General terms and conditions

General

1.1 These general terms and conditions apply to every offer from Cocochoco.nl and to every agreement concluded between Cocochoco.nl and the consumer. The terms and conditions are publicly accessible and can be found on the Cocochoco.nl website. We will send you a written copy upon request.

1.2 By placing an order, you agree to the terms of delivery and payment. Cocochoco.nl reserves the right to change its terms of delivery and/or payment after the expiration of the term.

1.3 Unless otherwise agreed in writing, Cocochoco.nl does not recognize any general or specific terms or conditions of third parties.

1.4 Cocochoco.nl guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

Delivery

2.1 Delivery will take place while stocks last.

2.2 In accordance with the rules of distance selling, Cocochoco.nl will fulfill orders within 14 days, unless a different delivery period has been agreed upon. If delivery within 14 days or the otherwise agreed delivery time is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification within one month of placing the order and will then have the right to cancel the order without charge and without notice of default.

2.3 Cocochoco.nl's delivery obligation will be fulfilled, unless proven otherwise, once the goods delivered by Cocochoco.nl have been offered to the customer once. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer to deliver.

2.4 All delivery dates stated on the website are indicative. Therefore, no rights can be derived from these dates.

Prices

3.1 Prices will not be increased during the offer period unless legal measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the website are subject to printing and typographical errors. We accept no liability for the consequences of printing and typographical errors.

3.3 All prices on the site are in Euros and include 21% VAT.

Inspection period / right of withdrawal

4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within 14 business days without giving a reason. This period begins when the ordered items are delivered. Before returning the goods, the buyer is obligated to notify Cocochoco.nl in writing within 14 business days of receipt. If the buyer has not notified Cocochoco.nl of their intention to exercise their statutory right of return within the 14-day return period, the purchase is final.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur within 28 days of receipt.

The buyer must prove that the delivered items were returned on time, for example, by providing proof of postal delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered, or damaged in any way by the buyer, Cocochoco.nl reserves the right to charge for depreciation. Subject to the provisions of the previous sentence, Cocochoco.nl will process the refund within 14 days of receipt of the return shipment or 14 days of proof of return (the proof of postage must explicitly state the contents of the return shipment). If the entire purchase is returned, the full purchase price will be refunded to the buyer. If only part of the received purchases is returned, only the purchase price of the returned items will be refunded.

The return of the delivered goods is entirely at the expense and risk of the purchaser.

Data management

5.1 If you place an order with Cocochoco.nl, your information will be included in the Cocochoco.nl customer database. Cocochoco.nl complies with the Personal Data Protection Act and will not share your information with third parties. See our Privacy Policy.

5.2 Cocochoco.nl respects the privacy of users of its website and ensures that your personal data is treated confidentially.

5.3 Cocochoco.nl sometimes uses a mailing list. Each mailing includes instructions for removing yourself from this list.

Warranty and conformity

6.1 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 is concluded.

6.2 Any guarantee offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in the event of a failure to fulfil the entrepreneur's obligations.

6.3 If the delivered item proves to be incorrect, defective, or incomplete, the buyer must report these defects to Cocochoco.nl in writing (before returning them to Cocochoco.nl) within two months of discovering the defect. Returns must be made in the original packaging (including accessories and accompanying documentation). Use after discovery of a defect, damage occurring after discovery of a defect, encumberment, and/or resale after discovery of a defect, will void the right to make a complaint and return the item.

6.4 If Cocochoco.nl finds the customer's complaints to be justified, Cocochoco.nl will, at the customer's discretion, repair or replace the delivered goods free of charge. Any liability of Cocochoco.nl for damage is limited to the invoice amount of the goods in question, or (at Cocochoco.nl's discretion) to the maximum amount covered by Cocochoco.nl's liability insurance in the relevant case. Any liability of Cocochoco.nl for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to lost profits.

6.5 Cocochoco.nl is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.

6.6 This warranty does not apply if: A) and for as long as the purchaser is in default towards Cocochoco.nl; B) the purchaser has repaired and/or edited the delivered goods themselves or has had them repaired/edited by third parties; C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of Cocochoco.nl and/or the instructions for use on the packaging.

Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 If the buyer accepts a non-binding offer, Cocochoco.nl reserves the right to revoke or deviate from the offer within 3 business days of receiving that acceptance.

7.3 Oral commitments only bind Cocochoco.nl after they have been expressly confirmed in writing.

7.4 Offers from Cocochoco.nl do not automatically apply to repeat orders.

7.5 Cocochoco.nl cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious error or typo.

7.6 Additions, amendments and/or further agreements are only valid if agreed in writing.

Agreement

8.1 An agreement between Cocochoco.nl and a customer is concluded after an order has been assessed for feasibility by Cocochoco.nl.

8.2 Cocochoco.nl reserves the right to refuse orders or assignments without stating reasons, or to accept them only on the condition that shipment takes place after advance payment.

Images and specifications

9.1 All images, photos, drawings, etc., including data regarding weights, dimensions, colors, images of labels, etc., on the Cocochoco.nl website are approximate only, are indicative, and cannot give rise to compensation or termination of the agreement.

Force majeur

10.1 Cocochoco.nl shall not be liable if and to the extent that its obligations cannot be fulfilled due to force majeure.

10.2 Force majeure means any external cause, as well as any circumstance that cannot reasonably be considered to be at our risk. Delays or non-performance by our suppliers, internet disruptions, power outages, email disruptions, and disruptions or changes to technology provided by third parties, transportation difficulties, strikes, government measures, supply delays, negligence by suppliers and/or manufacturers of Cocochoco.nl as well as their assistants, illness of personnel, and defects in auxiliary equipment or means of transport are expressly considered force majeure.

10.3 In the event of force majeure, Cocochoco.nl reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances is Cocochoco.nl obligated to pay any fines or damages.

10.4 If, upon the commencement of force majeure, Cocochoco.nl has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the buyer is obligated to pay this invoice as if it were a separate contract. This does not apply, however, if the part already delivered or the part that can be delivered has no independent value.

Liability

11.1 Cocochoco.nl is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

Retention of title

12.1 Ownership of all goods sold and delivered by Cocochoco.nl to the buyer shall remain with Cocochoco.nl as long as the buyer has not paid the claims of Cocochoco.nl under the agreement or previous or subsequent similar agreements, as long as the buyer has not paid for the work performed or yet to be performed under this or similar agreements and as long as the buyer has not paid the claims of Cocochoco.nl due to failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

12.2 Items delivered by Cocochoco.nl that are subject to retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.

12.3 The purchaser is not authorised to pledge or otherwise encumber the items subject to the retention of title.

12.4 The purchaser hereby gives unconditional and irrevocable permission to Cocochoco.nl or a third party to be appointed by Cocochoco.nl to enter all places where its properties will be located and to take those items with it in all cases in which Cocochoco.nl wishes to exercise its ownership rights.

12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the buyer is obliged to inform Cocochoco.nl as soon as can reasonably be expected.

12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to make the policy of this insurance available for inspection to Cocochoco.nl upon first request.

Applicable law/competent court

13.1 Dutch law applies to all agreements.

13.2 Disputes arising from an agreement between Cocochoco.nl and the buyer that cannot be resolved by mutual agreement will be heard by the competent court within the district of Utrecht, unless Cocochoco.nl prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.

These Terms and Conditions were last modified on December 5, 2024.