Terms and Conditions

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 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Products or Services
Article 17 - Contact

Article 1 - Definitions

In these terms and conditions, the following terms have the following meanings:

• “Withdrawal Period”: The period within which the consumer may exercise the right of withdrawal.
• “Consumer”: A natural person not acting in the course of a profession or business who enters into a distance contract with an entrepreneur.
• “Day”: A calendar day.
• “Sustainable Contract”: A distance contract relating to a series of products and/or services, with obligations to deliver and/or receive spread over time.
• “Durable Data Carrier”: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
• “Right of Withdrawal”: The option for the consumer to cancel the distance contract within the cooling-off period.
• “Entrepreneur”: A natural or legal person offering products and/or services to consumers at a distance.
• “Distance Contract”: A contract in which, within the framework of a system organized by the entrepreneur for remote sales of products and/or services, exclusive use is made of one or more means of distance communication up to the conclusion of the agreement.
• “Means of Distance Communication”: A tool that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time.
• “General Terms and Conditions”: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: CocoSydney
Address: Engelandlaan 340, 2711DZ Zoetermeer, Netherlands
Chamber of Commerce Number: 89876989
Email: info@cocosydney.com
Phone Number: +31657157824

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

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, how the general terms and conditions can be inspected and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms can be consulted electronically and that they will be sent free of charge upon request.

If specific product or service terms also apply, the second and third paragraphs apply accordingly, and the consumer may invoke the most favorable applicable provision in the event of conflicting conditions.

If one or more provisions of these terms and conditions are void or annulled at any time, the agreement and these terms will remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.

Situations not regulated in these terms and conditions should be assessed in the spirit of these terms.

Uncertainties regarding the interpretation or content of one or more provisions of these terms must be explained in the spirit of these terms.

Article 4 - The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The entrepreneur is entitled to change or modify the offer.

The offer includes a complete and accurate description of the products 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 representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.

The images of the offered products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer includes information that makes it clear to the consumer what their rights and obligations are upon acceptance of the offer. This particularly concerns:

• The price, exclusive of any customs and import duties, which are the customer's responsibility.
• Any additional shipping costs.
• How the agreement will be concluded and what actions are required.
• Whether the right of withdrawal applies.
• The method of payment, delivery, and execution of the agreement.
• The period for accepting the offer or the period within which the entrepreneur guarantees the price.
• The rate for distance communication if calculated differently from the standard rate.
• Whether the agreement will be archived and how the consumer can access it.
• How the consumer can verify and correct input errors before finalizing the contract.
• Other available languages for the agreement besides Dutch.

Article 5 - The Agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. Until this acceptance is confirmed, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will implement technical and organizational measures to ensure secure data transmission and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

The entrepreneur may investigate the consumer's ability to meet their payment obligations and other relevant factors. If there are valid reasons, the entrepreneur may refuse an order or impose additional conditions.

The entrepreneur will provide the consumer with the following information in writing or in a manner that allows storage on a durable data carrier:

• The business address where complaints can be submitted.
• The conditions for withdrawal and the procedure for exercising the right of withdrawal.
• Details about after-sales services and guarantees.
• Information as outlined in Article 4, unless already provided.
• Requirements for terminating agreements lasting more than a year or of indefinite duration.

For agreements involving recurring deliveries, the above applies only to the first delivery.

Every agreement is entered into under the condition of sufficient availability of the ordered products.

Article 6 - Right of Withdrawal

Consumers can cancel a purchase without providing reasons within 14 days, starting the day after receiving the product.

During the cooling-off period, the consumer will handle the product and packaging carefully and only use it as necessary to assess the product. If the right of withdrawal is exercised, the product must be returned with all delivered accessories and in its original condition, following clear instructions from the entrepreneur.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days using the model form or another clear declaration. After notification, the product must be returned within 14 days. The consumer must prove timely return via a shipping receipt.

If the consumer does not notify or return the product within the specified time, the purchase is final.

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for the products listed in paragraphs 2 and 3. The exclusion applies only if the entrepreneur has clearly stated this in the offer or at least prior to concluding the agreement.

Exclusion of the right of withdrawal is only possible for:

Products:

• That have been custom-made to the consumer's specifications.
• That are clearly personal in nature.
• That cannot be returned due to their nature.
• That spoil or age quickly.
• Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
• Loose newspapers and magazines.
• Audio and video recordings or computer software whose seals have been broken by the consumer.
• Hygienic products whose seals have been broken by the consumer.

Services:

• Relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or period.
• That have begun with the consumer’s explicit consent before the withdrawal period has expired.
• Relating to betting and lotteries.

Article 9 - Price

During the validity period specified in the offer, the prices of the products and/or services will not increase, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices depend on fluctuations in the financial market and are beyond the entrepreneur’s control. These variations and the fact that listed prices are indicative will be mentioned in the offer.

Price increases within three months of concluding the agreement are only permitted if they result from statutory regulations or provisions. Price increases after three months are only permitted if the entrepreneur has stipulated this and:

• They are due to statutory regulations or provisions; or
• The consumer has the right to terminate the agreement effective on the day the price increase takes effect.

Prices mentioned in the offer are exclusive of import duties or customs charges.

All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of such errors, and incorrect pricing does not oblige the entrepreneur to deliver the product at the erroneous price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable usability and/or reliability requirements, and applicable legal provisions or government regulations at the time of the agreement’s conclusion.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty corresponds to that of the manufacturer. However, the entrepreneur is never responsible for the product’s suitability for any particular use by the consumer or for any advice regarding its use or application.

The warranty does not apply if:

• The consumer or third parties have repaired and/or modified the product.
• The delivered product has been exposed to abnormal conditions or handled contrary to the instructions.
• The defect is due to regulations or government requirements concerning the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise due care in receiving and executing product orders.

The delivery address is the address provided by the consumer.

Subject to the provisions of Article 4, the entrepreneur will execute accepted orders promptly, no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled, the consumer will be notified within 30 days of placing the order. The consumer then has the right to cancel the agreement at no cost and is entitled to compensation.

If the agreement is dissolved, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of a product proves impossible, the entrepreneur will strive to make a replacement product available. This will be communicated clearly upon delivery. Consumers retain the right to cancel when replacement products are provided.

The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or an authorized representative.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination
The consumer can terminate a contract for an indefinite period that involves regular delivery of products or services, subject to a one-month notice period.

The consumer can terminate a fixed-term contract for regular deliveries at the end of the specified term with a maximum notice period of one month.

Renewal
Contracts for a fixed term cannot be tacitly renewed or extended for the same term.

Contracts for periodicals may be tacitly renewed for a maximum of three months if the consumer has the option to terminate at the end of the extension with a notice period of no more than one month.

Article 13 - Payment

Amounts due must be paid within seven working days after the withdrawal period ends, unless otherwise stated.

The consumer must immediately notify the entrepreneur of inaccuracies in payment details.

If the consumer fails to fulfill payment obligations, the entrepreneur may charge statutory interest and collection costs, subject to limits in applicable laws.

Article 14 - Complaints Procedure

Complaints must be submitted promptly, clearly described, and in writing after discovering any deficiencies.

Complaints will be answered within 14 days. If a longer response time is required, the entrepreneur will acknowledge the complaint and provide a timeline.

Unresolved complaints result in disputes subject to the disputes procedure.

Article 15 - Disputes

All agreements between the entrepreneur and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 - Products or Services

Certain products or services may only be available online. Availability is limited and subject to the return policy.

Colors and images aim to represent products accurately but may not match precisely.

The entrepreneur reserves the right to limit product sales by region or individual, discontinue items, or adjust prices without prior notice.

Article 17 - Contact

For questions, complaints, or information about our privacy policy, contact us at:
Email: info@cocosydney.com