General Terms and Conditions

In these conditions, the following terms are understood to mean: ​

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal.Read everything about the cooling-off period.


2. Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.


3. Day: calendar day.


4. Continuing performance contract: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.


5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information.


6. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period.


7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when they want to exercise their right of withdrawal.


8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.


9. Distance contract: a contract whereby, within a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used.


10. Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.


11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Cool Color
Chamber of Commerce: 97203270
Zandhorstlaan 118
7576VJ Oldenzaal
info@coolcolor.nl

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
   
   
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.


3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.


4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.


5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these conditions will otherwise remain in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the meaning of the original as much as possible.


6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.


7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

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


2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.


3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.


4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.


5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
   
   
6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
   • the price including taxes;
   
   
7. • any shipping costs;


8. • the way in which the agreement will be concluded and what actions are required for this;


9. • whether or not the right of withdrawal applies;


10. • the method of payment, delivery, and execution of the agreement;


11. • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;


12. • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;


13. • whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;


14. • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them within the framework of the agreement;


15. • any other languages in which the agreement can be concluded in addition to Dutch;
      
      
    • the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
      
      
    • the minimum duration of the distance contract in the case of a continuing performance contract.

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of the consumer's acceptance of the offer and compliance with the conditions set for it.
   
   
2. If the consumer has accepted the offer electronically, the entrepreneur 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 entrepreneur, the consumer can dissolve the agreement.


3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.


4. The entrepreneur can — within legal frameworks — inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.


5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
   
   
   • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   
   
   • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
   
   • the information about guarantees and existing service after purchase;
   
   
   • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
   
   
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.​
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6. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
   
   
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer in advance and made known to the entrepreneur.


2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.


3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must do this by means of the model withdrawal form or by another means of communication, such as by email. After the consumer has made it known that they want to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment.


4. If the customer has not made it known that they want to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Upon delivery of services:

1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.


2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
   
   
2. Exclusion of the right of withdrawal is only possible for products:
   
   
   • that have been created by the entrepreneur in accordance with the consumer's specifications;
   
   
   • that are clearly personal in nature;
   
   
   • that cannot be returned due to their nature;
   
   
   • that can spoil or age quickly;
   
   
   • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   
   
   • for loose newspapers and magazines;
   
   
   • for audio and video recordings and computer software of which the consumer has broken the seal or has downloaded a digital version;
   
   
   • for hygiene products of which the consumer has broken the seal.


3. Exclusion of the right of withdrawal is only possible for services:
   
   
   • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
   
   
   • the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
   
   
   • concerning bets and lotteries.

1. During the validity period 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 VAT rates.
   
   
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.


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


4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   
   
   1. they are the result of legal regulations or provisions; or
   
   
   2. the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.


5. The prices of products or services mentioned in the offer include VAT.
   
   
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

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 existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
   
   
2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.


3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.


4. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.


5. The warranty does not apply if:
   
   
   • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   
   
   • the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are handled in a manner that contradicts the instructions of the entrepreneur and/or on the packaging;
   
   
   • the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
   
   
2. The place of delivery is the address that the consumer has made known to the company.


3. With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will receive a message about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.


4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not give the consumer the right to compensation.


5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.


6. If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement article is being delivered. The right of withdrawal cannot be excluded with replacement articles. The costs of any return shipment are for the account of the entrepreneur.


7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
   
   
8. Anyone who leaves their details will be subscribed to our newsletter by email. If you no longer wish to receive this, the consumer can easily unsubscribe using the link at the bottom of the newsletter.

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of at most one month.


2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of at most one month.


3. The consumer can terminate the agreements mentioned in the previous paragraphs:
   
   
   • at any time and not be limited to termination at a specific time or in a specific period;
   
   
   • at least in the same way as they were entered into by them;
   
   
   • always with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.


2. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.


3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.


4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.


2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.


3. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.


4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.


5. In the case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the case of complaints that cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).


6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.


7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

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