Terms & Conditions
Terms & Conditions
Article 1 - Applicability
1.1 These terms and conditions apply to all offers from Cotton Elements and to all agreements entered into with Cotton Elements.
1.2 In addition to these terms and conditions, if explicitly indicated, additional terms and conditions may apply to certain services and/or products.
1.3 These general terms and conditions can only be deviated from if this has been explicitly agreed in writing and in which case the other provisions of these terms and conditions will remain in full force.
1.4 If the buyer also refers to his general terms and conditions, those terms and conditions do not apply unless explicitly agreed in writing by Cotton Elements.
1.5 The "buyer" refers to any website visitor or natural or legal person who is or will be in a contractual relationship of any kind with Cotton Elements.
1.6 Cotton Elements reserves the right to adjust these conditions to the legal standards of The Netherlands.
1.7 By using the website of Cotton Elements and/or placing an order, the buyer accepts these terms and conditions as well as all other rights and obligations as stated on the website.
Article 2 - Offers and formation agreements
2.1 Offers are valid while stocks last
2.2 A personal offer has a validity period of 2 weeks unless a different period is stated in the offer.
2.3 An agreement is concluded the moment an order confirmation is handed over to the buyer by email or by post to the e-mail address or main address specified by the buyer.
2.4 The buyer and Cotton Elements explicitly agree that by making use of electronic forms of communication, a valid agreement is established as soon as the conditions in article 2.3 are met. In particular, the lack of an ordinary signature does not affect the binding force of the offer and the acceptance thereof. The electronic files of Cotton Elements will, insofar as the law permits, count as a presumption of proof.
2.5 Information, images, announcements provided verbally, by telephone or by email, and statements of applicability with regard to all offers and the most important characteristics of the products are given or reproduced as accurately as possible. However, Cotton Elements does not guarantee that all products are fully in accordance with the given information or applicability. Deviations cannot, in principle, lead to compensation and/or dissolution.
Article 3 - Prices
3.1 All prices are expressed in euros, in accordance with the relevant legal provisions, and include VAT.
3.2 The buyer owes the price that Cotton Elements has communicated to it in its confirmation in accordance with article 2 of these conditions. Apparent (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Cotton Elements after the conclusion of the agreement.
3.3 Delivery costs are not included in the price.
Article 4 - Payment
4.1 Orders placed via the internet site can be paid with several renowned payment providers (e.g. iDEAL, Mastercard, VISA and PayPal).
4.2 In the event that a payment term has been agreed by Cotton Elements, the buyer will be in default by the mere expiry of this term.
4.3 Payment terms can only be agreed in writing under conditions to be set and agreed upon.
4.4 The purchaser will also be responsible for all (extra) judicial costs of any nature whatsoever that Cotton Elements had to incur as a result of the purchaser's noncompliance with his (payment) obligations.
4.5 In the event of a failed payment, Cotton Elements is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the buyer has fully complied with the payment obligations, including the payment of interest and costs.
Article 5 – Delivery
5.1 Orders are delivered as quickly as possible. In principle Cotton Elements strives to ship orders within 13 business days. Said delivery time only serves as an indication and never counts as a strict deadline. Cotton Elements may state further information regarding delivery times on the website or otherwise make it known in writing. Such information is only of an indicative nature. The maximum delivery time will be 30 days unless otherwise agreed. If this delivery time is not feasible, we will inform you of this by telephone or e-mail. You then have the right to terminate the agreement. Amounts already paid will be credited as soon as possible, but within 30 days.
5.2 If a product that is temporarily out of stock is ordered by the buyer, it will be indicated when the product will be available again. Delays will be reported to the buyer by email or telephone.
5.3 Deliveries take place at the address specified by the buyer during the conclusion of the agreement.
5.4 The risk of loss or damage to the product that is the subject of the agreement is transferred to the customer at the moment that they are legally and/or actually delivered to the customer and thus under the control of the customer or of a customer to be designated by the customer.
5.5 For deliveries outside of The Netherlands, different conditions may apply.
Article 6 - Exchange and right of withdrawal
6.1 The buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt. Agreements with consumer buyers where electronic communication has only been used, the consumer buyer has the right to exercise a right of withdrawal without penalty and without giving reasons within 14 days after delivery of the product in question.
From this right of withdrawal are excluded products that:
- have been used, worn or washed;
- when the buyer removed the labels and/or hangtags;
- have been established in accordance with the buyer's specifications;
- cannot be returned due to their nature;
- can spil or age quickly;
- when the buyer has broken their seal;
6.2 If the buyer has made use of the right of withdrawal as stated in the previous paragraph, then Cotton Elements will arrange for a refund within 15 working days.
Article 7 - Retention of title
7.1 After full payment, the product is the property of the customer.
Article 8 - Warranty and liability
8.1 Cotton Elements guarantees that the goods to be delivered meet the usual requirements and standards that can be set and are free of any defects.
8.2 The proof of purchase serves as proof with regard to the guarantee.
8.3 Cotton Elements is never obliged to pay any compensation to the buyer or others unless there is intent or gross negligence on the part of Cotton Elements. Cotton Elements is never liable for consequential or commercial damage, indirect damage and loss of turnover.
8.5 If Cotton Elements, for whatever reason, is obliged to compensate for any damage, then the compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
8.6 Without prejudice to the provisions of this article, there can be no question of warranty if wear can be considered normal and further in the following cases:
- if changes have been made to the product, including repairs that have not been carried out with the permission of Cotton Elements or the manufacturer;
- if the original invoice cannot be submitted, has been changed or has been made illegible;
- if defects that are the result of improper use;
- if damage is caused by intent or gross negligence;
8.7 The buyer is obliged to indemnify Cotton Elements against any claim that third parties may make against Cotton Elements regarding the agreement, insofar as the law does not prevent the buyer from having to bear the damage and costs involved. The buyer is obliged to return the product to Cotton Elements in order to ensure a proper assessment and settlement of the warranty claim. If a complaint is declared justified, Cotton Elements undertakes to deliver an equivalent product unless otherwise agreed.
8.8 In addition to these warranty provisions, legal warranty provisions remain in force. Any scheme offered by the company as a guarantee does not affect the rights that the consumer can assert against the company on the basis of the law and the distance agreement. Any guarantee granted by the manufacturer or importer does not affect the rights that the consumer can assert against the company on the basis of the law, the distance agreement and the guarantee granted by the company.
Article 9 - Force majeure
9.1 In the event of force majeure, Cotton Elements is not obliged to fulfil its obligations towards the buyer, or the obligation is suspended for the duration of the force majeure.
9.2 Force majeure is understood to mean any circumstance that is independent of its will, as a result of which the fulfilment of its obligations towards the Buyer is wholly or partially prevented. These circumstances include strikes, fire, operational disruptions, energy disruptions, non-delivery or late delivery by suppliers or other engaged third parties. Force majeure is also understood to mean malfunctions in a (telecommunications) network or connection or used communication systems and/or the website being unavailable at any time.
Article 10 - Intellectual ownership
10.1 The buyer explicitly acknowledges that all intellectual property rights of displayed information, announcements or other expressions with regard to the products and/or with regard to the website rest with Cotton Elements other entitled parties.
Article 11 - Personal data
Article 12 - Applicable law and competent court
12.1 Only Dutch law applies to all offers and agreements.
Article 13 – Links and redirects
Article 14 - Your rights
14.1 You can always ask Cotton Elements which data about you is being processed. You can send an email for this to firstname.lastname@example.org. You can also ask Cotton Elements by e-mail to make improvements, additions, or other corrections, which Cotton Elements will process as soon as possible. If you no longer wish to receive information, you can inform Cotton Elements of this. Sending information is only possible if you have provided your e-mail address.