TERMS AND CONDITIONS

1.1. These conditions apply to all offers and agreements for the purchase/sale of goods and/or orders from COZY WEAR
1.2. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they were made.
1.3. The rights and obligations under agreements between COZY WEAR and the other party cannot be transferred by the other party to third parties, unless with written permission from COZY WEAR
1.4. Different general terms and conditions, including those of the other party, will be accepted COZY WEAR not accepted, unless otherwise agreed in writing and by COZY WEAR is confirmed.

ARTICLE 2. OFFERS

2.1. All offers are without obligation and are valid while supplies last. An offer that contains a term can be accepted COZY WEAR may nevertheless be revoked, even after receipt of the order, provided that this is done within 5 working days of receipt of that order.
2.2. Quantities, weights, sizes, prices, etc. stated in price lists or on the internet (website), quotations and other documents are for information purposes only. Although the most important characteristics of products are shown as accurately as possible, they have the nature of an approximate indication and binding COZY WEAR not.

ARTICLE 3. AGREEMENTS

3.1. An agreement is only deemed to have been legally concluded after COZY WEAR has confirmed the order in writing or has started executing the order. The content of the agreement is determined by the quotation and/or order confirmation COZY WEAR and these general terms and conditions.
3.2. If - after the order has been placed - an additional order is submitted, the originally agreed delivery time will be cancelled.
3.3. Counterparty and COZY WEAR expressly agree that a valid agreement is concluded by using electronic forms of communication as soon as the conditions stated in Articles 3.1 and 3.2 have been met. In particular, the absence of a signature does not detract from the binding force of the offer and its acceptance.
3.4. There is no order minimum, all orders above €50 are shipped free of charge. Below €50 we charge a contribution towards shipping costs.

ARTICLE 4. PRICES

4.1. All quotations and prices that COZY WEAR are shown 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 otherwise stated.
4.3. If, after the conclusion of the agreement, the prices of materials, taxes and/or other factors that partly 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 receipt of the relevant notification. A dissolution as mentioned above does not entitle the other party to compensation for any damage.

ARTICLE 5. PAYMENT

5.1. Orders placed via the website can be paid using the payment options stated on the site. When paying using a credit card or electronic payment method issued by a third party, the terms and conditions of the relevant card issuer or bank apply. Payments by invoice, if expressly agreed, will be made within 14 days after the invoice date.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired, without notice of default being required, regardless of whether or not the exceeding thereof can be attributed to the other party.
5.3. Without prejudice to its further rights, COZY WEAR will then be entitled to charge interest on the outstanding amount of 1.5% per month or part of a month, to be calculated from the relevant due date.
5.4. All by COZY WEAR extrajudicial and judicial costs incurred in the context of a dispute with the other party, both claimant and defendant, will be borne by the other party.
5.5. Incoming payments serve to settle the oldest outstanding items, including interest and costs, even if the other party declares otherwise in this regard.

ARTICLE 6. COOLING-OFF PERIOD, CANCELLATION AND RETURNS

6.1. The other party is entitled to a cooling-off period of 30 days after delivery of the product if the other party is a consumer and provided that the packaging is not broken. This right also lapses if the products have been put into use. Companies are excluded from this right under the Buying or Distance Act 2001. The other party (consumer) may return a product within the aforementioned period of 30 days.
6.1A. If you would like to make use of the return option, please contact info@cozy-wear.shop, mention the order number in the subject of the email and indicate the reason for the return. Depending on the reason for the return, you can return the package with sufficient postage 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. (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 other party has made use of the right of withdrawal as stated in the previous paragraph and the product is unused and in the original packaging with any supplied accessories without any damage due to use. COZY WEAR is offered, then wears COZY WEAR will provide reimbursement to the other party within 30 days of receipt.
6.4. In case of cancellation by companies, all are through COZY WEAR costs incurred in connection with the order or assignment as well as the lost profit are immediately due and payable, with a minimum of 10% of the principal sum, all to be increased as necessary by any costs incurred by COZY WEAR damage suffered as a result of the cancellation.
6.5. If the total value of the order after the return is less than €50 COZY WEAR is authorized to calculate the shipping costs. 

ARTICLE 7. DELIVERY TIME, DELIVERY, RISK

7.1. In principle, aims COZY WEAR strives to ship orders placed before 10:00 PM on a working day within 14 days. The delivery period stated or agreed in the offer and/or order confirmation is not a strict deadline and is only approximate, even if it has been expressly accepted by the other party.
7.2. In the event that the other party is not found 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 collected at the post office.
7.3. Different conditions may apply to deliveries abroad.
7.4. The stated 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 the execution, regardless of whether this COZY WEAR can be attributed;
– other party in one or more obligations towards COZY WEAR fails or there is a well-founded fear that he will fail to do so, regardless of whether the reasons for this are well-founded or not;
counterparty COZY WEAR is unable to execute 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 provide the COZY WEAR to receive and inspect purchased goods (see warranty). If these goods are refused by the other party or delivery proves impossible, the goods will be transferred COZY WEAR stored, at the expense and risk of the other party. The costs for storage are borne by the other party. COZY WEAR will fulfill the claim, but reserves the right to terminate the agreement without legal intervention, without prejudice to the right of COZY WEAR on compensation.

ARTICLE 8. EXECUTION OF THE AGREEMENT

8.1. COZY WEAR will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
8.2. COZY WEAR is entitled, without the consent of the other party, to outsource the order or parts thereof to or to have it carried out by third parties who are not employed by COZY WEAR.

8.3. The Other Party shall ensure that all data, including: COZY WEAR indicates that these are necessary or that the other party should reasonably understand are necessary for the execution of the agreement, in a timely manner COZY WEAR are provided. If the information required for the execution of the agreement is not provided in a timely manner COZY WEAR has been provided COZY WEAR has the right to suspend the execution of the agreement.

 

ARTICLE 9. WARRANTY/COMPLAINT

9.1. COZY WEAR guarantees that all items are suitable and legally permissible for the purpose for which they are intended and that they conform to the agreed specifications.
9.2. With due observance of what is stated elsewhere in these conditions, COZY WEAR guarantees the reliability and quality of the products it supplies. If a product is unusable due to damage during shipping, or does not correspond to what was ordered, the other party has the option to return this product.
9.3. The guarantees regarding the delivered goods lie with the manufacturer of the goods in question.
9.4. The other party is obliged to read the information and advice from the manufacturer accompanying the products before using the delivered products.
9.5. Claims are not possible if:
– the delivered goods exhibit one or more imperfections or deviations that fall within a reasonable tolerance;
– the goods have been used for a purpose other than that for which they are normally intended or at the discretion of COZY WEAR has been used, stored or transported improperly,
– 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) has complied.
9.6. If the other party submits a written complaint within 5 days of receipt, taking into account the provisions of the relevant agreement and these general terms and conditions, and its complaint is if COZY WEAR is found to be grounded, COZY WEAR may, at its option, 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. Processing a complaint does not suspend the other party's payment obligation.
9.8. If attention is paid to a complaint outside the cases described above, this is entirely optional and the other party cannot derive any rights from this.

ARTICLE 10. INSPECTION

The items are being prepared for delivery by COZY WEAR checked. The other party has the right, at its own expense, to inspect the goods at time and place before delivery COZY WEAR established.

ARTICLE 11. NON-PERFORMANCE/TERMINATION/SUSPENSION

11.1. COZY WEAR is entitled to dissolve the agreement in whole or in part with immediate effect, without judicial intervention, or to suspend execution, without prejudice to its other rights (to performance and/or compensation), if:
– the other party acts contrary to any provision of the agreement between the parties;
– the other party dies, applies for a suspension of payments or files a declaration of bankruptcy or the other party is declared bankrupt;
– any assets of the other party are seized;
11.2. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after having been invited in writing, does not, in the opinion of COZY WEAR has provided assurance.

ARTICLE 12. RESERVATION OF OWNERSHIP

12.1. Delivery cash on delivery / post-payment 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 arising as a result of any shortcoming in the fulfillment of its obligation(s) towards the other party. Compliance with the obligations under warranty/complaints as described in Article 9 above applies as sole and complete compensation. Any other claim for compensation, on whatever grounds, is excluded, unless there is intent or gross negligence on the part of COZY WEAR or managerial subordinates.
13.2. COZY WEAR is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of 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 other party must to always give COZY WEAR the opportunity to settle a complaint, otherwise liability and therefore compensation will lapse.

ARTICLE 14. FORCE MAJEURE

14.1. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of COZY WEAR, whether or not foreseeable at the time of entering into the agreement, as a result of which fulfillment is not reasonably 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 delays, shortcomings of third parties caused by COZY WEAR has been 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 terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. The other party remains obliged to pay for the part of the agreement that has already been executed.

ARTICLE 15. PERSONAL DATA

COZY WEAR will only process all data and information from the other party in accordance with its privacy policy.

ARTICLE 16. PARTIAL NULLITY

If one or more provisions of this agreement with the other party are not or not fully legally valid, the other provisions will remain fully in force. The invalid provisions will be replaced by an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result they seek in a legally effective manner.

ARTICLE 17. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT

17.1. The location of COZY WEAR is the place where the other party fulfills its obligations towards COZY WEAR must comply, unless mandatory provisions dictate otherwise.
17.2. To all offers and agreements from COZY WEAR is exclusively governed by Dutch law.
17.3. All disputes that arise as a result of the relationship between the other party and COZY WEAR concluded agreement or any further agreements that may result therefrom will be settled by the competent court.

ARTICLE 18. REVIEWS

We highly appreciate posting a review. However, you must be logged in before you can post a review. Our team will then first assess your review. Your review will be deleted at:

• Inadequate content, for example one-word reviews.
• CAPITALIZED sentences or other distractions.
• Indication of contact information such as telephone numbers, addresses and URLs.
• Indication of volatile information such as prices and current events.
• Use of a language other than Dutch, German or English.
• Mention of other (online) stores.
• Use of offensive language.
• Demonstrable plagiarism.
• No demonstrable customer who actually purchased the product
• Medical claims mentions