General 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 remotely to consumers;
2. Consumer: the natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
3. Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively using one or more techniques for distance communication up to and including the conclusion of the contract;
4. Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space;
5. Reflection period: the period within which the consumer can exercise his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.

Article 2: Identity of the entrepreneur
Registered address: Showroom, office and warehouse:
Damsco Group B.V.

Boreelplein 71
7411 EH Deventer
Netherlands

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

Article 3: Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer as soon as possible upon request.
3. If the agreement is concluded electronically at a distance, contrary to the previous paragraph and before the agreement is concluded at a distance, the text of these general terms and conditions can be made available 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, before the agreement is concluded at a distance, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request. The consumer then first requests the general terms and conditions from the entrepreneur. Once received, the purchase can be made.
4. In case specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

Article 4: The offer
1. If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a good assessment of the offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:
* the price including taxes;
* any delivery costs;
* the way in which the agreement will be concluded and which actions are necessary for this;
* whether or not the right of withdrawal applies;
* the method of payment, delivery, or performance of the agreement;
* the period for acceptance of the offer, or the period for maintaining the price;
* the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
* if the agreement is archived after conclusion, how it can be consulted by the consumer;
* the way in which the consumer can become aware of actions not desired by them before concluding the agreement, as well as the way in which they can correct these before the agreement is concluded;
* the possible languages in which, besides Dutch, the contract can be concluded; the entrepreneur cannot be held liable for typos or inaccuracies in the product text or on the entrepreneur's website. 
* the codes of conduct to which the entrepreneur has subscribed and the way the consumer can consult these codes electronically. 
* the minimum duration of the distance contract in case of a contract aimed at continuous or periodic delivery of products or services.

Article 5: The contract
1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this receipt is not confirmed, the consumer can dissolve the contract.
3. If the contract 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 take appropriate security measures.
4. The entrepreneur may – within legal frameworks – check whether the consumer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, :
a) the contact details of the entrepreneur where the consumer can reach them. 
b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c) the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
d) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
e) if the consumer has a right of withdrawal, the model withdrawal form. This can also be sent/requested digitally by/at the entrepreneur. 
6. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6: Right of withdrawal
For products;
1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of up to 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a) if the consumer has 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 refuse an order of multiple products with different delivery times, provided the consumer was clearly informed about this before the ordering process.
b) if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part.
c) for agreements for the regular delivery of products over a certain 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 can cancel 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 any reason. The entrepreneur may ask the consumer for the reason for withdrawal but may not require the consumer to provide their reason(s).
4. The reflection period mentioned in paragraph 3 starts on the day after the agreement is concluded.

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not informed about:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day the consumer received that information.

Article 7: Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack the product to the extent necessary to determine the nature and characteristics of the product by sight. The principle here is that the consumer may only handle and inspect the product as they would in a store. The consumer may not use the item and certainly not damage it. This also applies to the original packaging of the item. 
2. The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is allowed in paragraph 1, or if the consumer returns the package incorrectly. For this, the consumer can check the entrepreneur's website under the article; Shipping and returns. If the consumer wants additional information about returning, they can request this electronically from the entrepreneur. In that case, the consumer can only respond to the article if the entrepreneur replies and advises within 3 days.
3. The consumer is liable for damage to the return shipment unless prior communication and approval for the return have been given by the entrepreneur. Or if the consumer can prove that the damage was not caused by them.

Article 8: Exercise of the right of withdrawal by the consumer and its costs
1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they send back the product before the reflection period has expired.
3. The consumer returns the product with all delivered accessories, in the original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur. The consumer can find these 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 advises the consumer to take pictures of the product to be returned as well as the packaging, 
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates they will cover the costs themselves, the consumer does not have to bear the return shipping costs. For this, see the article: Shipping and returns on the entrepreneur's website. 
6. If the consumer withdraws after expressly requesting that the performance of the service or the supply of gas, water, or electricity that is not made ready for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.

7. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a) he has not explicitly agreed before delivery to start fulfilling the contract before the end of the reflection period;
b) he has not acknowledged losing his right of withdrawal by giving his consent; or
c) the entrepreneur has failed to confirm this statement from the consumer.
8. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9: Obligations of the entrepreneur upon withdrawal
1. If the entrepreneur enables the consumer to notify withdrawal electronically, they will send a confirmation of receipt immediately after receiving this notification.
2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product (not to be confused with return shipping costs, which are the consumer's responsibility), without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or the consumer has demonstrated that they have sent the product back, whichever is earlier.
3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10: Exclusion of the right of withdrawal
1. The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, at least in time before the conclusion of the agreement, see also: Shipping and returns on the entrepreneur's website.;
2. Products or services whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period;
3. Agreements concluded during a public auction. A public auction is understood as a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
4. Service agreements, after full performance of the service, but only if:
a) the execution has started with the consumer's explicit prior consent; and
b) the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
5. Service agreements for the provision of accommodation, if a specific date or period for performance is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
6. Agreements related to leisure activities, if a specific date or period for performance is provided in the agreement;
7. Products made according to consumer specifications, which are not prefabricated and are made based on 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 are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that are irrevocably mixed with other products after delivery by their nature;
11. Alcoholic beverages for which the price was agreed upon when concluding the contract, but delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;
12. Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;
13. Newspapers, magazines, or periodicals, except for subscriptions to these;
14. The delivery of digital content other than on a tangible medium, but only if:
a) the execution has started with the consumer's explicit prior consent; 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 offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a) these are the result of legal regulations or provisions; or
b) the consumer has the authority to terminate the agreement on the day the price increase takes effect.
5) The prices mentioned in the offer of products or services include VAT.

Article 12: Conformity & Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.
2. A warranty scheme offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a failure to fulfill the entrepreneur's obligations under the law and/or the distance contract.

Article 13: Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are the responsibility of 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 representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 14: Duration transactions (duration, cancellation and extension)
Cancellation:
1. The consumer can cancel an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can cancel an agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
* cancel at any time and not be limited to cancellation at a certain time or within a certain period;
* cancel at least in the same way as they were entered into by him;
* always cancel with the same notice period as the entrepreneur has required for themselves.

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, general terms and conditions may never require an advance payment of more than 50%. When advance payment is required, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the required advance payment has been made.
3. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 16: Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a timely manner, fully and clearly described, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17: Intellectual property
The Buyer expressly acknowledges that all intellectual property rights of displayed information, announcements, or other expressions related to the products and/or related to the website rest with Cook and Pan / Damsco Group B.V., its suppliers or other rights holders.

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

Article 19: Applicable law and competent court
On all offers from Cook and Pan / Damsco Group B.V., its agreements and their execution are exclusively subject to Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 20: Links
The site 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 the privacy policies of these third parties or their sites and is not responsible for them.

Article 21: Your rights
You can always contact Cook and Pan / Damsco Group B.V. ask which data about you is being processed. You can send an email for this. You can 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 of this. Sending information only happens if you have provided your email address for that purpose.

Article 22: Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 23: Liability for Information

1. Cook and Pan / Damsco Group B.V. strives to provide accurate and up-to-date information on its website and through other communication channels. However, we cannot guarantee that the information provided is always complete, accurate or up-to-date.
2. Cook and Pan / Damsco Group B.V. is not liable for any damage of any kind resulting from the use of incorrect or incomplete information on our website or in communication via email.

Article 24: Product Liability

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.
2. The customer acknowledges that they are responsible for adequately assessing any risks when using the purchased products.
3. Cook and Pan disclaims all liability for injury, property damage or other losses resulting from the use of our products.

Article 25: General Limitation of Liability

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.
2. Under no circumstances 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.

Article 26: Legal Disclaimer

1. These general terms and conditions do not intend to limit the liability of Cook and Pan / Damsco Group B.V. to exclude or limit in cases where such exclusion or limitation is unlawful.
2. Cook and Pan / Damsco Group B.V. reserves the right to change the general terms and conditions at any time. It is the customer's responsibility to regularly check 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.