General terms and conditions for www.cocacann.com and parent company.Cocacann.com offers her customers the possibility to buy the products from her web-shops (and all other country Cocacann domains) online. The general terms and conditions (“Conditions”) apply to every order placed by a visitor to this web-shop, hereinafter referred to as the “Customer”. When placing an order via the web-shop, the customer accepts these terms and conditions, thus agreeing to the applicability of these terms and conditions to the exclusion of all others.
OFFER
Despite the fact that the online offer is composed with the utmost care, it is still possible that the offered information is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer do not bind Cocacann.com. In no case Cocacann.com is liable for material errors, misprints or printing errors. If the Customer has specific questions about products, availability, delivery time or delivery method, we request that they contact our customer service department in advance by e-mail (info@cocacann.com) . The offer is always valid as long as the stock lasts and can be adapted or withdrawn by Cocacann.com at any time. We can not be held responsible for the unavailability of a product.
INHALTSVERZEICHNIS
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 reflection 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 right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional guarantee
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or different provisions
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
1. Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Grace 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 delivered in digital form;
6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
7. Durable medium: every tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract between the trader and the consumer concluded as part of an organised system for distance selling of products, digital content and/or services, whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Cocacann.com and all other Cocacann country domains.
Article 3 – Applicability
1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
13. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, the way in which the general conditions can be viewed at the trader’s premises and that they will be sent free of charge to the consumer as quickly as possible, at the consumer’s request.
14. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
15. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy 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.
16. 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
17. 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. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organisational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the limits of the law – to inform the consumer of his payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its implementation.
5. No later than at the time of delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:
1. The visiting address of the trader’s business establishment where the consumer can lodge complaints;
2. The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
3. Information about warranties and existing after-sales service;
4. The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. If the consumer has a right of withdrawal, the model form for withdrawal.
1. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6 – RIGHT OF WITHDRAWAL
1. The consumer can terminate an agreement related to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but may not oblige the consumer to state his reason(s).
6. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and 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, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
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, the last shipment or the last part has received;
3. In case of contracts for regular delivery of products during a certain period: the day the consumer or a third party designated by him, has received the first product.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE REFLECTION PERIOD
1. During the reflection 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 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.
18. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
19. The consumer is not liable for any reduction in value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
20. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the period has expired.
21. The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the trader provided reasonable and clear instructions.
22. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
23. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the return costs.
24. If the Client cancels the agreement, CocaCann will refund all payments received from the Client up to that point, including the standard delivery costs to the Client within a maximum of 14 calendar days after CocaCann was informed of the decision of the Client to cancel the agreement. The refund does not apply to exceptional delivery costs if these were requested by the Client. For sales contracts, CocaCann can wait to reimburse until he has received all goods back, or until the customer has proven that he has returned the goods, whichever comes first.
CocaCann shall reimburse the Client using the same means of payment that the Client used to make the original transaction, unless the Client has expressly agreed otherwise; in any event, the Client shall not be charged for such reimbursement.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
26. The entrepreneur shall reimburse all payments made by the consumer, excluding the shipping costs for returning the product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to repay the product until he has received it or until the consumer demonstrates that he has returned it, whichever comes first.
27. The entrepreneur uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:
1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
7. Contracts which are concluded during a public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
8. Service contracts, after full performance of the service, but only if:
1. The execution has started with the explicit prior consent of the consumer; and
2. The consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;
3. Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
9. Products that spoil quickly or have a limited shelf life;
4. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
5. Products that, after delivery, are irrevocably mixed with other products due to their nature;
6. Newspapers, journals or magazines with the exception of subscriptions to these;
7. The delivery of digital content other than on a tangible medium, but only if;
8. The execution has started with the explicit prior consent of the consumer; and
9. The consumer has declared that he thereby loses his right of withdrawal.
ARTICLE 11 – THE PRICE
1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. they are the result of statutory regulations or provisions; or
6. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
ARTICLE 12 – FULFILMENT OF AGREEMENT AND ADDITIONAL GUARANTEE
1. The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date on which the contract was concluded.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the contract, can enforce against the trader if the trader has failed to fulfil his part of the contract. An additional guarantee is understood to mean any commitment from the trader, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged to do in case he has failed to fulfil his part of the contract.
3. Under the applicable consumer protection legislation on sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
4. In order to invoke the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
5. For items that were purchased online and were delivered to the home of the client, the client must contact the CocaCann customer service and return the item to CocaCann at his own expense.
6. When a defect is established, the Client must inform CocaCann as soon as possible. In any case, each defect has to be reported within a period of 2 months after its determination by the Client. After this period, any right to repair or replacement expires.
7. The warranty (commercial and/or statutory) shall never apply to defects caused by accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, alterations or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
8. Defects which become apparent after a period of 6 months following the date of purchase, or delivery as the case may be, are not considered to be hidden defects, unless the Customer can prove otherwise.
ARTICLE 13 – DELIVERY AND EXECUTION
1. The entrepreneur will take the utmost care in receiving and carrying out orders for products and in 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. Subject to what is stated in Article 4 of these terms and conditions, the operator accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
ARTICLE 14 – PAYMENT
1. Without prejudice to the exercise of other rights available to CocaCann, the Client shall, in the event of non-payment or late payment, automatically and without notice of default, owe an interest of 10% per year on the unpaid amount.
2. In addition, the Client shall be liable, ipso jure and without prior notice, to pay a fixed compensation of 10% of the amount in question, with a minimum of 25 euros per invoice. Without prejudice to the above, CocaCann reserves the right to take back articles that have not been paid for (in full).
3. The purchased items remain the exclusive property of CocaCann until the moment of full payment by the customer. The Client undertakes, if necessary, to inform third parties of CocaCann’s retention of title, e.g. to anyone who would seize articles that have not yet been paid for in full.
ARTICLE 16 – COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be replied to within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises which is open to the dispute settlement procedure.
5. The Cocacann customer service can be reached by e-mail at info@cocacann.com
ARTICLE 17 – DISPUTES
Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law.
ARTICLE 18 – ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.