StoreCoco Olive Policy

Article 1: Definitions

1. Coco Olive, established in Amsterdam, Chamber of Commerce number 78471745, is referred to as the seller in these general terms and conditions.

2. The seller's counterparty is referred to as the buyer in these general terms and conditions.

3. The parties are the seller and the buyer together.

4. The agreement refers to the purchase agreement between the parties.

5. The reflection period is the period within which the buyer can make use of his right of withdrawal.

6. The buyer is the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the seller.

Article 2: Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, agreements and deliveries of services or goods by or on behalf of the seller.

2. Deviation from these terms and conditions is only possible if this has been expressly agreed in writing by the parties.

3. The match  always contains best efforts obligations for the seller, not obligations of result.

4. Before the distance contract is concluded, the text of these general terms and conditions is made available to the buyer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the seller's office and they will be sent free of charge as soon as possible at the request of the buyer.

5. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the buyer electronically in such a way that the buyer can can be stored in a simple way 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 read electronically and that they will be sent free of charge at the request of the buyer electronically or otherwise.

6. 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 buyer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.

Article 3: Payment

1. The full purchase price is always paid immediately in the webshop, unless otherwise agreed.

2. The buyer has the obligation to immediately report inaccuracies in the payment details provided or stated to the seller.

3. A deposit is expected for reservations. The buyer will receive proof of the reservation and prepayment.

4. If the buyer does not pay within the agreed term, he is legally in default, without any reminder being required. From that moment on, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

5. If the buyer remains in default, the seller will proceed to collection.  The costs related to such collection shall be borne by the buyer. If the buyer is in default, in addition to the principal sum, he also owes statutory (commercial) interest, extrajudicial collection costs and other damage to the seller.  These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

6. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.

7. If the buyer refuses to cooperate with 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. The seller's offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.

2. Delivery times in quotations are indicative and, if they are exceeded, do not entitle the buyer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this expressly and in writing.

4. The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.

5. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the buyer. if the seller uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the seller.

6. Each offer contains such information that it is clear to the buyer what rights and obligations are attached to the acceptance of the offer.

7. All images, specifications data in the offer are an indication and can not lead to compensation or dissolution of the agreement.

Article 5: Right of withdrawal

1. The buyer can dissolve an agreement with regard to the purchase of a product during a reflection period of 14 days without stating reasons. The seller may ask the buyer for the reason for the withdrawal, but not oblige him to state his reasons.

2. The reflection period referred to in paragraph 1 starts on the day that the buyer, or a third party designated by the buyer in advance, who is not the carrier, has received the product, or:

   1. if the customer has ordered several products in the same order: the day on which the buyer, or a third party designated by him, has received the last product. Provided that the seller has clearly informed the buyer about this prior to the ordering process, the seller may refuse an order for several products with different delivery times.

   2. if the delivery of a product consists of several shipments or parts: the day on which the buyer, or a third party designated by him, has received the last shipment or the last part;

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

3. There is no right of withdrawal if the products are made to measure according to his specifications or have a short shelf life.

4. The right of withdrawal expires for products that are delivered with a seal, where the seal has been broken.

5. The buyer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.

6. During the reflection period, the buyer will handle the product and the packaging with care. The buyer will only unpack the product to the extent that it is necessary to assess whether he/she wishes to keep the product. If the buyer exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the seller.

7. If the buyer wishes to make use of his right of withdrawal, he is obliged to make this known to the seller within 14 days of receipt of the product. The buyer must make this known by means of a written return form. After the buyer has indicated that he wishes to make use of his right of withdrawal, the buyer must return the product within 14 days. The buyer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

8. If the buyer has not made it known after the expiry of the periods referred to in paragraphs 6 and 7 that he wishes to make use of his right of withdrawal resp. has not returned the product to the seller, the purchase is a fact.

9. When purchasing a service, the buyer can dissolve a service agreement that has not been delivered on a material carrier for a minimum of 14 days without stating reasons. The seller may ask the buyer for the reason for the withdrawal, but not oblige him to state his reasons.

10. The reflection period referred to in paragraph 9 commences on the day following the conclusion of an agreement.

11. If the seller has not provided the buyer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire one month after the end of the original reflection period determined in accordance with the previous paragraphs of this article.

12. If the seller has provided the buyer with the information referred to in the previous paragraph within one month of the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the buyer received the information.

Article 6a: Costs in case of withdrawal

1. If the buyer makes use of his right of withdrawal, the costs for returning the products are for the account of the buyer.

2. If the buyer has paid an amount, the seller will refund this amount as soon as possible, but at the latest within 14 days after cancellation. This is subject to the condition that the product has already been received back.

Article 6b: Exclusion right of withdrawal

The seller can exclude the buyer's right of withdrawal for products as described in paragraphs 3 and 4 of article 5.  The exclusion of the right of withdrawal only applies if the seller has stated this clearly in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the seller in accordance with the buyer's specifications;

2. which are clearly personal in nature;

3. which by their nature cannot be returned;

4. which can spoil or age quickly;

5. the price of which is subject to fluctuations in the financial market over which the seller has no influence;

6. for loose newspapers and magazines;

7. for audio and video recordings and computer software of which the buyer has broken the seal;

8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

9. Products that are irrevocably mixed with other products after delivery by their nature;

10. Service agreements, after performance of the service, but only if:

    1. The execution has started with the express prior consent of the consumer; and

    2. The consumer has declared that he will lose his right of withdrawal as soon as the seller has performed the agreement.

Article 7: 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 the VAT rate.

2. Notwithstanding the previous paragraph, the seller can offer products or services whose prices are subject to fluctuations in the financial market and over which the seller has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.

3. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from three months after the conclusion of the agreement are only permitted if the seller has stipulated this and:

   1. These are the result of statutory regulations or provisions; or

   2. The buyer has the authority to terminate 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.

6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the seller is not obliged to deliver the product according to the incorrect price.

Article 8: Amendment of the agreement

1. If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.

3. If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing as soon as possible.

4. If the parties have agreed on a fixed fee, the seller will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.

5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

6. If the buyer has accepted the offer electronically, the seller 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 seller, the buyer may dissolve the agreement.

Article 9: Completion and transfer of risk

1. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.

Article 10:  Research and commercials

1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period of time. In doing so, the buyer must investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon, or at least whether the quality and quantity meet the requirements that apply in normal (trade) traffic.

2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to seller within 10 working days after the day of delivery of the goods.

3. If the complaint is declared well-founded within the stipulated period, the seller has the right to either repair or deliver again, or to refrain from delivery and to 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 invoked against the seller.

5. Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.

6. After the goods have been processed by the buyer, no further complaints will be accepted.

Article 11: 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 item to be delivered having to comply with it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.

2. In the case of agreements relating to immovable property, mention of the surface area or other dimensions and indications is also presumed to be only intended as an indication, without the good to be delivered having to correspond to this.

Article 12: Delivery

1. Delivery is made 'ex works/shop/warehouse'. This means that all costs are for the buyer.

2. The buyer is obliged to accept the goods at the moment that the seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.

3. If the buyer refuses to accept or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the buyer's expense and risk. 

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 will commence after the buyer has made this information available to the seller. 

6. A delivery term specified by the seller is indicative. This is never a deadline. If the term 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 does not have an independent value. In the event of delivery in parts, the seller is entitled to invoice these parts separately

8. The seller will take the greatest possible care when receiving and executing orders for products.

9. The place of delivery is the address that the buyer has made known to the seller.

10. With due observance of what is stated in article four of these general terms and conditions, the seller will execute accepted orders expeditiously but at the latest within 30 days, unless the buyer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the buyer will be notified of this no later than 30 days after he has placed the order. In that case, the buyer has the right to dissolve the agreement without costs.

11. In the event of dissolution in accordance with the previous paragraph, the seller will refund the amount paid by the buyer as soon as possible, but at the latest within 14 days after dissolution.

Article 13: Force majeure

1. If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, he is not liable for damage suffered by the buyer.

2. By force majeure, the parties mean in any case 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 performance of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business occupation, strikes, worker lockout, changed government regulations, transportation difficulties, and other disruptions in seller's business.

3. Furthermore, by force majeure, parties understand the circumstance that supply companies on which the seller depends for the execution of the agreement, do not fulfill the contractual obligations towards the seller, unless the seller can be blamed for this.

4. If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.

5. If the force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 14: Transfer of rights

1. Any party's rights under this agreement may not be transferred without the other party's prior written consent. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.  

Article 15: Retention of title and right of retention

1. The goods present at the buyer and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke its retention of title and take back the goods.

2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid after all. Then there is creditor default. In that case, a late delivery cannot be invoked against the seller.

3. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement,

4. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

Article 16: Liability

1. Coco Olive is not liable for the damage suffered by the buyer before, during and after using the products and services.

2. All risks of injury, which the purchaser or user of the product may experience, are within the buyer's/user's own risk.

3. Coco Olive and its employees are not responsible for damages, injuries or claims made by users of the products or services.

4. The user of the products and services of Coco Olive is responsible for the actions he performs before, during and after using the products or services of Coco Olive.

5. The seller's liability for damage resulting from intent or willful recklessness on the part of the seller or his managerial subordinates is not excluded.

Article 17: Complaints procedure

1. The buyer is obliged to immediately report complaints about the work performed to the seller in writing. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.

2. A complaint can in any case not lead to the seller being obliged to perform other work than has been agreed.

3. If a complaint is justified, the seller is obliged to repair the good and possibly replace it.

4. Complaints submitted to the buyer will be answered within a period of one month from the date of receipt. If a complaint requires a foreseeable longer processing time, the buyer will reply within the period of one month with a notification of receipt and an indication when the buyer can expect a more detailed answer.

5. If a complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

Article 18: Disputes

1. Only Dutch law applies to agreements between the seller and the buyer to which these general terms and conditions apply. Even if the buyer lives abroad.

2. The Vienna Sales Convention does not apply.

Article 19: Compliance with the agreement and extra guarantee

1. If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. this warranty is valid for a period of six months after receipt of the sold item by the buyer.

2. The aforementioned warranty does not apply if the defect has arisen as a result of injudicious or improper use or if – without permission – the buyer or third parties have made changes or have tried to make them or have used the purchased item for purposes for which it is not intended.

3. If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by the manufacturer.

4. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of products.

5. Any defects or incorrectly delivered products must be reported to the seller in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.

Article 20: Applicable law and competent court

1. Dutch law is exclusively applicable to every agreement between the parties.

2. The Dutch court in the district where Coco Olive has its registered office/practice/office 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 regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force and effect.

Article 21: Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the buyer and must be recorded in writing or in such a way that they can be stored by the buyer in an accessible manner on a durable data carrier.