TERMS AND CONDITIONS
ARTICLE 1. GENERAL
1.1. These conditions apply to all offers and agreements for the purchase/sale of goods and/or assignments from COZY WEAR
1.2. Additions or deviations from these conditions must be agreed upon in writing and apply only to the agreement for which they were made.
1.3. The rights and obligations from agreements between COZY WEAR and the other party cannot be transferred to third parties by the other party, unless with written consent from COZY WEAR
1.4. Different general terms and conditions, including those of the other party, are excluded by COZY WEAR not accepted, unless otherwise agreed in writing and by COZY WEAR is confirmed.
ARTICLE 2. OFFERS
2.1. All offers are entirely non-binding and are valid as long as stocks last. An offer that contains a term can be COZY WEAR can nevertheless be revoked, even after receipt of the order, provided this is done within 5 working days after receipt of that order.
2.2. The quantities, weights, sizes, prices, etc. mentioned in price lists or on the internet (website), quotations, and other documents are for informational purposes only. Although the main characteristics of products are represented as accurately as possible, they have the nature of an approximate indication and do not bind COZY WEAR does not.
ARTICLE 3. AGREEMENTS
3.1. An agreement is only considered legally valid once COZY WEAR has confirmed the order in writing or has started the execution of the order. The content of the agreement is determined by the quotation and/or order confirmation from COZY WEAR and these general terms and conditions.
3.2. If – after the order has been placed – an additional order is presented, the originally agreed delivery time will lapse.
3.3. The other party and COZY WEAR expressly agree that by using electronic forms of communication, a valid agreement is established as soon as the conditions set out in articles 3.1 and 3.2 are met. In particular, the absence of a signature does not detract from the binding nature of the offer and its acceptance.
3.4. There is no minimum order, all orders over €100 will be shipped for free. For orders under €100, we charge a contribution towards shipping costs.
ARTICLE 4. PRICES
4.1. All price quotations and the prices that COZY WEAR are stated in euros and include VAT and other costs related to the agreement, such as levies.
4.2. Delivery costs are not included in the price unless stated otherwise.
4.3. If, after the conclusion of the agreement, the prices of materials, taxes, and/or other factors that also determine the price of the goods change, COZY WEAR is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the agreement, provided this is done in writing and within seven days of receiving the relevant notification. Such termination does not entitle the other party to compensation for any damages.
ARTICLE 5. PAYMENT
5.1. For orders placed via the website, payment can be made using the payment options listed on the site. When paying with a credit card or electronic payment method issued by a third party, the terms of the respective card issuer or bank apply. Payments by invoice, if explicitly agreed upon, must be made within 14 days of the invoice date.
5.2. The counterparty is in default after the expiration of the payment term mentioned in paragraph 1 of this article without the need for a notice of default, regardless of whether the exceeding can be attributed to the counterparty or not.
5.3. Without prejudice to its further rights, is COZY WEAR is then authorized to calculate interest on the outstanding amount of 1.5% per month or a portion of a month, calculated from the relevant due date.
5.4. All by COZY WEAR incurred extrajudicial and judicial costs in the context of a dispute with the counterparty, both claiming and defending, are borne by the counterparty.
5.5. Incoming payments are applied to settle the oldest outstanding items - including interest and costs, even if the counterparty declares otherwise in this regard.
ARTICLE 6. COOLING-OFF PERIOD, CANCELLATION, AND RETURNS
6.1. The counterparty has the right to a cooling-off period of 30 days after delivery of the product when the counterparty is a consumer and provided the packaging has not been broken. This right also lapses if the products have been used. Companies are excluded from this right under the Distance Selling Act 2001. The counterparty (consumer) may return a product within the aforementioned period of 30 days.
6.1A. If you wish to make use of the return option, please contact us at info@cozy-wear.shop, mention the order number in the subject of the email, and state the reason for the return. Depending on the reason for the return, you can return the package sufficiently stamped or free of charge.
6.2. Conditions for the right of return: The product must not have been used and must still be resalable as new. (The consumer must be able to view and try on the product but not use it). It must be returned undamaged, complete, and in the original packaging.
6.3. If the counterparty has exercised the right of withdrawal as mentioned in the previous paragraph and the product, unused and in original packaging with any included accessories without signs of use to COZY WEAR will be offered, then bears COZY WEAR is responsible for reimbursement to the counterparty within 30 days of receipt.
6.4. In case of cancellation by companies, all by COZY WEAR costs incurred in relation to the order or assignment as well as the lost profit are immediately due, with a minimum of 10% of the principal amount, everything to be increased as necessary with any by COZY WEAR suffered damage as a result of the cancellation.
6.5. If the total value of the order after return falls below €50,- it is COZY WEAR authorized to calculate the shipping costs.
ARTICLE 7. DELIVERY TIME, DELIVERY, RISK
7.1. In principle, COZY WEAR aims to ship orders placed before 10:00 PM on a working day within 14 days. The delivery period mentioned in the offer and/or the order confirmation is not considered a fatal term and is only indicated approximately, even if expressly accepted by the other party.
7.2. In the event that the other party is not at home at the time of delivery, the goods will be offered again the following day. In both cases, a note will be left stating that the delivery can be picked up at the post office.
7.3. For deliveries abroad, different conditions may apply.
7.4. The mentioned or agreed delivery period will in any case, but not exclusively, be automatically extended by the period(s) during which:
– there is a delay in manufacturing and/or shipping and/or any other circumstance temporarily preventing execution, regardless of whether this COZY WEAR can be attributed;
– the other party in one or more obligations towards COZY WEAR defaults or there is reasonable fear that it will default, regardless of whether the reasons for this are justified or not;
– other party COZY WEAR is unable to perform the agreement; this situation occurs, among other things, if the other party fails to communicate the place of delivery.
7.5. The other party must COZY WEAR to receive and inspect the purchased goods (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be COZY WEAR stored, at the expense and risk of the other party. The costs for storage are at the expense of the other party. COZY WEAR will demand performance but reserves the right to terminate the agreement without judicial intervention, without prejudice to the right of COZY WEAR for compensation.
ARTICLE 8. EXECUTION OF THE AGREEMENT
8.1. COZY WEAR will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
8.2. COZY WEAR will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good craftsmanship. COZY WEAR is entitled to outsource the assignment or parts thereof to or have it performed by third parties who are not employed by
COZY WEAR. 8.3. The other party shall ensure that all data of which COZY WEAR. If the other party indicates that these are necessary or that the other party should reasonably understand that these are necessary for the execution of the agreement, in a timely manner to COZY WEAR has been provided. If the data necessary for the execution of the agreement is not provided to COZY WEAR has the right to suspend the performance of the agreement.
ARTICLE 9. WARRANTY/COMPLAINTS
9.1. COZY WEAR guarantees that all goods are suitable and legally permissible for the purpose for which they are intended, that they comply with the agreed specifications.
9.2. Subject to what is stipulated elsewhere in these terms, COZY WEAR for the soundness as well as the quality of the products supplied by it. If a product is unusable due to damage during shipping, or does not match the order, the other party has the option to return this product.
9.3. The guarantees regarding the delivered goods lie with the manufacturer of the respective goods.
9.4. The other party is obliged to read the information and advice provided by the manufacturer with the delivered products.
9.5. Complaints are not possible if:
– the delivered goods show one or more imperfections or deviations that fall within a reasonable tolerance;
– the goods were used for a purpose other than that for which they are normally intended or in the opinion of COZY WEAR were used, stored, or transported in an unskillful manner,
– the damage was caused by negligence of the other party or because the other party acted contrary to instructions, directions, and advice from COZY WEAR
– the other party does not fulfill its obligations towards COZY WEAR (both financially and otherwise).
9.6. If the other party complains in writing within 5 days of receipt, in accordance with the provisions of the relevant agreement and these general terms and conditions, and its complaint is acknowledged by If COZY WEAR is found to be justified, COZY WEAR may at its discretion replace the defective goods (or parts thereof) free of charge (after which the replaced goods become its property) or grant a price reduction.
9.7. The handling of a complaint does not suspend the payment obligation of the other party.
9.8. If a complaint is addressed outside the above-described cases, this is done entirely voluntarily and the other party cannot derive any rights from it.
ARTICLE 10. INSPECTION
The goods are to be inspected prior to delivery by COZY WEAR checked. The other party has the right, at its own expense, to inspect the goods prior to delivery at the time and place by COZY WEAR established.
ARTICLE 11. NON-COMPLIANCE/ TERMINATION/SUSPENSION
11.1. COZY WEAR is entitled to terminate the agreement with immediate effect, without judicial intervention, in whole or in part, or to suspend the performance, without prejudice to its other rights (to performance and/or compensation), if:
– the other party acts in violation of any provision of the agreement between the parties;
– the other party dies, applies for a suspension of payments, or files for bankruptcy, or bankruptcy of the other party is requested;
– any asset of the other party is seized;
The provisions in paragraph 1 of this article shall apply correspondingly if the other party, after being invited to do so in writing, does not respond within seven days to the satisfaction of COZY WEAR has provided security.
ARTICLE 12. RETENTION OF TITLE
Cash on delivery / payment afterwards takes place under retention of title and after full payment, the product becomes the property of the other party.
ARTICLE 13. LIABILITY
13.1. COZY WEAR is not liable for damage resulting from any shortcoming in the fulfillment of its obligation(s) towards the counterparty. The fulfillment of the obligations from warranty/complaint as described in article 9 above serves as the sole and complete compensation for damages. Any other claim for damages, for whatever reason, is excluded, unless there is intent or gross negligence of COZY WEAR or managerial subordinates.
13.2. COZY WEAR is also not liable for intent or (gross) negligence of (non-managerial) subordinates or others it has engaged in the context of the execution of the agreement.
13.3. COZY WEAR accepts no liability for advice provided by or on behalf of it.
13.4. The counterparty must COZY WEAR to always be given the opportunity to settle a complaint, otherwise the liability claim and thus the compensation will lapse.
ARTICLE 14. FORCE MAJEURE
14.1. Force majeure in the sense of these general terms and conditions is understood to mean any circumstance beyond the will and actions of COZY WEAR, whether or not foreseeable at the time of entering into the agreement, as a result of which performance is reasonably not possible. COZY WEAR may be required, such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost damage, shortcomings of third parties that COZY WEAR engaged for the execution of the agreement (such as late delivery by suppliers), etc.
14.2. Force majeure gives COZY WEAR has the right to either terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being liable for damages. Regarding the part of the agreement that has already been executed, the counterparty remains obliged to pay.
ARTICLE 15. PERSONAL DATA
COZY WEAR will process all data and information from the counterparty solely in accordance with its privacy policy.
ARTICLE 16. PARTIAL NULLITY
If one or more provisions of this agreement with the counterparty are not or not entirely legally valid, the remaining provisions shall remain fully in effect. Instead of the invalid provisions, an appropriate arrangement shall apply that closely approximates the intention of the parties and the economic result they aim to achieve in a legally effective manner.
ARTICLE 17. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
17.1. The registered office of COZY WEAR is the place where the other party fulfills its obligations towards COZY WEAR must comply, unless mandatory provisions oppose this.
17.2. All offers and agreements of COZY WEAR is exclusively governed by Dutch law.
17.3. All disputes arising from the relationship between the other party and COZY WEAR closed agreement or subsequent agreements that may result from it will be settled by the competent court.
ARTICLE 18. REVIEWS
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- No verifiable customer who has actually purchased the product
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