“The Company” means Kocowisch B.V. established at Utrecht (Netherlands) or any subsidiary or associated company of Kocowisch B.V. from which the Goods are ordered including, but not limited, to those listed on any credit account application form you might complete.
“The Customer” means the person, firm or other entity which contracts with the Company for the purchase of Goods.
“The Goods” means products of any kind manufactured or sold by the Company
“Contract” means the contract for the purchase and sale of the Goods.
These general terms and conditions (hereafter: Conditions) are applicable to and form an integral part of all quotations, offers, confirmations, agreements and deliveries
of the Company to the exclusion of any other general terms and conditions.
These Conditions have been registered with the Chamber of Commerce in The Netherlands under number 60795425 and will be sent to you by the Company on request. These Conditions can
also be viewed on, or downloaded from the internet, see our website: https://kocowisch.nl/terms-conditions/
The conditions of the Customer shall not exclude or limit the applicability of these conditions, even if the Customer includes his/her conditions to the document placing
or confirming the order.
By accepting an offer, placing an order or entering into an agreement, the Customer accepts the applicability of these Conditions.
A deviation from the provisions contained in these Conditions can only be made in writing and solely by the Company, in which case the other provisions will remain
Offers and agreement:
All offers and quotations made by the Company are free of obligation and the Company retains the express right to change the prices. If the prices of the offered products and services increase during the period between the order and its execution, the Customer is entitled to cancel the order or dissolve the agreement within five (5) working days of being notified by the Company of the price increase.
An agreement only comes into effect after written acceptance by the Company of the Customer’s order. The Company is entitled to refuse orders or attach certain conditions to the delivery, unless explicitly stipulated otherwise.
If the agreed price, discount or delivery time is based on a clear mistake, typing error or printing error, both the Company and the Customer have the right to rectify the error(s) or cancel the order within five (5) working days of being notified by the Company of the price increase.
All the illustrations and information concerning dimensions, colour, finish, etc. are only intended as an indication and are subject to variation due to changes in production
processes. Minor deviations from this cannot be grounds for rejection, a discount, compensation or annulment of the agreement. While the Company makes every effort to ensure the accuracy of the information contained in its literature, the Company shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in correspondence, catalogues and any other literature supplied by the Company. However as the Company’s policy is one of continual improvement it reserves the right to alter specifications of any Goods without notice. All descriptions, illustrations, specifications,examples and technical information in this brochure shall not form part of any contract of purchase and sale with the Company.
The Company’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed . The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order including all applicable specifications submitted by the Customer
for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms and for detailing any delivery instructions.
The quantity, quality, and description of and any specification for the Goods shall be those set out in the Company‘s website, which shall take priority over the Company’s brochure, save for those instances where the Goods are not on the Company’s website but are in the Company’s brochure subject to any written variations.
If the Goods are to be manufactured from specifications supplied to the Customer or the Company uses material to manufacture the Goods in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent copyright design trade mark or other industrial or intellectual property rights of any other person which results from
the Company’s use of the Customers specification.
Changes in specification
The Company reserves the right to make any changes to the Customer’s specification of the Goods which are required to conform to any applicable safety or other statutory requirements.
Where changes are made to the Customer’s specification the company shall notify the customer who shall either provide a new specification or permit the Company to proceed with the manufacture of the Goods in accordance with the company’s changes.
Any change to the specification shall be subject to the waiver of warranty.
All products are created by demand of the specific customer. Therefor the Customer explicitly abandons his right to cancel the order.
In accordance tot article 4.1, no order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Company as a result of cancellation. With exception of the jewelry (if bought in the webshop) these can be returned to the company within 14 workdays after receiving the goods. The jewelry can only be returned when the package including the jewel is as new.
Price and Payments:
All quoted prices by the Company are in euro excluding VAT and other government duties or taxes.
If discount is agreed for the purchase of a certain quantity or range in an order, the Company is not obliged to apply the discount if fewer or different goods than those agreed are actually ordered.
Time for payment shall be the essence of the contract. The Customer shall make payment according to the following terms: 50% at placement of order and 50% prior to delivery. Deliveries subject to prepayment will qualify for shipment only after the full outstanding amount has been credited to the bank account of the Company.
If the invoice amount is not paid within the payment term, the Customer is in default without any notice being required.
The Customer shall pay interest on the outstanding balance of the invoice value or any part thereof at the rate of 4% above ING Bank base rate, in the period between the due date for payment and final settlement. In these circumstances, the Company may suspend deliveries under any or all contracts with the Customer while the Customer is in arrears and/or give notice in writing that if any such sums are not paid within 14 days any or all contracts may be cancelled and hence if all such sums are not paid within that time, the Company may treat any or all such Contracts
as determined and claim damages for repudiation; Without prejudice to any other rights and remedies, the Company shall have the right:
to suspend or withhold further deliveries so long as the default continues, and/or; to serve notice on the Customers that unless all sums due are paid forthwith it will cancel the relevant contract and any other contract with the Customer and if payment is not made forthwith thereafter the Company may treat the relevant contract and also at its option any other contract as repudiated and determined and recover damages accordingly, and/or; to recover from the Customer any cost or expenses incurred should a third party agency be used in the collection of any monies due from the Customer and/or; enter the Customer’s premises for the purpose of repossessing the Goods in respect of which title has not yet passed.
in case the Customer:
shall fail to make any payment under any Contract with the Company on the due date or shall be in breach of these Terms and Conditions or any other term of any Contract with the Company;
becomes insolvent; suffer the appointment of an administrator or an administrative receiver over any of its assets; go into liquidation whether compulsorily or voluntarily (except for the purposes of reconstruction or amalgamation); make any arrangement or composition with its creditors; become the subject of a bankruptcy order; cease, or threaten to cease to carry on business; or should the Company reasonably apprehend that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
The Company shall always use commercially reasonable efforts to deliver the services or goods within the delivery term. However, delivery dates communicated in or acknowledged by The Company are approximate dates. The Company shall not be liable or be in breach of its obligations, when delivery is made sooner or later than the communicated delay.
If the communicated delivery date is exceeded, the Customer is still obliged to take delivery of the goods or services, unless before delivery The Customer has put The Company in default, allowing The Company with a reasonable period of at least 30 days to execute the agreement, and such term has also expired. The Company may postpone any delivery in the case of production problems affecting the quantity of goods or the quality of goods produced. If such delay last longer than 3 (three) calendar months, either party may cancel the order. The Company is not liable for any losses, including lost profits or savings by the Customer. The Company is entitled to deliver the ordered products in consignments and to invoice the delivered products separately. The delivery of the products takes place at the location and time at which the products are ready for shipment to the Customer, irrespective of any agreement between The Company and the Customer regarding the transport and, if applicable, insurance.
The Customer is obliged to inspect the products on delivery to determine whether they conform to the agreement. If the packaging is missing or damaged, the Customer must open the packaging in the presence of the conveyor and inspect the goods for damage and the Customer must document any damage on the delivery note. If damage is identified that is the result of defective packaging, the Customer can refuse the product and return it to the conveyor. The Customer must provide written reasoned notification to the Company of any (transport) damage or other deficiencies as quickly as possible and certainly within five (5) working days of delivery, or after detection could reasonably be expected.
If the Customer in cases other that those referred to in the previous paragraph should refuse a delivery, the Company can charge the resulting costs to the Customer. In this case the Company is entitled to dissolve the agreement, without prejudice to their right to claim full compensation.
Ownership of the delivered products is transferred only after the Company has received in cash or cleared funds payment in full of the invoice together with any interest and/or delivery charges in addition to payment of all other outstanding sums.
The risks related to the products pass to the Customer at the moment of delivery (see art. 6.5).
Where the Customer is entitled to sell the Goods as the Company’s agent, the Customer shall be obliged to account to the Company immediately thereafter for such of the proceeds of sale as shall be sufficient to discharge the invoice.
Where the Goods are in the Customer’s possession, the Customer shall keep them separately from all other Goods in its possession in such a way that they are immediately identifiable as the Company’s property.
If the Customer fails to fulfil its obligations or if there is valid reason to fear that it will do so, the Company will have the right to take back goods delivered to which the retention of title or to arrange for them to be taken back from the Customer or from third parties that hold the goods on behalf of the Customer. At any time before payment in full of all sums due from the Customer to the Company, the Company may by notice in writing to the Customer, determine the Customer’s right to sell the Goods and if the Customer is in possession of the Goods the Customer shall thereupon return them to the Company free of charge and shall in any event cease to be in possession of them with its consent. The Customer will be required to fully cooperate on pain of a penalty of 10% per day of the amount payable by it. the Company will have the right either to retain such goods until the purchase price, including interest, costs and damages, has been paid in full, or to sell the goods to third parties, in which case the net proceeds will be deducted from the total amount payable by the Customer. In placing an order the Customer irrevocably authorizes the Company to enter upon its premises for the purposes of repossessing the Goods in respect of which title has not yet passed to the Customer.
If any attachment is levied by a third party upon the goods subject to retention of title, then the Customer shall inform the third party levying the attachment of the retention of title and notify the Company of this immediately.
the Customer undertakes to keep insured the goods subject to the retention of title against fire, explosion, or water damage, as well as against theft. On demand by the Company, the Customer shall provide a copy of the insurance policy, as well as ensure that the rights under the insurance policy covering the goods subject to the retention of title shall be transferred to the Company or that the Company is subrogated in these rights.
Complaints and returns:
Minor changes can occur in shape or color depending on the material the good is made of or design of the good. Depending on the materials used for its manufacture, the original goods may change in the course of time, due to environmental influences (UV – light and other for lacquered goods, colors, fabrics and other). The Company is constantly searching to improve its goods. Goods delivered may therefore technically differ from goods ordered.
If the goods delivered are not, in the opinion of the Customer, in accordance with the goods ordered or not all goods have been delivered, the Customer shall immediately notify the Company by e-mail and in any event not later than the fifth day following the delivery date. the Company is not obliged to deal with complaints that have been received beyond this term. Any complaint filed by the Customer must be specified as detailed as possible with a digital photo annexed to the e-mail.
If the complaint, according to the Company, is justified, then the Company has the choice: (i) to replace the defect or missing goods, or (ii) to credit the Customer the purchase price.
Goods will not be accepted back for credit unless written approval has been obtained from the Company.
A 20% handling charge subject to a minimum of €50.00 may be levied by the Company on all fault free Goods returned at the Customer’s request. Any such Goods should be returned carriage paid and must be in current original undamaged packaging.
Defect goods may only be returned to the Company at the Company’s expense after the Company has given its prior written approval or the Company requested to return the defect goods. If Goods are returned without the authorization by the Company in writing, the reimbursement of any carriage charges, if appropriate, will be limited to the amount that the Company would have incurred had the Company been given the opportunity to arrange their own collection.
Where no fault has been found with the Goods the Company will be entitled to levy an additional €50.00 handling charge.
If the goods have not been received within 7 (seven) working days, Customer is supposed to keep the goods and to have withdrawn its complaint.
In case of replacement of defective goods or goods taken back, the extra costs for mounting, dismounting or re-installation, change of technical installations and other costs are fully at the Customer’s charges.
The Company guarantees that under normal use and in accordance with the user – or installation instructions and taking into account the product specification the goods shall at the time of the delivery to Customer and for a period of 36 months from the date of delivery, be free from defects in material or workmanship and shall be conform to the product specifications.
The guarantee under 9.1 is considered void if the alleged defect is found to have occurred as a result of environmental of testing circumstances, misuse, use other than normal use in respect to the specific good, neglect, improper installation, accident, improper storage, or repairs or modifications made without the prior written express consent of the Company. All of the Goods incorporating electronic components are protected against damage which may result from transient voltages on the mains supply. The level of protection incorporated is generally in excess of the
minimum level specified in the current international standards. It is the installer’s responsibility to ensure that electronic equipment is not subjected to transients above the international immunity standards. The Company does not take responsibility for damage to any Goods caused by excessive mains transients.
In a situation in accordance of articles 9.1 and 9.2, the Company can at its entire discretion either replace or repair any of the Goods which within the guarantee period are shown to its satisfaction to be defective through faulty material or workmanship alone, again, provided that no attempt has been made by the Customer or a third party to rectify, dismantle or alter the Goods in any way and the faulty unit is returned to the Company.
The Company shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the good(s) or the use of these whether or not any claim is based on tort, warranty, contract or any other legal possibility, even in the circumstances that The Company has been advised of any risks.
The Company’s total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform this Contract shall be limited to the contract price. If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company for any reason should be liable to the Customer, the Company’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company’s sole discretion refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer. The Company is only obliged to replace and offer the replaced Goods at the office of the Company.
The Company declines any liability for damages as a result of the use of services rendered by The Company. The Company liability shall at all times be limited to the maximum amount covered by the Company’s insurance for the type of damages. Any time or date given for delivery or performance is given as an estimate only and is not the essence of the contract, and the Company shall not be liable for any loss or damage howsoever arising as a result of failure to deliver or perform at such time or date.
The Company shall not be liable to the Customer or be deemed to be in breach of the Contract, by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
The Company will supply the Customer with an instruction leaflet with details of the correct method for installation. The Company will not be liable for any loss arising out of the incorrect installation. The Company must be given the opportunity to inspect an installation before any suspected faulty product is removed from the position where it has been installed.
Without prejudice to other rights to which they are entitled, in the case of force majeure, the Company has the right, if they so desire, to suspend the execution of the order or dissolve the agreement without judicial intervention, by notifying the Customer in writing and without the Company being liable for any compensation.
If the force majeure lasts longer than 3 (three) calendar months, then either party is entitled to terminate the agreement without any liability to compensate the other party.
Force majeure is understood to mean every shortcoming that cannot be attributed to the Company, because no blame for the shortcoming is attributable to them and pursuant to the law, legal act or generally accepted practice they are not responsible for the shortcoming. ‘Force majeure’ includes, in addition to the definition by law, import and export bans or controls by, or due to, any government or power, the failure of suppliers or service providers of the Company to deliver on time or at all, suspension of work by, or a high amount of sick leave amongst, the employees of the Company or its suppliers.
the Company is also entitled to rely on force majeure if the situation of force majeure begins after the Company should have fulfilled its obligations.
To the extent that the Company had already fulfilled, or will still fulfill, part of their commitments ensuing from the agreement at the time of the force majeure, the Company is entitled to invoice the part that has been or will be fulfilled. In this case, the Customer is obliged to pay this invoice as though it were a separate agreement.
Risk in the Goods shall pass to the Customer either at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
The Customer shall insure those Goods against all loss or damage to the full purchase price for the period from the date of delivery until the passing of title in the Goods to the Customer.
The proceeds of any insurance claim or the right to receive the same shall be held by Customer on trust for the Company and paid to it in settlement of the outstanding invoice.
The Company retains the rights and powers it accrues on the basis of intellectual and industrial legislation and regulations relating to all the goods or services it supplies.
All Goods (including codes and names), designs, drawings, images, photographs and descriptions may not be reproduced whatsoever without the prior written consent of the Company. The Customer may not have goods supplied by the Company copied elsewhere, or manufacture imitations thereof that differ in only minor details from the goods supplied, or become directly or indirectly involved in this.
Copyright or any other intellectual property right on sketches, designs or models in whatever phase of elaboration these are and have been delivered to or shown to the Customer, remain the full property of the Company and may not be used otherwise than agreed in writing and solely for that specific purpose. Any permitted use does not mean that intellectual property rights have been transferred.
Without a prior written permission by the Company, the Customer is not allowed to copy pictures, designs, brochures, DVD’s and other material or to use the information on its internet site. Permission by the Company does not affect the rights of the author of the information provided.
These Conditions and all rights, obligations, offers, orders and agreements to which these Conditions are applicable, are governed exclusively by Dutch law.
All disputes between the parties will be referred exclusively to the competent judge in the Netherlands. The above also applies if all or some of the goods are delivered to a foreign country and/or the Customer is located or resides in a foreign country, unless other obligatory provisions ensue from Dutch law.
If one or more of the provisions in these Conditions or any other agreement with the Company, should be in conflict with any applicable statutory regulations, the part of that applicable provision will become ineffective, and the Company will replace it by a new comparable provision that is acceptable in law.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The UN Convention on the International Sale of Goods is applicable.