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Terms Of Service

Terms and Conditions Cole Bear

 

Cole Bear applies the following terms and conditions. We have tried to express everything as clearly as possible, if you still have questions, do not hesitate to contact us via info@colebear.com

 

We have the right to change these general terms and conditions. You agree that the latest version of these terms and conditions will always apply to our agreement.

 

Article 01 - Definitions

Article 02 - Applicability

Article 03 - The offer

Article 04 - The agreement

Article 05 - Right of withdrawal

Article 06 - Costs in case of withdrawal

Article 07 - Exclusion of right of withdrawal

Article 08 - Price & Import upon purchase

Article 09 - Conformity and guarantees

Article 10 - Delivery and implementation

Article 11 - Payment

Article 12 - Complaints procedure

Article 13 - Intellectual property

Article 14 - Liability

Article 15 - Invalidity, disputes and applicable law

 

Article 1. Definitions

In these conditions the following terms have the following meanings:

  1. Reflection period: the period within which the Customer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a remote contract with the Entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a remote contract with regard to a series of products and / or services, of which the delivery and / or purchase obligation is spread over time;
  5. Durable medium: any means that enable the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  7. Entrepreneur: the (legal) person who acts in the exercise of a profession or business and who enters into an agreement - at a distance - with Cole Bear.
  8. Customer: the consumer and entrepreneur together.
  9. Agreement: an agreement whereby, in the context of a system organized by the Entrepreneur for remote sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;
  10. Technology for remote communication: means that can be used to conclude an agreement, without the Customer and Cole Bear being together in the same room at the same time.
  11. General Terms and Conditions: these general terms and conditions.
  12. Cole Bear: the user of these general terms and conditions, namely Cole Bear, registered in the trade register of the Dutch Chamber of Commerce under Esperanto E-Commerce B.V., number 78353114 and located at Trasmolenlaan 12, 3447 GZ, Woerden, Netherlands

 

 

Article 2. Applicability

  1. These Terms and Conditions apply to every offer from Cole Bear and to every concluded Agreement and orders between Cole Bear and the Customer.
  2. Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Customer. If this is not reasonably possible, it will be indicated before the Agreement is concluded that the General Terms and Conditions can be viewed at Cole Bear and that they will be sent by e-mail free of charge at the request of the Customer as soon as possible.
  3. The Terms and Conditions can be viewed by everyone at any time on the website of Cole Bear, www.colebear.com.
  4. In the event that specific product or service terms and conditions apply in addition to these Terms and Conditions, the second and third section applies similarly and in the case of conflicting terms and conditions the Customer can appeal the applicable provision most favourable to him.
  5. Situations and ambiguities that are not regulated in these Terms and Conditions must be assessed "in the spirit" of these Terms and Conditions.
  6. Any terms and conditions of the Customer and / or a third party do not apply to the Agreement between the Customer and Cole Bear. In other words: the Terms and Conditions of Cole Bear prevail.

 

Article 3. The offer

  1. In the event that an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation until the moment of acceptance. Cole Bear is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the Customer to properly assess the offer. If Cole Bear uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding Cole Bear, if it must be evident to the Customer that there is an obvious mistake or error.
  4. Images of products are a true representation of the products offered. Cole Bear cannot guarantee that the displayed colours exactly match the real colours of the products.
  5. Each offer contains such information that it is clear to the Customer which rights and obligations are attached to accepting the offer. This concerns in particular:
  6. the price excluding taxes;
  7. the possible costs of shipping;
  8. the manner in which the Agreement will be concluded and which actions are required for this;
  9. whether or not the right of withdrawal applies;
  10. the method of payment, delivery and implementation of the Agreement;
  11. the terms for accepting the offer, or the terms within which the Entrepreneur guarantees the price;
  12. the level of the rate for remote communication if the costs of using the technique for remote communication are calculated with a method other than the regular basic rate for the means of communication used;
  13. whether the Agreement will be archived after it has been concluded, and if so, how it can be consulted by the Customer;
  14. the way in which the Customer, before concluding the Agreement, can check the data provided by him under the Agreement and, if desired, restore it;
  15. any other languages ​​in which, in addition to English, the Agreement can be concluded;
  16. the codes of conduct to which the Entrepreneur is subject and the way in which the Customer can consult these codes of conduct electronically;
  17. the minimum duration of the Agreement in the event of an extended transaction.
  18. optional: available sizes, colours, type of materials.

 

 

Article 4. The Agreement

  1. Subject to the provisions of section 4, the Agreement is concluded at the time of acceptance of the offer by the Client and compliance with the corresponding conditions.
  2. If the Customer has accepted the offer electronically, Cole Bear will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Cole Bear, the customer can dissolve the Agreement.
  3. If the Agreement is concluded electronically, Cole Bear will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Client can pay electronically, Cole Bear will observe appropriate security measures.
  4. Cole Bear can - within legal frameworks - inquire whether the Client can meet his payment obligations, as well as those facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Cole Bear has good reasons not to enter into the Agreement, it is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
  5. Cole Bear will send the following information with the product or service to the Customer, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable medium:
    1. the visiting address of the branch of Cole Bear where the Client can address complaints;
    2. the conditions under which and the way in which the Customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about guarantees and existing after-sales service;
    4. the requirements for terminating the Agreement if the Agreement has a duration of more than one year or is indefinite;
    5. The price, including all taxes and shipping.
  6. Each Agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

 

Article 5. Right of withdrawal

  1. When purchasing products, the Consumer has the option to terminate the Agreement without stating reasons for fourteen (14) days. This reflection period commences on the day after receipt of the product by the Consumer or by a representative of the Consumer designated by the Consumer in advance and made known to Cole Bear.
  2. During the reflection period, the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The seal must remain intact at all times. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to Cole Bear, in accordance with the reasonable and clear instructions provided.
  3. If the Consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Cole Bear within a period of fourteen (14) days after receipt of the product: 1) by sending an e-mail to Cole Bear and 2) by simultaneously returning the product to Rookie To Fly E-commerce CO., Ltd., Feng huang road, Dianzixinxichanyeyuan2#, Chizhou shi, Anhuisheng, China. If requested, the Consumer must be able to prove with proof of shipment that the delivered goods have been returned on time.
  4. If, after the expiry of the periods referred to in sections 1 and 3 of this article, the Consumer has not made it known that he wishes to make use of his right of withdrawal or has not returned the product to Cole Bear, the purchase is a fact.

 

Article 6. Costs in case of withdrawal

  1. If the Consumer exercises his right of withdrawal, the costs for returning the products are for the account of the Consumer.
  2. If the Consumer has paid an amount, Cole Bear will refund this amount as soon as possible, and at the latest within fourteen (14) days after withdrawal. The condition is that the product has already been returned in good condition by Cole Bear.

 

Article 7. Possible exception to the right of withdrawal

  1. Cole Bear can exclude the Consumer's right of withdrawal for products as described in the following sections 2 and 3.
  2. Exclusion of the right of withdrawal is possible for products:
    1. that have been established by Cole Bear in accordance with the specifications of the Client;
    2. that are clearly personal in nature;
    3. that cannot be returned due to their nature;
    4. that can spoil or age quickly;
    5. whose price depends on fluctuations in the financial market, over which Cole Bear has no influence;
    6. for individual newspapers and magazines;
    7. for audio, video recordings and / or computer software, of which the Consumer has broken the seal.
    8. for hygienic products of which the Consumer has broken the seal.
  3. Exclusion of the right of withdrawal is also possible for services:
    1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    2. the delivery of which commenced with the express consent of the Customer before the reflection period has expired;
    3. concerning bets and lotteries.

 

Article 8. The price & import at purchase

  1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous section, Cole Bear can offer products or services of which prices are subject to fluctuations in the financial market and over which Cole Bear has no influence, at variable prices. This subject to fluctuations and the fact that any stated prices are target prices, are stated in the offer.
  3. Price increases within three (3) months after the conclusion of the Agreement are only permitted if they are the result of statutory regulations or provisions.
  4. The prices stated in the offer of products or services are all in euros and exclusive of VAT. All prices are subject to printing and / or typographical errors. Cole Bear is not liable for any adverse consequences of printing and / or typesetting errors. In the event of printing and / or typing errors, Cole Bear is not obliged to deliver the product for the incorrect price. The products are sent by the Supplier to the address of the Customer in the name of the Customer and imported by the Customer. Any import duties and / or clearance costs due will be borne by the Customer and must be paid by the Customer to the delivery person upon delivery of the products.

 

 

Article 9. Conformity and warranty

  1. Cole Bear 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 on the date of the conclusion of the Agreement existing legal provisions and / or government regulations. If explicitly agreed in writing, Cole Bear also guarantees that the product is suitable for other than normal use.
  2. Any defects in products or incorrectly delivered products must be reported by the Customer to Cole Bear by e-mail within fourteen (14) days after delivery. As indicated in article 5, the products must be returned in the original packaging and in new condition.
  3. The warranty period of Cole Bear corresponds to the manufacturer's warranty period. However, Cole Bear is never responsible for the ultimate suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.
  4. The warranty does not apply if:
    1. The Customer has repaired and / or modified the delivered products or has it repaired and / or modified by third parties;
    2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Cole Bear and / or instructions on the packaging;
    3. The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Article 10. Delivery and implementation

  1. Cole Bear will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the Customer has provided to Cole Bear.
  3. With due observance of what is stated in Article 4 of these Terms and Conditions, Cole Bear will execute accepted orders expeditiously, but no later than thirty (30) days, unless the Customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than thirty (30) days after placing the order. In that case, the Customer has the right to terminate the Agreement without costs.
  4. In case of termination in accordance with the previous paragraph, Cole Bear will refund the amount paid by the Customer as soon as possible, but no later than fourteen (14) days after termination.
  5. The product is sent in the name and risk of the Customer. If delivery of an ordered product proves impossible, Cole Bear will endeavour to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered.
  6. The risk of damage and / or loss of products rests with Cole Bear until the moment of delivery to the Customer or a representative of the Customer designated in advance and made known to Cole Bear, unless expressly agreed otherwise.

 

Article 11. Payment

  1. Unless otherwise agreed, the Agreement is concluded after the amounts owed by the Customer have been paid. In the case of an Agreement to provide a service, this period commences after the Customer has received confirmation of the Agreement.
  2. The Customer is obliged to immediately report inaccuracies in provided or stated payment details to Cole Bear.
  3. In the event of non-payment by the Client, Cole Bear has the right - subject to legal restrictions - to charge the reasonable costs made known to the Client in advance.

 

Article 12. Complaints procedure

  1. Cole Bear has a complaints procedure included on its website and handles complaints in accordance with this complaints procedure.
  2. Complaints about the performance of the Agreement must be submitted fully and clearly described to Cole Bear within seven (7) days after receipt of the product.
  3. Complaints submitted to Cole Bear will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires an (un) foreseeable longer processing time, the Entrepreneur will respond within the period of fourteen (14) days with a confirmation of receipt and an indication when the Customer can expect a more detailed answer.
  4. The Customer must in any case give Cole Bear four (4) weeks to resolve the complaint by mutual agreement.

 

Article 13. Intellectual property

  1. Cole Bear retains all (intellectual property) rights to offers, documents, images, drawings, software, domain names, creations and related information made by it. This also applies if costs have been charged for this or if improvements have been made later.
  2. It is not permitted to reproduce the website or any part thereof or to make it available to third parties without the prior written permission of Cole Bear.
  3. The logos, brand names and product names of brands remain the property of their respective owners.

 

Article 14. Liability

  1. Cole Bear is only liable for direct damage of the Customer, which is directly and exclusively the result of a shortcoming on the part of Cole Bear.
  2. Cole Bear is not liable for damage that has developed because it is based on incorrect or incomplete information provided by the Customer, for direct or indirect damage caused by third parties, or for collateral damage.
  3. If Cole Bear has been held liable and has acknowledged this liability, that liability is limited to:
    1. the amount that is paid out by the liability insurance of Cole Bear minus the deductible;
    2. the invoice amount, if the liability insurance does not pay out.

 

Article 15. Invalidity, disputes and applicable law

  1. If part of these terms and conditions are invalid or nullified, this will not affect the validity of the rest of the general terms and conditions. The invalid or nullified part will be replaced by a provision that follows the content of the invalid provision as closely as possible.
  2. All agreements, services, offers and orders are subject to Dutch law. Any disputes must be submitted to the competent court in the Netherlands.

 

 

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