TERMS AND CONDITIONS
CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Prices
Article 8 - Conformity, warranty and liability
Article 9 - Delivery and performance
Article 10 - Payment
Article 11 - Privacy
Article 12 - Complaints procedure
Article 13 - Governing law and competent court
Article 14 - Amending these general conditions
ARTICLE 1
DefinitionsIn these conditions, the following terms will be understood to have the meanings assigned to them below:
1. Cooling-off period: the period within which the consumer can exercise his or her right of withdrawal;
2. CoenenBranding Europe: the company as described under Article 2, and the operator of the website www.startowels.se;
3. Consumer: the natural person, not acting in a business or professional capacity, who enters into a distance agreement with CoenenBranding Europe;
4. Day: calendar day;
5. Right of withdrawal: the possibility for the consumer to dissolve the distance agreement within the cooling-off period and in accordance with these general conditions without giving reasons;
6. Model form: the model form (see Article 6) for withdrawal that CoenenBranding Europe makes available and that a consumer can complete when he or she wishes to exercise his or her right of withdrawal;
7. Distance agreement: an agreement concluded between CoenenBranding Europe and the consumer within the framework of a system organised by CoenenBranding Europe for remote selling of products, with, up to and including the conclusion of the agreement, only one or more remote communication technologies being used;
8. Remote communication technology: means that can be used to conclude an agreement, without the consumer and CoenenBranding Europe converging in the same space at the same time;
9. Website: the website of StarTowels.
ARTICLE 2
Identity of the entrepreneur
Name of entrepreneur: CoenenBranding Europe B.V.
Address: Haverbeekstraat 5
Postcode and place: 6102 VZ Echt, the Netherlands
E-mail address: support@starblankets.uk
Registration number of the Dutch Chamber of Commerce: 82851247
VAT identification number: NL862628489B01
ARTICLE 3
Applicability
1. These general conditions apply to all offers of CoenenBranding Europe on the website, all orders placed by the consumer on the website and to every distance agreement concluded between CoenenBranding Europe and the consumer.
2. Prior to the conclusion of a distance agreement, these general conditions will be made available to the consumer by CoenenBranding Europe in such a manner that the consumer can save them and review them at a later time. The general conditions will be made available to the consumer in the same language as that in which the agreement is concluded with the consumer.
3. If one or more provisions of these general conditions is or are invalid or nullified in whole or in part at any time, the agreement and these conditions will remain in force as regards the remaining provisions.
ARTICLE 4
The offer
1. The presentation of the product on the website does not constitute an offer in the legal sense, but merely an invitation to the Consumer to make an offer in the legal sense.
2. The invitation contains a complete and precise description of the offered products .
3. CoenenBranding Europe strives to present the products on the website as realistically as possible. All images, specifications and other data in the offer are indicative. Minor reasonable deviations cannot be a reason for compensation or dissolution of the agreement.
4. Due to the technical possibilities of presentation the shown colours on the internet may deviate, insofar as this is reasonable.
ARTICLE 5
The agreement
1. The consumer can select the products and collect them in a so-called shopping cart by clicking on the button "add to shopping cart". By clicking on the button "buy now", the consumer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the consumer can change and review the content of the shopping cart at any time.
2. The consumer can correct input errors at any time during the ordering process by clicking the “back” button or changing the number of articles or deleting a product in the shopping cart.
3. CoenenBranding Europe will confirm receipt of the consumer’s offer immediately by e-mail.
4. The agreement will not be concluded with this offer confirmation, but only with the sending of a separate e-mail with an acceptance by CoenenBranding Europe.
5. CoenenBranding Europe may, subject to the restrictions of the law imposed for that purpose, check the creditworthiness of the consumer and enquire after all facts and factors that may be material for concluding the distance agreement in a responsible manner. If, further to such investigations, CoenenBranding Europe has good grounds to decide against concluding the agreement, CoenenBranding Europe will be entitled to reject an order or request, stating reasons, or to attach special conditions to performance.
6. If no units of the product selected by the consumer are available at the time of the consumer’s order, CoenenBranding Europe shall inform the consumer of this immediately in the order confirmation. If the product is permanently not available, CoenenBranding Europe shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. In case of temporary unavailability, the consumer will be given the choice of whether or not to wait for the new stock. If the consumer does not wish to wait for the new stock, the purchase price will be refunded to the consumer.
ARTICLE 6
Right of withdrawal
When purchasing products online, the consumer has a statutory right of withdrawal.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.You will have to bear the direct cost of returning the goods.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal is excluded for contracts:
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
The right of withdrawal expires prematurely for contracts:
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To CoenenBranding Europe B.V., Haverbeekstraat 5, 6102 VZ Echt.
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date(*) Delete as appropriate.
The consumer must return the product with all delivered accessories and, if reasonably possible, is asked to return the products in original packaging.
The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal lies with the consumer.
If the consumer exercises his or her right of withdrawal, all additional and supplemental agreements will be terminated by operation of law.
If CoenenBranding Europe facilitates notice of withdrawal by the consumer by electronic means, then after receipt of this notice it will immediately send a confirmation of receipt of the withdrawal.
ARTICLE 7
Prices
1. The prices stated on the website are in euros and include VAT, but do not include other additional costs, such as dispatch costs. The VAT, as well as any dispatch or other costs or charges to be paid by the consumer, will be indicated at the end of the ordering process before the order becomes final.
2. CoenenBranding Europe makes every effort to list the correct prices on the website. In the unlikely event that an incorrect price is stated on the website, CoenenBranding Europe reserves the right to adjust the incorrect price on the website. If an agreement has already been concluded and CoenenBranding Europe becomes aware of the wrong pricing only afterwards, CoenenBranding Europe reserves the right to avoid the agreement on the grounds of that it had no intention of making a declaration with this content.
3. CoenenBranding Europe reserves the right to adjust prices at any time. Any price adjustments will not affect agreements already concluded.
ARTICLE 8
Conformity, warranty and liability
1. CoenenBranding warrants that the products will satisfy the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability and any statutory provisions and/or governmental regulations in force on the date the agreement was made, all with due observance of Article 4, paragraph 3, of these general conditions.
2. The warranty term of CoenenBranding Europe matches the manufacturer's warranty term, but will never be shorter than the statutory warranty term. A warranty issued by CoenenBranding Europe, the manufacturer or importer will not affect the statutory rights and claims that the consumer can assert against CoenenBranding Europe under the agreement.
3. The warranty does not apply if:
a. The consumer has used the product contrary to the normal use of the product;
b. The defect is the result of normal wear and tear;
c. The consumer has repaired and/or manipulated the delivered products himself or herself or has had them repaired and/or manipulated by third parties;
d. The products delivered have been exposed to abnormal circumstances or otherwise treated carelessly or have been treated contrary to the instructions of CoenenBranding Europe and/or the instructions on the packaging;
e. The unsoundness is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.
4. Warranty claims should be reported to CoenenBranding Europe in writing (email is sufficient).
5. Claims of the consumer for damages are precluded. Excluded from this are claims for damages by the consumer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by CoenenBranding Europe, its legal representatives or vicarious agents.
6. In the event of a breach of material contractual obligations, CoenenBranding Europe will only be liable for the foreseeable damage typical for the contract if such damage was caused by slight negligence, unless the consumer’s claims for damages are based on injury to life, body or health. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
7. The restrictions of paragraphs 5 and 6 also apply in favour of the legal representatives and vicarious agents of CoenenBranding Europe if claims are asserted directly against them.
8. The limitations of liability resulting from paragraphs 5 and 6 do not apply insofar as CoenenBranding Europe has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.
ARTICLE 9
Delivery and performance
1. CoenenBranding Europe will observe the greatest possible care in taking receipt and in the performance of orders for products.
2. The place of delivery will be the address communicated by the consumer to CoenenBranding Europe.
3. The expected delivery date is indicated on the website and will also be stated in the confirmation of receipt. CoenenBranding Europe strives to carry out the consumer’s order within 30 days of the order date. The consumer can track the order via the website. If desired, the consumer can choose to be kept informed of the progress of the order by e-mail. If delivery is delayed, or if an order cannot be performed or can be performed only in part, the consumer can check this via the tracking systems referred to above. In that case, the consumer will have the right to terminate the contract at no cost.
4. CoenenBranding Europe is entitled to make a partial delivery, insofar as a partial delivery is reasonable for the consumer, taking into account its interests. The consumer does not incur any additional costs as a result.
5. CoenenBranding Europe is entitled to deliver products equivalent in quality and price if the ordered products are not available and the consumer has declared his consent to this procedure in his order.
6. If the consumer does not take possession of the ordered product, CoenenBranding Europe can decide to store it at the expense and risk of the consumer until the product can be delivered again.
7. The risk of damage and/or loss of products rests with CoenenBranding Europe until the time of delivery to the consumer or a representative designated in advance by the consumer and communicated to CoenenBranding Europe.
ARTICLE 10
Payment
1. In so far as not agreed otherwise, the amounts owed by the consumer must be paid immediately after receipt of the order confirmation (i.e. acceptance of the offer).
2. The consumer will be obliged to report any inaccuracies in the payment details provided or communicated to CoenenBranding Europe without delay.
3. In the event that the consumer does not meet his or her payment obligations on time, and CoenenBranding Europe has notified the consumer of the late payment and has granted the consumer a term of fourteen (14) days to make the payments in question, and payment is still not received within this fourteen-day period, the consumer is in legal default.
4. In that case, default interest will be owed by the consumer in the amount of 5 percentage points above the base rate. CoenenBranding Europe will be authorised to charge any reasonable pre-litigation collection costs incurred to the consumer. The consumer has the right to prove that only a lesser damage has occurred. The obligation of the consumer to pay default interest does not exclude the assertion of further default damages by CoenenBranding Europe.
ARTICLE 11
Privacy
CoenenBranding Europe respects your privacy and personal data. The privacy and cookie statement explains how CoenenBranding Europe handles the personal data provided by consumers to CoenenBranding Europe.
ARTICLE 12
Complaints procedure
1. Any complaints may be submitted by the consumer via support@starblankets.uk.
2. Complaints submitted to CoenenBranding Europe will be answered as soon as possible, but at the latest within 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, CoenenBranding Europe will respond within fourteen days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
3. If the complaint is well-founded, the consumer will have the choice whether to demand subsequent performance by repair or replacement delivery. CoenenBranding Europe is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the consumer. If the subsequent performance fails, the consumer can rescind the contract or reduce the purchase price in accordance with the statutory provisions.
ARTICLE 13
Complaints procedure
1. Agreements between CoenenBranding Europe and the consumer to which these general conditions apply, are governed by the law of Germany. This choice of law only applies insofar as mandatory provisions of the law of the state in which consumer has his habitual residence do not withdraw the protection granted by them.
2. CoenenBranding Europe is obliged to inform the consumer that with regard to the so-called online dispute resolution, a corresponding online platform is provided by the European Commission. The consumer can access this platform at the following link: https://ec.europa.eu/consumers/odr/. In this context, CoenenBranding Europe is also obliged to inform the consumer of its e-mail address. This is: support@starblankets.uk.
3. CoenenBranding Europe always endeavours to resolve any disagreements with the consumer regarding existing contracts amicably. However, CoenenBranding Europe is not obligated to participate in any consumer arbitration proceedings (in accordance with the VSBG) and unfortunately does not offer its customers participation in such proceedings.
4. All disputes resulting from or in connection with the agreement and possible other agreements between CoenenBranding Europe and the consumer will be submitted to the competent court in the consumer's place of residence. This article does not affect your statutory rights.
ARTICLE 14
Amending these general conditions
1. CoenenBranding Europe reserves the right to revise and amend these general conditions from time to time.
2. The applicable general conditions are those that are in force at the time when the agreement between CoenenBranding Europe and the consumer is concluded.