The following definitions shall apply in these terms and conditions:
1. COOLCAT: A trademark and brand name of Cool Cat Fashion B.V., established in Houten and registered in the Chamber of Commerce under file number 30097249, and VAT identification number: NL0066.44.697.B01
2. Consumer: A natural person acting not in an occupational or corporate capacity, and who concludes an Agreement at a distance with COOLCAT.
3. Agreement: An agreement where, one or more distance communication techniques are used exclusively in a system organised by Cool Cat Fashion BV for the distance sale of articles, until the Agreement is concluded ./p>
4. Distance communication technique: A means that can be used to conclude an agreement, without having the consumer and entrepreneur in the same premises at the same time.
5. Right of termination: The possibility for the consumer to terminate the Agreement at a distance during the time to reconsider.
6. Day: calendar day.
7. Permanent data carrier: Any and all means that enable the Consumer or Cool Cat Fashion B.V. to store information intended for them in a way that makes it possible to consult or reproduce the stored information unaltered in future.
8. Website: www.coolcat.nl and www.coolcat.eu
These general terms and conditions are part of every offer of COOLCAT and shall apply to every Agreement at a distance concluded by and between COOLCAT and the Consumer. COOLCAT reserves the right to amend these general terms and conditions unilaterally. The most recent version of these general terms and conditions shall be available via the homepage of the website at all times.
1. If an offer is valid for a limited period or subject to conditions, it shall indicate so expressly.
2. The offer shall contain a complete and accurate description of the articles offered. The description shall be sufficiently detailed to enable the Consumer to assess the offer properly. Illustrative material used by COOLCAT shall provide a faithful reflection of the articles on offer. COOLCAT may not however guarantee that the colour(s) of articles shown on the Website will correspond precisely with the actual colour(s) of the articles. The way a colour is displayed depends on the settings of your computer. Apparent omissions or errors in the offer shall not be binding for COOLCAT.
3. Every offer shall contain such information as to make it clear for the Consumer which rights and obligations are attached to the acceptance of the offer, in particular:
• the contact details of COOLCAT;
• the price, inclusive of tax;
• the delivery costs;
• the way in which the Agreement will be concluded and the procedure to that end;
• whether the right of termination is applicable;
• the method of payment, delivery or performance of the Agreement;
• the period for accepting the agreement, or the period during which the price is valid;
• the way in which the Agreement can be consulted by the Consumer, if archived after it is concluded;
• the way in which the Consumer can be informed about actions not wanted by him prior to the conclusion of the Agreement, as well as the way in which these can be repaired before the Agreement is concluded.
1. Subject to the provisions of paragraph 4 of this article, the Agreement shall be concluded at the time that the Consumer accepts the offer and meets the terms and conditions set for that purpose.
2. If the Consumer has accepted the offer electronically, COOLCAT shall confirm without delay, likewise electronically, receipt of said acceptance. The Consumer may terminate the Agreement for as long as said receipt of acceptance is not confirmed.
3. If the Agreement is concluded electronically, COOLCAT shall take appropriate technical and organisational measures to protect the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, COOLCAT shall take appropriate security measures for that purpose.
4. COOLCAT may, within the legal framework, ascertain whether the Consumer can meet his payment obligations, as well as such facts and factors as are of importance for a responsible conclusion of the Agreement at a distance. If by virtue of this investigation COOLCAT has good reasons not to conclude the agreement, it shall be entitled to refuse to accept an order or request, or shall make the performance of the Agreement subject to conditions, and provide reasons for its decision.
5. COOLCAT shall upon the delivery of the article to the Consumer, provide the following information in writing or in such a way that it can be stored by the consumer on an accessible permanent data carrier:
• contact information of the establishment of COOLCAT where the Consumer can file complaints;
• the conditions under and the way in which the Consumer can exercise the right of termination, or a clear indication that said right of termination is excluded;
• information on the existing after sales service and guarantees;
• the data included in article 3 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data prior to the performance of the agreement;
• the return address for the articles.
1. Upon purchasing the articles, the Consumer may terminate the Agreement without having to give reasons for his decision during 14 days from the delivery of the article to the Consumer.
2. During this period, the Consumer shall proceed carefully with the article and the packaging. He shall unpack and use the article only insofar as necessary to assess whether he wishes to keep the article. If he exercises his right of termination, he must return the article with all accessories, unused/unworn, in the original state and packaging to COOLCAT, in accordance with the clear instructions provided by COOLCAT on the Website.
1. If the Consumer exercises his right of termination, he shall assume the shipping costs for returning articles to COOLCAT.
2. If the Consumer has already paid the price for the article, CoolCat Fashion BV shall reimburse this amount as promptly as possible, but within 30 days at the latest.
1. The Consumer’s right of termination may be excluded by COOLCAT only if the latter has clearly mentioned as much in the offer, or at any rate in good time prior to the conclusion of the Agreement.
2. The right of termination may be excluded only for articles that:
• were produced by COOLCAT to the Consumer’s specifications;
• are clearly of a personal nature;
• cannot, by their very nature, be sent back (e.g. for hygienic reasons).
1. The prices of the articles offered shall not be increased during the validity period mentioned in the offer, except in the event of changes in the VAT rates.
2. The prices quoted in the offer of articles are inclusive of VAT.
3. All prices on the Website are quoted with reservations for apparent programming and typing errors. COOLCAT shall not be held liable for any consequences of such errors.
1. COOLCAT shall guarantee that the articles are compliant with the Agreement, the specifications mentioned in the offer, the reasonable requirements for quality and usability, and the legal provisions or governmental regulations in force at the time that the Agreement was concluded.
2. An arrangement offered by COOLCAT, a manufacturer or importer as guarantee shall not affect the rights and claims that the Consumer is entitled to assert in case COOLCAT fails to comply with its obligations by virtue of the relevant legislation or the Agreement at a distance.
1. COOLCAT shall take the greatest possible care when booking and processing orders.
2. The place of delivery shall be the address given by the Consumer to COOLCAT. COOLCAT may deliver only in the Netherlands.
3. In consideration of the provisions in article 3 of these general terms and conditions, COOLCAT shall process accepted orders with all due speed within 15 days, unless a longer delivery period is agreed. If the delivery is late, or if an order can only be processed partially if at all, the Consumer shall be informed accordingly within 15 days at the latest after the order has been placed. The Consumer shall in such a case be entitled to terminate the Agreement for the portion that cannot be performed.
4. If the Agreement is terminated pursuant to the preceding paragraph, COOLCAT shall reimburse the amount that the Consumer has paid as promptly as possible, but at the latest within 30 days after the termination.
5. If an ordered article cannot be delivered, COOLCAT shall deduct the costs of that article from the total costs.
6. The risk of loss of or damage to articles shall be borne by COOLCAT until the time of delivery to the Consumer, unless expressly agreed otherwise.
1. The Consumer shall make payments to COOLCAT in accordance with the methods indicated in the order procedure on the Website.
2. Any sums (still) owed by the Consumer after the delivery, shall be paid within 14 days after delivery of the article.
3. The Consumer shall be required to report inaccuracies in the payment details provided or mentioned without delay to COOLCAT.
4. In case of non-payment by the Consumer, COOLCAT shall, subject to the legal restrictions, have the right to charge the Consumer reasonable costs, and shall inform him accordingly in advance.
1. The Agreement shall be governed by Dutch law.
2. All disputes arising out of the Agreement shall be referred to the competent courts of Amsterdam.
Contactdata:
Address for correspondence:
Cool Cat Fashion B.V.
Hoofdveste 10
3992 DG Houten
Netherlands
E-mail-adres:
webshop: customerservice-webshop@coolcat.nl
T. : +31 (0) 30-6356350
other issues: info@coolcat.nl
T. : +31 (0) 30-6356300
F. : +31 (0) 30-6355001
Return address for articles:
COOLCAT WEBSHOP
Hoofdveste 10
3992 DG Houten