Just like every shop, COSMANIA has certain Terms and Conditions. Not one of the most interesting of matters but certainly one that is most useful. Just so you know where you stand. These Terms are our official rules governing the services COSMANIA grants. And in special circumstances or problems, they give extra clarity.
Terms & Conditions
Article 1 – Definitions
In these Terms & Conditions, the following terminology is defined as so:
1. Trader: the natural or legal person, namely COSMANIA, who offers products and/or services to consumers from a distance;
2. Consumer: the natural person, namely you, whose action is not within the course of a profession or business, and who enters into an distance contract with the trader;
3. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
4. Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time;
5. Cooling off period: the period within which the consumer can make use of his/her right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Day: calendar day
8. Transaction Duration: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
9. Durable Medium: every means that enables the consumer or trader to store information that is addressed to him/her in person in a way that facilitates future consultation and unaltered reproduction of the stored information
Article 2 – Identity of the trader
Trading as: COSMANIA and COSMANIA.NL
Dagelijkse Groenmarkt 26A
Telephone number: +31 20 7773193
Office hours: Monday to Friday 09.00-17.00h
Email address: firstname.lastname@example.org
Chamber of Commerce number: 50166417
VAT number: NL822590682B01
Article 3 – Applicability
1. These general agreements and conditions apply to all purchase and sales agreements entered into by the trader and its customers. No agreement can be created without the consumer’s agreement of these Terms and Conditions. Without an account, no products can be purchased.
2. Prior to the conclusion of a distance contract, the text of these general Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general Terms and Conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general Terms and Conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general Terms and Conditions can be inspected electronically and that at his/her request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related Terms and Conditions apply in addition to these general Terms and Conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him/her in the event of incompatible general Terms and Conditions.
Article 4 – The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of images, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
• The price, including taxes;
• Any possible costs of delivery;
• The way in which the contract shall be concluded and which actions this will require;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery or implementation of the contract;
• The period for accepting the offer, or the period for adhering to the price;
• The size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff;
• If a contract is filed subsequent to its conclusion, the way in which this can be accessed by the consumer;
• The way in which the consumer can obtain information about actions he/she does not wish to undertake before concluding a contract, as well as the way he/she can rectify these before the contract is concluded;
• The languages in which, in addition to Dutch, the contract can be concluded;
• The minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.
Article 5 – The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his/her payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then the trader has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a.The office address of the trader’s business location where the consumer can lodge complaints;
b. The conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
c. Information on existing after-sales service and guarantees;
d. The data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. The requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
6. Where the trader has taken on the obligation to supply a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.
How to order
The consumer can place an order with the trader by clicking on all the items he/she desires from the webshop. These items will appear in the consumer’s shopping basket. The consumer can then check his/her shopping basket and make any necessary changes. Once the consumer is content with his/her order, he/she can click on the ‘to your details’ button, and an electronic order is created containing the desired items. After entering his/her required information, including payment information, the consumer must press the ‘pay’ button and he/she will be directed to a secure environment where he/she can pay. After this, his/her order is complete. When processing the order, the trader will send the consumer an email with the confirmation receipt of the order. The sale and purchase contract starts from the moment the appropriate email is sent. The contract is therefore considered as within the Netherlands.
Article 6a – Right of withdrawal upon delivery of products
1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during a period of fourteen (14) days. This period commences on the day after the product was received by – or on behalf of – the consumer.
2. During this period, the consumer will treat the product and its packaging with care. He/she will only unpack or use the product as far as necessary in order to be able to assess whether he/she wishes to retain the product. If he/she wishes to exercise his/her right of withdrawal, then he/she will return the product to the trader, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader. If the consumer fails to do so, the trader avails itself regarding the refund of the price on its general right of suspension under Article 6:52 BW.
Delivery of product
1. The trader will take the greatest possible care when receiving and implementing orders for products, and when assessing applications for the provision of services.
2. The trader will do its utmost best to deliver all purchases within the period indicated on the website (within 2 working days in the Netherlands if the consumer places his/her order on a working day).
3. The trader depends on its suppliers. As a result, all times listed on the website are only an indication.
4. The trader is in no way liable if delivery occurs at a later date. Exceeding the delivery time and/or exceeding the period of thirty (30) days after placing the order shall not automatically place the trader in default.
5. Delivery in the Netherlands is carried out by PostNL. If the order has not been successfully delivered to the consumer on the first attempt, PostNL will return again the next (working) day. If the consumer is not available to receive the delivery at this second attempt, TNT will leave a message for the consumer stating where and when the consumer can collect the package.
6. Any complaints regarding the condition of the supplied goods may be submitted, no later than two business days after receipt of the goods, by email or telephone to the trader.
Article 6b – Right of withdrawal in service delivery
1. When services are supplied, the consumer has the possibility of dissolving the contract, without giving reasons, during fourteen (14) days, starting on the day when the contract was concluded.
2. In order to make use of his/her right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If a consumer makes use of his/her right of withdrawal, he/she must return the purchased items to the trader within fourteen (14) days of receipt. The consumer will not pay any postage costs when returning the items if he/she lives in the Netherlands and follows the instructions provided by the trader.
2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within thirty (30) days after the goods were returned or after the withdrawal.
3. The trader will not refund any initial shipping costs to the consumer.
4. The withdrawal must be notified by the consumer as directed by the trader via an email to email@example.com.
5. After cancellation of the order, the sale and purchase contract between the consumer and the trader will end immediately and the consumer is obliged to return the goods as soon as possible after cancellation (no later than 14 days after receipt of the goods) to the trader.
6. For a refund to be given, the product must be received by the trader – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
Article 8 - Preclusion from right of withdrawal
1. The trader can only preclude the consumer from having a right of withdrawal if he clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Preclusion from the right of withdrawal is only possible for products:
a. That have been created by the trader in accordance with the consumer’s specifications;
b. That are clearly of a personal nature;
c. That cannot be returned due to their nature;
d. That rapidly decay or become obsolete.
Article 9 – The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within three months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than three months after the contract was concluded are only permitted if the trader stipulated as much and:
a. They are the result of statutory regulations or stipulations; or
b. The consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. Prices stated on the trader’s webshop are exclusive of delivery costs.
6. Price changes, caused by (technical) errors or mistakes, do not bind COSMANIA and will not pursue the sale.
Article 10 – Conformity and Guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.
2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the distance contract in relation to a failure on the part of the trader to keep to his obligations vis-à-vis the consumer.
Article 11 – Supply and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the trader.
3. Taking into consideration that which is stated in article 4 of these general Terms and Conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest one month after the order was placed. In this case, the consumer has a right to dissolve the contract, free of charge and a right to possible damages.
4. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles.
6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise.
Article 12 – Duration transactions
1. A consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
2. The maximum validity of a contract concluded for an indefinite period of time is two years. In the event that the contract has been made that the distance contract will be automatically extended, then the contract will be continued as a contract for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.
Article 13 – Payment
1. Payment must be made directly online by means of credit card or iDeal, or via a bank transfer prior to the trader sending the products to the consumer. Alternatively, cash payment can be made by the consumer on delivery of the order. No extra costs are calculated for online payments.
2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
3. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.
Article 14 – Complaints procedure
1. The trader provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
3. A reply to complaints submitted to the trader will be provided within a period of fourteen (14) days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within fourteen (14) days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
Article 15 – Additional or Different Stipulations
Additional stipulations or stipulations that differ from these general Terms and Conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
It is essential that all instructions on the packaging and leaflets are read before use and that you follow them carefully. COSMANIA accepts no liability for misuse of and/or deviation from any label usage directions.
If COSMANIA is liable to you, the Customer, for any reason, our liability will be limited to the amount paid by you for the Product concerned. With the exception of malicious intent and gross negligence, COSMANIA is in no way liable for any damages caused by inaccuracies, incompleteness, and/or unlawfulness of the website’s content, the customer’s (incorrect) use of the website, and the provision of false information by the customer. With the exception of malicious intent and gross negligence, COSMANIA is in no way liable for any damage caused by the products it supplies and/or any failure in the fulfilment of the ‘contract’ or the breach of any other obligations to the Customer.
Damages or injuries that, in the opinion of the Customer, are caused by the gross negligence of COSMANIA, must, in every instance, be reported in writing to COSMANIA as soon as possible, and within thirty (30) days. Damage or injury not reported to COSMANIA within this time period is not eligible for reimbursement. The only exception is if the Customer can prove that he/she was unable to reasonably report the damage/injury earlier.
COSMANIA’s website and its content have been prepared with great passion and the utmost care. However, it has been done by human effort, and therefore inaccuracies and omissions can occur. COSMANIA is not liable for any loss of profits/earnings, loss of goodwill or any other consequential damages.
COSMANIA does not guarantee the accuracy and completeness of the information provided, and is therefore not liable for the contents of this information or for any damages resulting from any inaccuracies or incompleteness of the information provided. Furthermore, COSMANIA is not liable for damages caused by technical problems that might arise with the website and/or the Internet, such as interference, temporary interruptions, errors or delays in providing information and services from COSMANIA. Additionally COSMANIA is not responsible for any damage suffered as a result of information, advice or ideas provided via the COSMANIA website or e-mail traffic from COSMANIA.
COSMANIA manages and maintains this website from the Netherlands, and therefore does not guarantee that the information we provide on the website is always entirely suitable for use in other countries.
Article 16 - Privacy
Article 17 - Liability
1. In every case, every liability the trader has towards the consumer is limited to the full amount of the relevant invoice that the consumer is holding the trader accountable for.
2. The trader is not liable to any person for any misunderstandings, injuries, delays, or improperly executed orders and announcements that may arise from the use of the Internet or other forms of communication between the trader and the consumer, or between the trader and third parties.
3. The trader, its staff and products are explicitly excluded from all liability relating to damages of whatever nature, whether direct or indirect, among which company damage, consequence damage, damage to property or persons has occurred.
4. The trader is not responsible for any damage caused by third parties during implementation of the agreement.
5. The trader accepts no liability for any possible damage caused by the use of its products.
6. The trader manages and maintains this website from the Netherlands and therefore does not guarantee that the information provided on its website is always completely appropriate for use in other countries.
In the event of a force majeure, the trader has the right to choose to either suspend the implementation of the consumer’s order, or to dissolve the contract without legal mediation. If the period of force majeure takes longer than a period of two months, both the consumer and the trader have the right to dissolve the contract without any liability to pay compensation. The trader will inform the consumer of the decision in writing, and will not be under any obligation to award any damages, unless the decision would be deemed unacceptable under the criteria of reason and fairness.
A force majeure is an event or circumstance that is beyond the control of the parties involved, irrespective of whether they occur at the trader or any of the traders suppliers, and that prevents the party from fulfilling their obligations under the contract. A force majeure can be, among other things, strikes, illness of personnel, transport problems, and import or export bans.
Rights can only be derived on the basis of the Dutch version of these general Terms and Conditions.