Terms and Conditions

TERMS OF SERVICE

This website is operated by The CoolClip. Throughout the site, the terms “we”, “us”, “our”, and “merchant” refer to The CoolClip. The CoolClip offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the merchant;
  • Day: 01-01-2024
  • Continuous transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  • Durable data carrier: any means that enables the consumer or merchant to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
  • Merchant: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement whereby, within the framework of a system organized by the merchant for the distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and merchant meeting simultaneously in the same space.
  • General Terms and Conditions: the present General Terms and Conditions of the merchant.

ARTICLE 2 - MERCHANT IDENTITY

  • Business name: The CoolClip
  • Chamber of Commerce number: 83485597
  • Trade name: Global Commerce
  • VAT number: NL003829407B92
  • Customer service email: support@thecoolclip.com
  • Business address: Opaallaan 1180, 2132LN Hoofddorp Netherlands

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer of the merchant and to every distance contract and orders concluded between the merchant and the consumer.

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 viewed at the merchant’s premises and they will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them 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 viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The merchant is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the merchant uses images, these are a true representation of the offered products and/or services. Obvious errors or obvious mistakes in the offer do not bind the merchant.

All images, specifications, data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Images accompanying products are a true representation of the offered products. The merchant cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The post or courier service will use the special scheme for post and courier services regarding importation. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The post or courier service collects the VAT (possibly together with the customs clearance costs) from the recipient of the goods;
  • Any costs of delivery;
  • The way in which the agreement will be concluded and what actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The period for accepting the offer, or the period within which the merchant guarantees the price;
  • The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the used communication method;
  • Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
  • The manner in which the consumer can check and, if desired, rectify the data provided by them in the context of the agreement before the conclusion of the agreement;
  • The possible other languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the merchant is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the event of a duration transaction.
  • Optional: available sizes, colors, types of materials.

ARTICLE 5 - THE AGREEMENT

The agreement, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the merchant will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the merchant, the consumer can dissolve the

agreement.

If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the merchant will observe appropriate security measures.

The merchant can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the merchant, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to the execution.

The merchant will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable data carrier:

  • The visit address of the establishment of the merchant where the consumer can go with complaints;
  • 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;
  • Information about guarantees and existing service after purchase;
  • The information included in article 4 paragraph 3 of these conditions, unless the merchant has already provided this information to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  • In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the respective products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the product is received by the consumer or a pre-designated representative of the consumer announced to the merchant.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the merchant, following the reasonable and clear instructions provided by the merchant.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the merchant within 14 days of receiving the product. The consumer must communicate this through a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not indicated their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 or has not returned the product to the merchant, the purchase is a fact.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the return costs of the products will be borne by the consumer.

If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the product has already been received back by the merchant or conclusive proof of complete return can be provided.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The merchant can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the merchant has clearly stated this in the offer, at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • That have been created by the merchant in accordance with the consumer's specifications;

  • That are clearly personal in nature;

  • That cannot be returned due to their nature;

  • That can spoil or age quickly;

  • Whose price depends on fluctuations in the financial market that the merchant cannot influence;

  • For individual newspapers and magazines;

  • For audio and video recordings and computer software where the consumer has broken the seal;

  • For hygienic products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

  • Where the delivery has begun with the consumer's explicit consent before the cooling-off period has expired;

  • Concerning bets and lotteries.

ARTICLE 9 - THE PRICE

We reserve the right to change prices for the offered products and/or services during the validity period of the offer, including as a result of changes in VAT rates.

In deviation from the previous paragraph, the merchant can offer products or services whose prices are subject to fluctuations in the financial market and where the merchant has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are guide prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the merchant has stipulated this and:

  • They result from legal regulations or provisions; or
  • The consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
  • The place of delivery is based on Article 5, first paragraph, of the Dutch VAT Act 1968, in the country where the transport starts. In this case, the delivery takes place outside the EU. Consequently, the post or courier service will collect import VAT and/or customs clearance costs from the buyer. Therefore, no VAT will be charged by the merchant.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the merchant is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The merchant ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the merchant also ensures that the product is suitable for other than normal use.

A warranty provided by the merchant, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the merchant under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the merchant within 14 days of delivery. The products must be returned in the original packaging and in new condition.

The merchant's warranty period corresponds to the manufacturer's warranty period. The merchant is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the merchant's instructions and/or treated on the packaging;
  • The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

ARTICLE 11 – DELIVERY AND EXECUTION

The merchant will take the utmost care in receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

Subject to 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 the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be notified of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement without any costs and the right to possible compensation.

In the case of dissolution in accordance with the previous paragraph, the merchant will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If the delivery of a product proves impossible, the merchant will make an effort to provide a replacement article. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the merchant.

The risk of damage and/or loss of products rests with the merchant until the moment of delivery to the consumer or a pre-designated representative announced to the merchant, unless expressly agreed otherwise.

ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • At any time and not be limited to termination at a specific time or in a certain period;
  • At least terminate in the same manner as they were entered into;
  • Always terminate with the same notice period as the merchant has stipulated for itself.

Extension

An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a fixed period.

In deviation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the merchant without delay.

In case of default by the consumer, the merchant, subject to legal restrictions, has the right to charge the previously communicated reasonable costs to the consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the agreement must be fully and clearly described and submitted to the merchant within 7 days after the consumer has discovered the defects.

Complaints submitted to the merchant will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the merchant will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the merchant’s obligations unless the merchant indicates otherwise in writing.

If a complaint is found to be justified by the merchant, the merchant will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Agreements between the merchant and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer lives abroad.

ARTICLE 16 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our privacy policy.

ARTICLE 17 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 19 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the "Amendment of the Dutch VAT Act 1968 (Act implementing the Payment Service Providers Directive)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.