First of all
We have a ‘YES!’ mentality. This means that if there is ANYTHING, just send us an email and we will do our utmost to come up with a solution.
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following definitions are applicable:
- Consideration Time: the period of 14 Days during which the Consumer can execute the Right of Withdrawal.
- Consumer: the natural person not dealing on behalf of a company or profession.
- Customer: the party who comes to a Distance Agreement with COHORS.
- Day: a calendar day.
- A length Transaction: a Distance Agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
- Durable Medium: any instrument which enables the recipient or COHORS to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
- Right of Withdrawal: the possibility for the Consumer to terminate the Distance Agreement within the Consideration Time.
- COHORS: the party who offers distance products to Customers.
- Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
- Technique of Distant Communication: a means that can be used to close an agreement without the Customer and COHORS have gathered together in the same place and at the same time.
- Terms and Conditions: the terms and conditions of COHORS.
ARTICLE 2 – CORPORATE IDENTITY
3071 NS Rotterdam
Phonenumber: +31 655303335 (Monday to Friday from 9:00 am – 6:00 pm)
Chamber of commerce number: 75855674
VAT identification number: NL860421326B0
ARTICLE 3 – RELEVANCE
- These Terms and Conditions apply to any offer of COHORS and to every finalized Distance Agreement between COHORS and the Customer.
- Before the Distance Agreement is concluded, the text of the Terms and Conditions is being made available to the Customer on the website of COHORS. If this is reasonably not possible that before the Distance Agreement is concluded, it will be indicated that the Terms and Conditions can be seen at COHORS and on request of the Customer these Terms and Conditions shall be sent to the Customer as soon as possible without extra costs.
- If the Distance Agreement is concluded electronically, notwithstanding the previous article and before the Distance Agreement is concluded, the text of the Terms and Conditions can be made available electronically to the Customer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the Distance Agreement is concluded it will be indicated where the Customer can find the Terms and Conditions electronically and that these Terms and Conditions at the Customer’s request will be sent electronically or otherwise to the Customer without extra cost.
- For the case that besides these Terms and Conditions, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting terms and conditions the Customer can appeal on the relevant terms and conditions which are the most favorable for the Customer.
ARTICLE 4 – OFFER
- If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
- The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper Customer’s assessment of the products or services. The images used by COHORS are true representations of the products and services. Obvious mistakes and errors do not bind COHORS.
- Each offer contains such information that it is clear for the Customer which rights and obligations are related to the offer when it is accepted by the Customer. This concerns in particular:
- price inclusive taxes;
- possible costs of delivery;
- the manner in which the agreement has been concluded and the necessary signatures;
- whether to apply the Right of Withdrawal;
- the method of payment, delivery and performance of the contract;
- the deadline for accepting the offer or the period within which COHORS guarantees the price;
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication;
- if the agreement after the conclusion is archived and if so how to consult it for the Customer;
- the manner in which the Customer, before concluding the agreement, can check and if necessary, also restore the information provided by him under the agreement;
- any other languages, including Dutch, for the agreement;
- the codes of conduct to which COHORS is subject and the manner in which the Customer can consult electronically the codes of conduct; and
- the minimum duration of the Distance Agreement in the event of a length transaction.
ARTICLE 5 – THE AGREEMENT
- The agreement is finalized, subject to the provisions in paragraph 4, at the moment the Customer accepts the offer and meets the conditions.
- If the Customer has accepted electronically the offer, COHORS immediately confirms electronically that he has received the acceptance of the offer. As long as COHORS has not confirmed the acceptance, the Customer can terminate the agreement.
- If the agreement is concluded electronically, COHORS will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the Customer can pay electronically, COHORS will observe the necessary security measures.
- COHORS can notify or check, within the legal framework, if the Customer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound Distance Agreement. If COHORS based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
- COHORS shall send the following information with the products or services, written or in such a manner that the Customer can store in an accessible way the data on a Durable Medium:
- the address of the company for the Customer to file complaints;
- the conditions and the way how the Consumer can execute the Right of Withdrawal and a clear indication related to the exclusion of the Right of Withdrawal;
- information about after sales guarantees and services;
- article 4 paragraph 3 unless COHORS has already sent this information before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
- In case of a length transaction the previous clause e. is only applicable for the first delivery.
ARTICLE 6 – PRICING
- During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
- Notwithstanding the previous paragraph COHORS can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where COHORS has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement only if COHORS has stipulated this and:
- these are the result of legal regulations or provisions; or
- the Customer has the competence to terminate the agreement from the Day the price increase takes effect.
- The in the offer mentioned prices include VAT.
ARTICLE 7 – CONFORMITY AND GUARANTEES
- COHORS ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed in writing, COHORS also ensures that the product is suitable for other than normal use.
- A guarantee provided by COHORS, manufacturer or importer does nothing to alter the rights and claims which the Customer under the agreement can put forward against COHORS.
ARTICLE 8 – DELIVERY AND EXECUTION
- COHORS shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
- The address that has been made known by the Customer to COHORS is considered to be the delivery place.
- Taking into account what is stated in article 4 of the Terms and Conditions, COHORS shall execute the accepted orders expeditiously but not later than within 30 Days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the Customer is notified about this no later than 30 Days after he placed the order. In that case the Customer has the right to terminate the agreement without any further cost.
- In the event of termination in accordance with the previous paragraph, COHORS shall pay back the amount that the Customer has paid as soon as possible but no later than 30 Days after the termination.
- If the delivery of an ordered product appears to be impossible, COHORS shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The Right of Withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of COHORS.
- The risk of damage and/or loss of products rest with COHORS until the moment of delivery at the Customer or a pre-designated and an announced representative to COHORS, unless otherwise expressly agreed. In case of a damaged product, the Customer has to report this by email within 3 Days to the following address: email@example.com
ARTICLE 9 – COMPLAINTS
- COHORS features a sufficiently publicized complaints procedure and handles the complaint according to this complaints’ procedure.
- Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to COHORS after the Customer has observed the defects.
- The complaints submitted to COHORS will be answered within a period of 14 Days from the Day of receipt. If a complaint has a foreseeable longer processing time, COHORS will answer within 14 Days an acknowledgement and an indication when the Customer will receive a more detailed answer.
- If a complaint cannot be resolved by mutual agreement, then there is a dispute that is subject to the dispute settlement.
ARTICLE 10 – LIABILITY
The total of any liability of COHORS shall be limited to the amount which is paid out under COHORS liability insurance in the matter concerned. If and insofar as no payment is made pursuant to the insurance referred to, for any reason whatsoever, any liability shall be limited to the total amount of the purchase price or rate that COHORS has charged the Customer for the product c.q. services.
ARTICLE 11 – SEVERABILITY
If any provision of the Terms and Conditions and/or Distance Agreement shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Terms and Conditions and/or Distance Agreement shall be interpreted so as best to reasonably effect the intent of the Parties. The Parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid and unenforceable provisions.
ARTICLE 12 – DISPUTES
Dutch law exclusively applies to agreements between COHORS and Customer whereupon these Terms and Conditions are related to.
PROVISIONS RELATED TO TRANSACTIONS WITH CONSUMERS
ARTICLE 13 – RIGHT OF WITHDRAWAL
- After delivery of the product(s), the Consumer can execute the Right of Withdrawal within the Consideration Time without giving reasons. The Consideration Time starts on the Day after the Consumer receives the product or a pre-designated representative by the Consumer made known to COHORS.
- During the Consideration Time the Consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the Right of Withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to COHORS, in accordance with the provided reasonable and clear instructions of COHORS.
ARTICLE 14 – WITHDRAWAL COSTS
- If the Consumer executes the Right of Withdrawal, he will have to pay no more than the costs of returning the product.
- If the Consumer has made a payment, COHORS shall pay back this amount as soon as possible but no later than within 30 Days after the repeal or after the return shipment.
ARTICLE 15 – EXCLUSION RIGHT OF WITHDRAWAL
- COHORS can exclude the Right of Withdrawal of the Consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the Right of Withdrawal applies only if COHORS has clearly mentioned this at least in time before the conclusion of the agreement.
- Exclusion of the Right of Withdrawal is only possible for the following products:
- which are established by COHORS according to specifications of the Consumer;
- that they are clearly personal in nature;
- which cannot be returned because of their nature;
- that can spoil or age quickly;
- whose price is bound to fluctuation on the financial market which COHORS has no influence;
- individual newspapers and magazines;
- for audio and video recordings and computer software of which the Consumer has broken the seal.
- Exclusion of the Right of Withdrawal is only possible for the following services:
- concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period.
- whose delivery has begun with the express consent of the Consumer before the consideration period has expired.
- concerning betting and lotteries.
ARTICLE 16 – ADDITIONAL AND DIFFERENT PROVISIONS
Additional or different provisions compared to the Terms and Conditions may not be to the prejudice of the Consumer and should be recorded in writing in such a manner that the Consumer can save these in an accessible way on a Durable Medium.