General Terms and Conditions Cocos Lifestyle
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: termination and extension, duration
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Duration agreement: an agreement that provides for the regular delivery of goods, services and/or digital content during a specific period;
7. Durable medium: any instrument – including email – that enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of his order;
12. Distance communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur having to be in the same place at the same time.
Article 2 – Identity of the entrepreneur
Trade name: Cokos Lifestyle
Address: Tweemontstraat 55, 2100 Deurne, Belgium (not a visiting address)
Phone number: +32 (0)486 64 75 23
Email address: info@cokos.eu
VAT identification number: BE07 63 705 348
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. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the legal framework, inquire 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 the entrepreneur, based on this investigation, has good reasons not to enter into the contract, 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 in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. 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;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form;
g. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
Extended reflection period for products if not informed about right of withdrawal:
3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
4. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. 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 shall return 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 shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he 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 for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
Article 10 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 11 – Compliance with the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
Article 12 – Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 13 – Duration transactions: termination and extension, duration
Cancellation:
1. The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or during a specific period;
– at least cancel in the same manner as they were entered into by him;
– always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension:
4. An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.
6. An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 14 – Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer.
Article 15 – Complaints procedure
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.
Article 16 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law.
Article 17 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Model withdrawal form
(complete and return this form only if you wish to cancel the agreement)
To Cokos Lifestyle
Tweemontstraat 55
2100 Deurne, Belgium
or email to: info@cokos.eu
I hereby inform you that I revoke our agreement regarding:
- the sale of the following goods:
Ordered on:
Received on:
Name(s) of consumer(s):
Consumer(s) address:
Signature of consumer(s) (only when this form is submitted on paper):
Date:
(*) Cross out what does not apply
Privacy statement Cokos Lifestyle
May 22, 2018
Your privacy is very important to Cokos Lifestyle. We therefore adhere to the privacy law. This means that your data is safe with us and that we always use it properly. In this privacy statement we explain what we do at the webshop www.cokos.eu with information that we learn about you.
If you have any questions or would like to know exactly what information we keep about you, please contact Cokos Lifestyle.
Process order
When you place an order with us, we use your personal data to process it properly. We may then give your personal data to our delivery service to have the order delivered
For this we use your date of birth, name and address details, email address, telephone number and billing address. We do this based on your permission. We store this information until your order is completed and seven years thereafter (which is the legal retention obligation).
Data that you enter on our website when placing an order is stored on the servers of our processor Impact One. Impact One ensures a level of security that matches the data to be processed and takes adequate measures to protect data against loss or any form of unlawful processing. For example, a secure SSL connection is used as standard.
Your payment will be processed by Mollie.
Your payment is processed through an API link. This means that it is an automatic process. Your data is secured in the same strict manner as described above. Mollie offers multiple payment options. For this they use automated decision-making. In order to enable the option of paying afterwards, Mollie may store and collect data from you. For more information regarding Mollie's privacy statement, please visit https://www.mollie.com/nl/privacy .
Providing to third parties
We work with certain companies that may receive your personal data mentioned above.
- We work with multiple carriers.
- We maintain the administration in accordance with legal obligations.
Advertisement
We would like to send you advertising about offers and new products or services. We do this:
- via social media
- via mailing
You can object to this advertising at any time. You can block us or use the unsubscribe option.
Location data
Sometimes it is necessary for our webshop www.cokos.eu to find out where you are. We then ask separately if we may know this and only if you give permission, we receive this information.
For this service we use the navigation and location software on your phone, tablet or computer. We have no control over what the makers of this software (such as Google Maps) do with it. So always read their privacy statements.
Provision to other companies or institutions
With the exception of the partners mentioned above, we will not under any circumstances provide your personal data to other companies or institutions, unless we are legally obliged to do so (for example, if the police demand this on suspicion of a crime).
Our webshop contains social media buttons. The administrators of these services use these buttons to collect your personal data.
Cookies
The webshop uses cookies. Cookies are small files in which we can store information so that you do not have to fill it in again. But we can also see that you are visiting us again.
When you visit our webshop for the first time, we will show a notification with an explanation about cookies. We will ask for your permission for the use of these cookies.
You can disable the placing of cookies via your browser, but some parts of our webshop will then no longer work properly.
Google Analytics
We use Google Analytics to track how visitors use our webshop. We have concluded a processor agreement with Google. This contains strict agreements about what they are allowed to track. We have not allowed Google to use the obtained Analytics information for other Google services. We do not let Google anonymize the IP addresses.
Security
Security of personal data is of great importance to us. We ensure that your data is well secured with us. We continually adjust the security and pay close attention to what can go wrong.
Changes to this privacy statement
When our webshop changes, we must of course also adjust the privacy statement. So always pay attention to the date above and check regularly for new versions. We will do our best to announce changes separately.
View, change and delete your data
If you have any questions or would like to know what personal data we have about you, you can always contact us. See the contact details below.
You have the following rights:
- receive an explanation of what personal data we have and what we do with it
- access to the precise personal data we have
- having errors corrected
- having outdated personal data deleted
- withdrawal of consent
- object to a particular use
Please note that you should always clearly indicate who you are, so that we can be sure that we do not adjust or delete data from the wrong person.
File a complaint
If you feel that we are not helping you in the right way, you have the right to file a complaint with the supervisory authority. This is called the Dutch Data Protection Authority.
Contact details
Coconut Lifestyle
Tweemontstraat 55
2100 Deurne, Belgium