Coldmethod

Terms and conditions

Terms and conditions E-mark Commerce Haarlem (The Netherlands). E-mark Commerce B.V. is registered with the Chambers of Commerce in Haarlem, registration number 50731793.

 

Overview

  1. Article 1. Applicability
  2. Article 2. Offers and agreements
  3. Article 3. Prices and Payments
  4. Article 4. Delivery / Delivery time
  5. Article 5. Transfer of ownership
  6. Article 6. Intellectual and industrial property rights
  7. Article 7. Cooling-off period
  8. Article 8. Orders/communication
  9. Article 9. Privacy
  10. Article 10. Circumstances beyond our control
  11. Article 11. Risks
  12. Article 12. Warranty
  13. Article 13. Complaints
  14. Article 14. Merchandisingdirect.com customer service
  15. Article 15. Miscellaneous
  16. Article 16. Applicable law and court



1. Applicability

  • 1.1 The terms and conditions (hereafter called: conditions) are applicable on all offers, orders and agreements from E-mark Commerce.
  • 1.2 Accepting an offer or placing an order implies that you accept the applicability of these conditions.
  • 1.3 Deviations from these conditions are only respected when E-mark Commerce has agreed upon these deviations in writing.
  • 1.4 All other terms of these conditions will remain effective should one or more of the terms be nullified and/or be made invalid. By mutual arrangement, E-mark Commerce and the client will then form new terms to replace those nullified and/or made invalid, as much as possible following the implied purpose of the term(s) in question.
  • 1.5 These conditions respect consumer rights as stipulated by law (or from the sales agreement).
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2. Offers and agreements

  • 2.1 All offers on the Cold Method store are noncommittal and E-mark Commerce reserves the right to modify prices, especially when necessary because of legal constraints. All offers are on a basis of availability.
  • 2.2 An agreement is only made after the acceptance of your order by E-mark Commerce, after the order form on the Cold Method online store has been filled out correctly. An agreement is in place when E-mark Commerce sends a confirmation of the order to the buyer.
  • 2.3 E-mark Commerce is entitled to refuse orders, or impose certain conditions to them, unless expressly stated otherwise.
  • 2.4 E-mark Commerce will notify a buyer within ten (10) days after receipt of the order should that order be refused.
  • 2.5 E-mark Commerce is not obliged to deliver products that are out of stock when orders for the product are made until the product has been produced and is in stock.
  • 2.6 The buyer and E-mark Commerce expressly agree that a valid agreement is in place through electronic communication, once these conditions have been followed and the order procedure has been completed.
  • 2.7 The following information will be stated in the order confirmation:
    • A description of the product the customer has purchased, the product number, size, colour and quantity of the product purchased.
    • Price of the product in Euros.
    • Shipment and handling fees that result from the agreement E-mark Commerce has made with the customer.
    • Customer details, such as name, invoice or delivery address, e-mail address and customer phone or fax number.
    • The order number of the agreement.
    • The e-mail address of E-mark Commerce the customer should use for questions regarding the order.
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3. Prices and Payments

  • 3.1 All quoted prices are in Euros, include VAT and exclude shipment and handling fees, other taxes and charges, unless specified otherwise or agreed upon in writing. All prices are subject to change.
  • 3.2 Payment without discounts or compensation is due within fourteen (14) days after the invoice date, unless otherwise agreed upon in writing.
  • 3.3 Reimbursement: If you have already made the payment when the agreement with E-mark Commerce is cancelled in accordance with the cooling-off conditions (referring to ‘terms and conditions’), E-mark Commerce will reimburse the customer for the payments already received within 14 days after receipt of the returned product.
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4. Delivery / Delivery time

  • 4.1 The delivery time of any product may be up to 30 days or as much shorter as possible. All delivery times specified by E-mark Commerce are of an indicative nature only.
  • 4.2 Exceeding the delivery time does not give any rights for compensation by E-mark Commerce or order cancellation.
  • 4.3 When the customer has already made payments as per the agreement that will be annulled in accordance with article 4.2, E-mark Commerce will return the sum already paid within 14 business days after receipt of the annulment specified in article 4.2.
  • 4.4 Delivery of the products will take place on the location and time when the products are ready to be delivered to the customer.
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5. Transfer of ownership

  • 5.1 The ownership of the products delivered will only be transferred when all outstanding invoices from E-mark Commerce have been fulfilled. All responsibility for the products will be transferred to the customer at the moment of delivery.
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6. Intellectual and industrial property rights

  • 6.1 All rights of intellectual property on the products delivered to the customer, and subjects in relation with the online Cold Method store are the property of Cold Method, E-mark Commerce and/or her suppliers. The intellectual property includes patents, authors, brands, drawings, model rights and/or other intellectual property.
  • 6.2 E-mark Commerce does not guarantee that any of the products delivered do not infringe any (unwritten) intellectual or industrial property rights of third parties.
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7. Cooling-off period

  • 7.1 The customer is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported as soon as possible.
  • 7.2 After receipt of the order, the customer is entitled to annul the agreement with E-mark Commerce within seven (7) business days of receipt. There is no obligation to specify a reason for doing so. The customer will need to inform E-mark Commerce in writing (via fax, mail, or e-mail) should he or she wish to annul the agreement in accordance with article 7.1 of these conditions, After consulting E-mark Commerce, the customer should return the product to the address specified by E-mark Commerce. The customer will be responsible for shipment costs and any risks during transport. E-mark Commerce can, in consultation, in some cases make an exception.
  • 7.3 E-mark Commerce reserves the right to refuse returned products or to only reimburse a part of the total amount when it is suspected that the product has been opened, used, or damaged by fault of the customer (not by fault of E-mark Commerce or the supplier of the product).
  • 7.4 E-mark Commerce will inform the customer in writing (by fax, mail, or e-mail) when returned products are damaged because of negligence of the customer or other factors that are at the customer's risk. E-mark Commerce may charge the customer for the depreciation of the product by deducting it from the amount to be reimbursed.
  • 7.5 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are only valid for a period of three months after receipt by the customer.
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8. Orders / communication

  • 8.1 E-mark Commerce will not be held responsible in case of misunderstandings, damages, delays or inadequate communication of orders and announcements as a result of using the Internet or any other means of communication between the customer and E-mark Commerce, or between E-mark Commerce and third parties, concerning the relation between the customer and E-mark Commerce.
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9. Privacy

  • 9.1 Details provided by the customer will be held on file by E-mark Commerce. Your details will be used to process your order and may be put at the disposal of third parties should this be necessary. Our records are registered with the council for the protection of personal details (the current registration chamber).
  • 9.2 Unless the customer has indicated not to appreciate this, this information will be entered into our database. Your details will be processed in accordance with the laws and regulations that apply.
  • 9.3 Customer credit card data - like the card number and expiry date - will never be stored in any file by Merchandisingdirect.com.
  • 9.4 Customers may have access to their personal data in E-mark Commerce's database should they request this. The customer has the right to ask for modifications of those details when they are incorrect.
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10. Circumstances beyond our control

  • 10.1 Without affecting her other rights, E-mark Commerce has the right to suspend or cancel your order without judicial intervention in circumstances that are beyond our control. We will inform you about this in writing. E-mark Commerce cannot be held liable for compensation in any way unless the circumstances dictate a certain degree of liability in fairness and reasonability.
  • 10.2 Circumstances beyond our control are circumstances in which a fault cannot be attributed to E-mark Commerce as we hold no blame according to law, legal act, or common regulations in traffic.
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11. Risks

  • 11.1 Risks during transport of the products ordered by the customer are the responsibility of E-mark Commerce. At the moment of delivery, or the moment that is in all reasonability regarded as delivery, the responsibility for the product is transferred into the care of the customer, not withstanding legal obligations that cannot be excluded by E-mark Commerce.
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12. Warranty

  • 12.1 When indicated with the product on the website, E-mark Commerce provides a warranty. This warranty does not affect your consumer rights as stipulated by law.
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13. Complaints

  • 13.1 All complaints relating to delivery, quality, and any other complaints will be taken seriously by E-mark Commerce.
  • 13.2 Customers should make any complaints known to E-mark Commerce within seven (7) business days.
  • 13.3 E-mark Commerce will try to resolve the complaint within ten (10) business days. E-mark Commerce will inform the customer about this in writing (by e-mail).
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14. Customer service

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15. Miscellaneous

  • 15.1 When you inform E-mark Commerce in writing of a delivery address, E-mark Commerce will be justified to deliver all orders to that address, unless you inform E-mark Commerce in writing that your orders should be sent to a different address.
  • 15.2 Should E-mark Commerce for a duration of time deviate from these conditions in any way, it will form no legal impediment for E-mark Commerce to demand strict compliance to those conditions at a later time. You will never acquire any rights based on leniency in applying the conditions by E-mark Commerce.
  • 15.3 In the event that one or more of these conditions or any other agreement with E-mark Commerce is in conflict with the law, the condition in question will be made invalid to be replaced by a new condition serving the same purpose but in agreement with the law.
  • 15.4 E-mark Commerce may use third parties to fulfill your order(s).
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16. Applicable law and court

    16.1 On all rights, obligations, offers, orders, and agreements these conditions apply to, as to these conditions themselves, only the Dutch law applies. 16.2 All disputes between parties will only be brought before a Dutch court presided by a judge qualified by the Netherlands.

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