Terms and Conditions

Article 1: Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the Entrepreneur;
3. Distance contract: an agreement concluded within the framework of a system organized by the Entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusively one or more means of distance communication are used;
4. Means of distance communication: any means that can be used to conclude an agreement without the Consumer and the Entrepreneur being simultaneously present in the same space;
5. Reflection period: the period within which the Consumer can exercise their right of withdrawal;
6. Right of withdrawal: the option for the Consumer to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;
9. Durable data carrier: any means that enables the Consumer or Entrepreneur to store information addressed personally to them in a way that permits future consultation and unchanged reproduction of the stored information.

Article 2: Identity of the Entrepreneur
Business address – showroom, office and warehouse:
Damsco Group B.V.
Nobelstraat 19
7131 PZ – Lichtenvoorde
The Netherlands

Email address: mail@cookandpan.com
Chamber of Commerce (KvK) number: 93675631
VAT identification number: NL866489666B01

Article 3: Scope
1. These general terms and conditions apply to every offer of the Entrepreneur and to every distance contract concluded between the Entrepreneur and the Consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Consumer. If this is not reasonably possible, the Entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the Entrepreneur’s premises and that they will be sent free of charge as soon as possible at the Consumer’s request.
3. If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be provided to the Consumer electronically in such a way that the Consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the Consumer’s request. The Consumer must first request the terms from the Entrepreneur; once received, the purchase can be concluded.
4. If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis, and the Consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4: The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
3. Each offer contains information that makes it clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:
 • the price including taxes;
 • any delivery costs;
 • the manner in which the agreement will be concluded and which actions are necessary for that purpose;
 • whether or not the right of withdrawal applies;
 • the method of payment, delivery or performance of the agreement;
 • the period for accepting the offer, or the period within which the price is guaranteed;
 • the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the basic rate;
 • if the agreement is archived after its conclusion, the way in which it can be consulted by the Consumer;
 • the way in which the Consumer can, before concluding the agreement, check and, if desired, rectify the data provided by them under the agreement;
 • any languages in which, in addition to Dutch, the agreement can be concluded; the Entrepreneur cannot be held liable for typographical errors or inaccuracies in the product text or on the Entrepreneur’s website;
 • the codes of conduct to which the Entrepreneur has submitted and the manner in which the Consumer can consult these codes of conduct electronically;
 • the minimum duration of the distance contract in the event of an agreement that involves continuous or periodic delivery of products or services.

Article 5: The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the Consumer accepts the offer and meets the conditions set out therein.
2. If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.
4. The Entrepreneur may—within the limits of the law—gather information about whether the Consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the Entrepreneur has good grounds not to conclude the agreement, the Entrepreneur is entitled to refuse an order or request or to attach special conditions to its execution.

Article 6: Right of Withdrawal
For products
1. The Consumer may dissolve a contract relating to the purchase of a product within a reflection period of 14 days without giving reasons. The Entrepreneur may ask the Consumer about the reason for withdrawal but may not require it.
2. The reflection period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or:
a) if the Consumer ordered multiple products in the same order: the day on which the Consumer or a third party designated by them received the last product. The Entrepreneur may, provided they have clearly informed the Consumer prior to the ordering process, refuse an order of multiple products with different delivery times;
b) if the delivery of a product consists of several shipments or parts: the day on which the Consumer or a third party designated by them received the last shipment or part;
c) in contracts for regular delivery of products during a specified period: the day on which the Consumer or a third party designated by them received the first product.

For services and digital content not supplied on a tangible medium
3. The Consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving reasons. The Entrepreneur may ask for the reason for withdrawal but may not oblige the Consumer to state it.
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period if not informed about the right of withdrawal
5. If the Entrepreneur has not provided the Consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period expires 12 months after the end of the original reflection period determined in accordance with the previous paragraphs.
6. If the Entrepreneur provides the Consumer with the information referred to in the previous paragraph within 12 months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the Consumer receives that information.

Article 7: Obligations of the Consumer during the Reflection Period
1. During the reflection period, the Consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle is that the Consumer may only handle and inspect the product as they would be allowed to do in a shop. The Consumer must not use or damage the item—this also applies to the original packaging.
2. The Consumer is liable for any reduction in value of the product resulting from handling the product beyond what is permitted in paragraph 1, or if the Consumer returns the package incorrectly. The Consumer can consult the “Shipping and Returns” section on the Entrepreneur’s website for guidance. If additional information is required, the Consumer may request it electronically; in that case the Consumer may only return the item after the Entrepreneur has responded (within 3 days) and provided advice.
3. The Consumer is liable for damage during return shipment unless prior communication and approval for the return has been provided by the Entrepreneur or if the Consumer can prove that the damage was not caused by them.

Article 8: Exercising the Right of Withdrawal and Costs
1. If the Consumer exercises their right of withdrawal, they shall notify the Entrepreneur within the reflection period by means of the model withdrawal form or by another unequivocal statement.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) the Entrepreneur. This is not necessary if the Entrepreneur has offered to collect the product. The Consumer has observed the return period if they return the product before the reflection period has expired.
3. The Consumer shall send the product with all supplied accessories, in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur (available on the Entrepreneur’s website).
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. The Entrepreneur recommends that the Consumer take photos of the product and its packaging before returning.
5. The Consumer bears the direct costs of returning the product. If the Entrepreneur has not stated that the Consumer has to bear these costs, or if the Entrepreneur indicates that it will bear the costs itself, the Consumer does not have to bear the cost of return. See “Shipping and Returns” on the Entrepreneur’s website.
6. If the Consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity commence during the reflection period, the Consumer shall pay the Entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the Entrepreneur at the time of withdrawal, compared with full performance of the obligation.
7. The Consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a) they have not expressly consented, before its delivery, to starting performance of the agreement before the end of the reflection period;
b) they have not acknowledged losing their right of withdrawal upon giving consent; or
c) the Entrepreneur has failed to confirm this statement by the Consumer.
8. If the Consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.

Article 9: Obligations of the Entrepreneur in the Event of Withdrawal
1. If the Entrepreneur enables the Consumer’s withdrawal notification electronically, the Entrepreneur will immediately send a confirmation of receipt upon receiving this notification.
2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs charged by the Entrepreneur for the returned product (not to be confused with return costs, which are payable by the Consumer), without delay but within 14 days following the day on which the Consumer notifies the Entrepreneur of the withdrawal. Unless the Entrepreneur offers to collect the product, they may wait with repayment until they have received the product or until the Consumer proves that they have returned the product, whichever occurs first.
3. The Entrepreneur uses the same payment method that the Consumer used for repayment, unless the Consumer agrees to a different method. The repayment is free of charge for the Consumer.
4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the Entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10: Exclusion of the Right of Withdrawal
1. The Entrepreneur can exclude the following products and services from the right of withdrawal, but only if the Entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement (see also “Shipping and Returns” on the Entrepreneur’s website):
2. Products or services whose price is subject to fluctuations in the financial market over which the Entrepreneur has no influence and which may occur within the withdrawal period;
3. Agreements concluded during a public auction. A public auction is defined as a sales method where products, digital content and/or services are offered by the Entrepreneur to the Consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
4. Service contracts after full performance of the service, but only if:
a) the performance began with the explicit prior consent of the Consumer; and
b) the Consumer has stated that they will lose their right of withdrawal once the Entrepreneur has fully performed the agreement;
5. Service contracts for the provision of accommodation, if a specific date or period of performance is provided in the contract and other than for residential purposes, goods transport, car rental services and catering;
6. Agreements relating to leisure activities, if a specific date or period of performance is provided in the agreement;
7. Products manufactured according to the Consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
10. Products which, after delivery, are unavoidably mixed with other products due to their nature;
11. Alcoholic beverages whose price was agreed upon when the agreement was concluded but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the Entrepreneur has no influence;
12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions;
14. The supply of digital content other than on a tangible medium, but only if:
a) the performance began with the explicit prior consent of the Consumer; and
b) the Consumer has declared that they thereby lose their right of withdrawal.

Article 11: The Price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the Entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the Entrepreneur has stipulated this and:
a) they are the result of statutory regulations or provisions; or
b) the Consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.

Article 12: Conformity and Warranty
1. The Entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement.
2. An arrangement offered as a guarantee by the Entrepreneur, manufacturer or importer does not affect the rights and claims that the Consumer may assert against the Entrepreneur regarding a failure in the fulfillment of the Entrepreneur’s obligations based on the law and/or the distance agreement.

Article 13: Delivery and Performance
1. The Entrepreneur will take the greatest possible care when receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address that the Consumer has made known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out, or can only be partially carried out, the Consumer will be informed about this at the latest one month after the order was placed. In that case, the Consumer has the right to dissolve the agreement without any costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the Entrepreneur will refund the amount paid by the Consumer as quickly as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the Entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of a return shipment are borne by the Entrepreneur.
6. The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative, unless expressly agreed otherwise.

Article 14: Long-term Transactions (duration, termination and renewal)
Termination:
1. The Consumer may terminate an agreement that has been concluded for an indefinite period and that is aimed at the regular delivery of products (including electricity) or services at any time subject to agreed termination rules and a notice period of no more than one month.
2. The Consumer may terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term subject to agreed termination rules and a notice period of no more than one month.
3. The Consumer can terminate the agreements referred to in the preceding paragraphs:
 • at any time and not be limited to termination at a specific time or in a specific period;
 • at least in the same way as they were entered into by the Consumer;
 • always with the same notice period as the Entrepreneur has stipulated for itself.

Article 15: Payment
1. Unless otherwise agreed, the amounts owed by the Consumer must be paid before the shipment takes place.
2. In the sale of products to Consumers, an advance payment of more than 50 % may never be stipulated in the general terms and conditions. If an advance payment has been stipulated, the Consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The Consumer has the duty to report inaccuracies in provided or stated payment details to the Entrepreneur without delay.
4. In the event of default by the Consumer, the Entrepreneur is entitled, subject to legal restrictions, to charge the Consumer reasonable costs made known in advance.

Article 16: Complaints Procedure
1. The Entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer has discovered the defects.
3. Complaints submitted to the Entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.

Article 17: Intellectual Property
The Buyer expressly acknowledges that all intellectual-property rights to the information, communications or other expressions displayed relating to the products and/or relating to the website rest with Cook and Pan / Damsco Group B.V., its suppliers or other entitled parties.

Article 18: Personal Data
Cook and Pan will process the Buyer’s data solely in accordance with its privacy policy. Cook and Pan / Damsco Group B.V. complies with the applicable privacy rules and legislation in doing so.

Article 19: Governing Law and Jurisdiction
All offers of Cook and Pan / Damsco Group B.V., its agreements and their execution are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 20: Links
The website of Cook and Pan / Damsco Group B.V. may contain advertisements, third-party texts or links to and/or from other sites. Cook and Pan has no influence on and is not responsible for the privacy policy of these third parties or their sites.

Article 21: Your Rights
You may always ask Cook and Pan / Damsco Group B.V. which data about you is being processed. You can do this by sending an email. You may also ask Cook and Pan by email to make improvements, additions or other corrections, which Cook and Pan will process as soon as possible. If you no longer wish to receive information, you can inform Cook and Pan. Information will only be sent if you have provided your email address for that purpose.

Article 22: Additional or Divergent Provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the Consumer’s detriment and must be recorded in writing or in such a way that the Consumer can store them in an accessible manner on a durable data carrier.

23. Liability for Information

23.1 Cook and Pan / Damsco Group B.V. strives to provide accurate and up-to-date information on its website and via other communication channels. However, we cannot guarantee that the information provided is always complete, accurate or up-to-date.

23.2 Cook and Pan / Damsco Group B.V. is not liable for any damage of any kind arising from the use of incorrect or incomplete information on our website or in communication via email.

24. Product Liability

24.1 Cook and Pan / Damsco Group B.V. cannot be held liable for any damage or injury caused by the use of products purchased through our website.

24.2 The customer acknowledges that they are responsible for adequately assessing any risks associated with the use of the purchased products.

24.3 Cook and Pan disclaims all liability for injury, property damage or other losses arising from the use of our products.

25. General Limitation of Liability

25.1 Cook and Pan / Damsco Group B.V. is not liable for any indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of profit, revenue, data or use, arising from the use of our website or products.

25.2 In no event shall the total liability of Cook and Pan / Damsco Group B.V., whether contractual, tortious or otherwise, exceed the total purchase price of the relevant products.

26. Legal Disclaimer

26.1 These general terms and conditions are not intended to exclude or limit the liability of Cook and Pan / Damsco Group B.V. in cases where such exclusion or limitation is unlawful.

26.2 Cook and Pan / Damsco Group B.V. reserves the right to amend the general terms and conditions at any time. It is the customer’s responsibility to regularly consult the general terms and conditions for any changes.

By placing an order on our website, the customer agrees to the above general terms and conditions.