of an order to do so.
- Agreement: the agreement between Cocobelt B.V. and the Consumer on the basis of which Cocobelt B.V. provides products and/or services to the Consumer.
- Remote Agreement: an Agreement whereby, in the context of a system for remote sale of products and/or services organised by Cocobelt B.V., up to and including the conclusion of the agreement, one or more technology for remote communication is/are used exclusively.
- Parties: Cocobelt B.V. and the Consumer collectively.
- Technology for remote communication: a means that can be used for concluding an agreement without the Consumer and Cocobelt being together in the same room.
Article 2. Applicability
- These terms and conditions apply to all Offers, Agreements, and deliveries of Cocobelt B.V. of any nature whatsoever, unless this applicability is fully or partially excluded in writing or expressly agreed otherwise.
- Any conditions by the Consumer are expressly rejected. Deviations from and additions to these conditions only apply if and to the extent that they have been expressly accepted in writing by Cocobelt B.V.
- When Cocobelt B.V. for any length of time tacitly allows deviations from these terms and conditions, this will not affect its right to demand immediate and strict compliance with these terms and conditions. The Consumer cannot in any way derive rights from the way in which Cocobelt B.V. applies these terms and conditions.
- These terms and conditions also apply to all Agreements with Cocobelt B.V. which implementation requires the involvement of third parties. These third parties can directly appeal to these conditions, including any limitations of liability.
- If one or more provisions of these terms and conditions or any other Agreement with Cocobelt B.V. should be in conflict with a mandatory statutory provision or any applicable legislation, the relevant provision will lapse and be replaced by a new, legally permissible and comparable provision to be determined by Cocobelt B.V.
- Cocobelt B.V. reserves the right to modify these terms and conditions at any time. The Agreement is always subject to the terms and conditions as they are at the time of the conclusion of the Agreement with the Consumer.
Article 3. Offers and prices
- All Offers by Cocobelt B.V. are revocable and are made without obligation, unless explicitly stated otherwise.
- The prices in the Offers by Cocobelt B.V. are inclusive of sales tax and other government charges, but exclusive of any shipping costs to be charged in the context of the order, unless otherwise indicated.
Article 4. Conclusion of the Agreement
The Agreement between Cocobelt B.V. and the Consumer is only concluded after the Consumer has completed the order process on the website and has paid the order amount to Cocobelt B.V. Cocobelt B.V. will then confirm the Order to the Consumer by e-mail as quickly as possible.
Article 5. Delivery and delivery periods
- Unless otherwise agreed, delivery will be done to the delivery address given by the Consumer. The shipping costs are borne by the Consumer and will be clearly stated in the offer by Cocobelt B.V.
- If Cocobelt B.V. requires information from the Consumer in connection with the execution of the Agreement, the delivery period shall commence after the Consumer has made all necessary data available to Cocobelt B.V.
- If Cocobelt B.V. has indicated a period for delivery or execution of the Agreement, it is only indicative. A specified delivery period is never to be regarded as a deadline. When a period is exceeded, the Consumer declares Cocobelt B.V. to be in default in writing. Cocobelt B.V. should then be given a reasonable period to still execute the Agreement.
- The risk relating to the delivered goods is transferred to the Consumer at the moment of delivery. Under these terms and conditions, delivery means: the moment when the goods are received by the Consumer.
- The Consumer is obliged to accept the purchased goods at the time at which they are made available or handed over to him.
- Cocobelt B.V. reserves the right to involve third parties not employed by her for the execution of (parts of) the order.
Article 6. Inspection period and right of withdrawal
- If the delivered goods do not comply with the Agreement, the Consumer must report any defects or mistakenly delivered goods to Cocobelt B.V. within a reasonable time after discovery. The Consumer is obliged to inspect the delivered goods immediately upon receipt and immediately report any defects found in writing.
- If there is a remote purchase, the offer shall also include an inspection period of at least fourteen (14) calendar days, starting the day after receipt by or on behalf of the Consumer, unless otherwise agreed. In that case, the sale is final when fourteen (14) calendar days after receipt of the goods have passed.
- During the inspection period, the Consumer has a Right of withdrawal, which gives him the possibility of returning the received goods without any obligation other than the direct cost of the return shipment, unless otherwise agreed.
- The Consumer can only invoke his Right of withdrawal by notifying Cocobelt B.V. of this in writing or by e-mail within a period of fourteen (14) calendar days after receipt by or on behalf of the Consumer. To that end, Cocobelt B.V. will make a Standard form available on its website. The completed Standard form should be sent via e-mail to firstname.lastname@example.org or by written mail to the mailing address of Cocobelt B.V. (Parallelweg 2, 1948 NM Beverwijk, the Netherlands).
- If the Consumer invokes the Right of withdrawal, Cocobelt B.V. will repay the amount already paid by the Consumer within thirty (30) calendar days.
- The Consumer can only actually use the Right of withdrawal if the related goods are returned complete, undamaged, unused, and in the original packaging. The Consumer is obliged to return the delivered goods to Cocobelt B.V. within fourteen (14) days after invoking the Right of withdrawal. The shipment costs are borne by the Consumer, unless expressly agreed otherwise.
- Tailor-made products and/or services are excluded from the inspection period and the right of withdrawal. Such exclusion shall be clearly stated in the offer.
Article 7. Invoicing and payment
Unless expressly agreed otherwise, payment of ordered goods shall be done by full payment in one instalment via one of the payment methods offered by Cocobelt B.V. on its website. The Consumer receives a specified invoice from Cocobelt B.V. by e-mail after receipt of payment.
Article 8. Liability
- If Cocobelt B.V. is liable for damage, then that liability, to the extent permitted by law, is limited to compensation for direct damage and to a maximum of the invoice amount of the Agreement, or the part of the Agreement to which the liability relates. Direct damage exclusively means:
- the reasonable costs of determining the cause and extent of the damage, insofar as this determination relates to the damage in the context of these terms and conditions;
- any reasonable costs incurred in order to have the faulty performance of Cocobelt B.V. comply with the Agreement, unless these cannot be attributed to Cocobelt B.V.;
- reasonable costs incurred to prevent or limit damage, insofar as the Consumer demonstrates that these costs have resulted in limitation of the direct damage under these terms and conditions.
- Cocobelt B.V. is never liable for indirect damage, including personal injury, consequential damages, lost profits, lost savings, and loss due to business interruption.
- Cocobelt B.V. is not liable for damages of any kind or in any form resulting from incorrect and/or incomplete information provided by the client. Any costs for Cocobelt B.V. arising from this are for the account of the client.
- The limitations of liability for direct damages in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Cocobelt B.V.
Article 9. Quality, compliance, and warranty
- Cocobelt B.V. guarantees that all goods supplied are reliable, meaning that the goods offer the safety that can be expected of them and that the goods are of the usual quality, that they are suitable for their purpose, and that they meet the requirements reasonably imposed here or as explicitly agreed between the parties.
- The warranty is determined by the applicable law, whereby Cocobelt B.V., in case of defects, shall first exchange or repair the goods at its own discretion. If an item cannot be repaired or if the exchanged item is also defective, the Consumer is entitled to return the items with a refund of the full purchase price.
- Drawings, technical descriptions, samples, images, colours, sizes, and material specifications are provided by Cocobelt B.V. in good faith and as accurately as possible. However, this informative data is not binding. Deviations in the goods delivered with the usual margins in the sector should be accepted and do not entitle the Consumer to complaining, replacement, compensation, or any other right, unless a smaller margin for deviations has been explicitly agreed in the Agreement.
Article 10. Force Majeure
- In the event of force majeure, Cocobelt B.V. is entitled to terminate the Agreement of suspend the fulfilment of its obligations to the Consumer for a reasonable time without any compensation being due.
- Force majeure is defined in the context of these terms and conditions as: a non-attributable shortcoming on the part of Cocobelt B.V., of its involved third parties or suppliers, or another serious reason on the part of Cocobelt B.V. due to which Cocobelt B.V. cannot execute the order in time or without objectively determined excessive effort and/or costs.
- If Cocobelt B.V., at the time the force majeure commences, should have already partially fulfilled its obligations or can partially fulfil its obligations, she is entitled to invoice the already delivered or deliverable part separately and the Consumer is obliged to pay this invoice as if it concerned a separate agreement. This does not apply if the already delivered or deliverable part has no independent value.
- Circumstances which may be understood as force majeure include: war, riots, mobilisation, domestic and foreign unrest, government action, strikes and exclusions by employees or threats of these and similar circumstances, disruption of the exchange rates existing at the time of entering into the Agreement, business interruptions due to fire, natural phenomena, etc., prevention of work due to natural phenomena, weather conditions which are as such that the work cannot be reasonably continued without endangering goods and/or people, and transport difficulties and delays in delivery resulting from road blocks and similar.
Article 11. Applicable law and dispute resolution
- All agreements entered into by Cocobelt B.V. and the Consumer are governed by Dutch law.
- The Dutch version of these terms and conditions is always decisive for the content and interpretation of the terms.
- All disputes – including those are only considered a dispute by one of the parties – which arise from an agreement upon which these terms and conditions apply in whole or in part, or arising from other agreements which are a consequence of such an agreement, shall be settled by the competent court in the district of residence of the Consumer. This is notwithstanding the possibility of Cocobelt B.V. and the Consumer agreeing to have the dispute settled by means of independent arbitration.