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 – Exercising the right of withdrawal by the consumer and costs thereof

Article 9 – Obligations of the entrepreneur upon withdrawal

Article 10 – Exclusion right of withdrawal

Article 11 – The price

Article 12 – Compliance and extra guarantee

Article 13 – Delivery and performance

Article 14 – Duration transactions: cancellation and renewal, 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:

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 a 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 related to his trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

8. Right of withdrawal: the option of the consumer to waive 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 organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement use is made of one or more techniques for distance communication;

11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Appendix I need not be made available if the consumer has no right of withdrawal with regard to his order;

12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

Trade name: Cocos Lifestyle

Address: Koningsduin 63, 1901 ZV Castricum (not a visiting address)
Phone number: 06-17840595
E-mail address: info@cokos.eu
Chamber of Commerce number: 70119570
VAT identification number: NL191214693B01

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, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer. consumer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

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 mutatis mutandis and the consumer can always invoke the applicable provision that is most relevant to him in the event of conflicting terms and conditions. is favorable.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or 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 the acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the 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 ensure a safe 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 those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of 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 implementation.

5. The entrepreneur will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, no later than upon delivery of the product, service or digital content to the consumer:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

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

c. the information about warranties 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 termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;

f. if the consumer has a right of withdrawal, the model form for withdrawal;

g. In the case of a long-term 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 cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not 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 in advance by the consumer, who is not the carrier, has received the product, or:

a. if the consumer has ordered several 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, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

b. 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 the last part;

c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Extended reflection period for products if you do not inform about the 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 form for withdrawal, the reflection period will expire twelve months after the end of the original reflection 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 cooling-off period, the cooling-off 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 the 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 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 depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

3. The consumer is not liable for depreciation 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 – Exercising the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of 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. 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 returns the product with all accessories supplied, 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 the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

5. The consumer bears 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 for returning the goods.

6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur upon withdrawal

1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.

2. The entrepreneur will reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, immediately 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 paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.

3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund 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 as a result of changes in VAT rates.

2. Contrary to the previous paragraph, the entrepreneur can 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 dependence on fluctuations and the fact that any stated prices are target prices are 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. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel 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 extra guarantee

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 requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. 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 on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract. the agreement.

Article 12 – Delivery and performance

1. The entrepreneur will take 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. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously 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 or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 – Duration transactions: cancellation and renewal, duration

Cancellation:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.

2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of at most one month.

3. The consumer can use the agreements referred to in the previous paragraphs:

– cancel at any time and not be limited to cancellation at a specific time or in a specific period;

– cancel at least in the same way as they have been entered into by him;

– always cancel with the same notice period as the entrepreneur has stipulated for itself.

Extension:

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement by the end of the extension with a notice period of no more than one month.

6. An agreement that has been entered into for a definite period and that extends to 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 a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, 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 (trial or introductory subscription) is not tacitly continued and ends 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. to postpone.

Article 14 – Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. 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 to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur 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 statutory interest is due on the amount still due 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 can deviate from the stated amounts and percentages in favor of the consumer.

Article 15 – 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 implementation 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 foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 16 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

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

(only complete and return this form if you wish to revoke the contract)

To Cocos Lifestyle

King dune 63

1901 ZV Castricum

or email to: info@cokos.eu

I hereby inform you that I have our agreement regarding:

  • the sale of the following goods:

Ordered on:

Received on:

Name(s) of consumer(s):

Address consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):

Date:

(*) Strike out what is not applicable

.

Privacy statement Cocos Lifestyle

May 22, 2018

Your privacy is of great importance to Cocos Lifestyle. We therefore comply with 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 want to know exactly what we keep track of you, please contact Cocos Lifestyle.

Process order 

When you place an order with us, we use your personal data to handle it properly. We may then provide your personal data to our delivery service to have the order delivered

For this we use your date of birth, name and address, e-mail address, telephone number and billing address. We do this on the basis of your consent. We keep this information until your order is completed and seven years after that (which is the statutory retention obligation).

Information 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 fits 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 here in the same strict manner as described above. Mollie offers several payment options. For this they use automated decision-making. In order to make it possible to pay 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 several carriers.
  • We keep records in accordance with legal obligations.
Advertisement

We would like to send you advertising about offers and new products or services. This is what we do:

  • through social media
  • by 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 will 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 do not provide your personal data to other companies or institutions under any circumstances, unless we are legally obliged to do so (for example, if the police requires this if a crime is suspected).

Social media buttons are included in our webshop. With this, the administrators of these services 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 enter it every time. But it also allows us to see that you visit us again.

When you visit our webshop for the first time, we show a message with an explanation about cookies. We will hereby ask for your agreement to the use of these cookies.

You can disable the placing of cookies via your browser, but some parts of our webshop will no longer work properly.

Google Analytics

We use Google Analytics to keep track of how visitors use our webshop. We have concluded a processing agreement with Google. This contains strict agreements about what they are allowed to keep. 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 properly secured with us. We always adapt 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.

Access, change and delete your data

If you have any questions or want to know what personal data we have about you, you can always contact us. See contact details below.

You have the following rights:

  • get 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
  • to have obsolete personal data removed
  • withdraw consent
  • object to a particular use

Please note that you always clearly state who you are, so that we can be sure that we do not change or delete data from the wrong person.

To file a complaint

If you think that we are not helping you in the right way, you have the right to submit a complaint to the supervisory authority. This is called the Dutch Data Protection Authority.

Contact details

Coconut Lifestyle

King dune 63

1901 ZV Castricum

info@cokos.eu