Article 1 – Definitions

  1. Cocomora, established in Amsterdam, Chamber of Commerce number 77211979, is referred to as the seller in these terms and conditions.
  2. The counterparty of the seller is referred to as the buyer in these terms and conditions.
  3. The parties are the seller and the buyer together.
  4. The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of Terms and Conditions

  1. These conditions apply to all offers, quotations, agreements, and deliveries of services or goods by or on behalf of the seller.
  2. Deviations from these conditions are only valid if expressly and in writing agreed upon by the parties.

Article 3 – Payment

  1. The full purchase amount is always paid immediately in the webshop. In some cases, a deposit is required for reservations. In that case, the buyer receives a confirmation of the reservation and the advance payment.
  2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has met his payment obligation.
  3. If the buyer remains in default, the seller will proceed with collection. The costs related to this collection are borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
  4. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the claims of the seller on the buyer are immediately due and payable.
  5. If the buyer refuses to cooperate in the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

Article 4 – Offers, Quotations, and Price

  1. Offers are non-binding unless a period for acceptance is mentioned in the offer. If the offer is not accepted within the specified period, the offer expires.
  2. Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless expressly and in writing agreed otherwise by the parties.
  3. Offers and quotations do not automatically apply to repeat orders. Parties must expressly and in writing agree on this.
  4. The price stated in offers, quotations, and invoices includes the purchase price plus any applicable VAT and other government levies.

Article 5 – Right of Withdrawal

  1. The consumer has the right to dissolve the agreement without giving reasons within 14 days of receiving the order (right of withdrawal). The period starts from the moment the entire order has been received by the consumer.
  2. There is no right of withdrawal when products are custom-made according to the consumer’s specifications or have a short shelf life.
  3. The consumer can use a withdrawal form provided by the seller. The seller is obliged to make this available to the buyer immediately upon request.
  4. During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. For hygiene products, such as perfume, returns are only possible if the original seal or packaging is intact. For more information on the specific return conditions for hygiene products, please refer to our Return Policy.

Article 6 – Modification of the Agreement

  1. If during the execution of the agreement, it becomes apparent that it is necessary to change or supplement the work to be performed for a proper execution, the parties will timely and in mutual consultation adjust the agreement accordingly.
  2. If the parties agree that the agreement will be modified or supplemented, this may affect the completion time of the execution. The seller will inform the buyer of this as soon as possible.
  3. If the modification or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this in advance in writing.
  4. If the parties have agreed on a fixed price, the seller will indicate the extent to which the modification or supplement to the agreement will result in an exceedance of this price. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the modification or supplement results from circumstances attributable to him.

Article 7 – Delivery and Transfer of Risk

  1. As soon as the purchased goods are received by the buyer, the risk is transferred from the seller to the buyer.

Article 8 – Inspection and Complaints

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case, within the shortest possible time. The buyer must check whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether they meet the requirements that apply in normal (commercial) transactions.
  2. Complaints regarding damages, shortages, or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery.
  3. If the complaint is justified within the specified period, the seller has the right to either repair or replace, or to refrain from delivery and send the buyer a credit note for that part of the purchase price.
  4. Minor and/or industry-standard deviations and differences in quality, number, size, or finish cannot be held against the seller.
  5. Complaints about a particular product do not affect other products or components belonging to the same agreement.
  6. No complaints will be accepted after the goods have been processed by the buyer.

Article 9 – Samples and Models

  1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the delivered item needing to correspond to it. This is different if the parties have expressly agreed that the delivered item will correspond to it.
  2. In agreements concerning real estate, the mention of surface area or other dimensions and indications is also presumed to have been intended only as an indication, without the delivered item needing to correspond to it.

Article 10 – Delivery

  1. Delivery is made ‘ex works/store/warehouse’. This means that all costs are borne by the buyer.
  2. The buyer is obliged to take delivery of the goods at the moment when the seller delivers them to him or has them delivered, or at the moment when these goods are made available to him under the agreement.
  3. If the buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer.
  4. If the goods are delivered, the seller is entitled to charge any delivery costs.
  5. If the seller needs information from the buyer for the execution of the agreement, the delivery time begins after the buyer has provided this information to the seller.
  6. A delivery period specified by the seller is indicative. This is never a strict deadline. If the period is exceeded, the buyer must give the seller written notice of default.
  7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing, or if partial delivery has no independent value. In case of partial delivery, the seller is entitled to invoice these parts separately.
  8. The buyer is responsible for correctly and completely entering the address details when placing an order. Any consequences of incorrect addressing, including but not limited to delays, lost packages, or incorrect delivery, are at the buyer’s expense and risk.

Article 11 – Force Majeure

  1. If the seller cannot, cannot timely, or cannot properly fulfill his obligations under the agreement due to force majeure, he is not liable for any damage suffered by the buyer.
  2. The parties understand force majeure to mean any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, war or war danger, civil war and riot, molestation, sabotage, terrorism, energy failure, flooding, earthquake, fire, company occupation, strikes, worker exclusion, changed government measures, transport difficulties, and other disruptions in the seller’s business.
  3. Furthermore, the parties understand force majeure to mean the circumstance that suppliers on whom the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller unless this is attributable to the seller.
  4. If a situation as mentioned above occurs as a result of which the seller cannot fulfill his obligations towards the buyer, these obligations will be suspended as long as the seller cannot fulfill his obligations. If the situation mentioned in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
  5. In the event of force majeure lasting longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only take place via a registered letter.

Article 12 – Transfer of Rights

  1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 13 – Retention of Title and Right of Retention

  1. The goods present at the seller and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods.
  2. If the agreed advance payments are not made or not made on time, the seller has the right to suspend the work until the agreed part has been paid. This is a case of creditor’s default. A late delivery cannot be held against the seller in this case.
  3. The seller is not authorized to pledge the goods subject to retention of title or to encumber them in any other way.
  4. The seller undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion, and water damage as well as against theft and to provide the policy for inspection at the first request.
  5. If goods have not yet been delivered but the agreed advance payment or price has not been paid according to agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has fully and in accordance with the agreement paid.
  6. In the event of liquidation, insolvency, or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.

Article 14 – Liability

  1. Any liability for damage arising from or related to the performance of an agreement is always limited to the amount that is paid out in the relevant case by the liability insurance(s) concluded. This amount is increased by the amount of the deductible under the relevant policy.
  2. The liability of the seller is not excluded for damage resulting from intent or deliberate recklessness on the part of the seller or his subordinate managers.

Article 15 – Complaints

  1. The buyer is obliged to report complaints about the work performed directly to the seller. The complaint must contain as detailed a description as possible of the shortcoming so that the seller is able to respond adequately.
  2. If a complaint is justified, the seller is obliged to repair and possibly replace the goods.

Article 16 – Warranties

  1. If warranties are included in the agreement, the following applies. The seller guarantees that the sold goods comply with the agreement, that they will function without defects, and that they are suitable for the use that the buyer intends to make of them. This warranty is valid for a period of two calendar years after receipt of the sold goods by the buyer.
  2. The intended warranty is to establish such a risk distribution between the seller and the buyer that the consequences of a breach of a warranty are always fully at the expense and risk of the seller and that the seller can never invoke Article 6:75 of the Dutch Civil Code regarding a breach of a warranty. The provision in the previous sentence also applies if the breach was known to the buyer or could have been known by conducting an investigation.
  3. The warranty mentioned does not apply if the defect has arisen as a result of improper or inappropriate use, or if, without permission, the buyer or third parties have made changes or tried to make changes or have used the purchased goods for purposes for which they are not intended.
  4. If the warranty provided by the seller concerns a good produced by a third party, the warranty is limited to the warranty provided by that producer.

Article 17 – Intellectual Property

  1. Cocomora retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all products, designs, drawings, writings, data carriers with data or other information, offers, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.
  2. The customer may not copy, show to third parties, or make available to third parties, or use the mentioned intellectual property rights in any other way without prior written permission from Cocomora.

Article 18 – Amendment of Terms and Conditions

  1. Cocomora is entitled to amend or supplement these general terms and conditions.
  2. Minor changes can be made at any time.
  3. Major substantive changes will be discussed with the customer as much as possible in advance.
  4. Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.

Article 19 – Applicable Law and Competent Court

  1. Dutch law exclusively applies to every agreement between the parties.
  2. The Dutch court in the district where Cocomora is established has exclusive jurisdiction to hear any disputes between the parties unless the law prescribes otherwise.
  3. The applicability of the Vienna Sales Convention is excluded.
  4. If one or more provisions of these general terms and conditions are considered unreasonably burdensome in legal proceedings, the remaining provisions will remain in full force and effect.