Coolenator Terms of Service

Article 1. General

1. These Terms and Conditions and the Privacy Statement govern the use of Coolenator Products. 
2. If Coolenator uses third-party services or applications (such as Facebook or Google), the Terms and Conditions, privacy and/or cookie policy of that third party or those third parties may also apply to the use of those third-party services and applications. Coolenator is not responsible and liable for third-party services, Terms and Conditions and privacy and cookie policy. The Consumer must approve these separately. In the event of contradiction, these Coolenator Terms and Conditions and Privacy Statement will prevail.
3. Deviations from these Terms and Conditions will only be valid when approved in writing by Coolenator.
4. If any provision in these Terms and Conditions is null or nullified, the other provisions of these Terms and Conditions will remain in full force. In that case, Coolenator and the Consumer will hold consultations for the purpose of agreeing on new provisions to replace the null or nullified provisions, taking into account the objective and purport of the null or nullified provisions wherever possible.
5. Coolenator may modify these Terms and Conditions at all times. The Consumer is responsible for regularly reviewing the status of the Terms and Conditions.
6. Coolenator never gives the Consumer any guarantees, unless stated otherwise in these Terms and Conditions or agreed in writing between the Parties or if Coolenator is obligated to do so by law.


Article 2. Definitions

1. The terms used in these Terms and Conditions are defined as follows:
– Consumer: the natural person who bought the Product.
– Terms and Conditions: the most recent version of this set of terms and conditions of use;
– Privacy Statement: the most recent version of the Coolenator Privacy Statement that is applicable to processing of the Data by Coolenator and can be consulted and viewed via the website.
– Parties: Coolenator and the Consumer jointly;
– Products: the physical products that Coolenator sells in its web shop and through its resellers;
– Coolenator: van Noord beheer b.v., located at the address Nijverheidsweg 17L, 1074VM, Mijdrecht, with Chamber of Commerce number: 34135819;


Article 3. Guarantees related to the Product and liability

1.  The Consumer is entitled to the statutory guarantee. Coolenator provides a one-year guarantee on its Products in case of normal use by the Consumer. The guarantee period starts the moment the Consumer receives the Product.
2. The Consumer is not entitled to a guarantee when the Product has been damaged as a result of: a. an intentional act or omission on the part of the Consumer;
b. improper use or negligent maintenance;
c. normal wear and tear;
d. non-compliance or incorrect compliance with the instructions for use or these Terms and Conditions;
e. repair of the Products by a party other than Coolenator;
f. extreme conditions for which the Product is not intended, such as thunderstorm, flood, fire, incorrect use or negligence;
g. opening or dismantling the Product.
3. Within the limits of the law, Coolenator liability of whatever nature per event that causes damage is limited to no more than the price charged, or to be charged, to the Consumer for purchasing the Product or Products. Moreover, liability in all events is limited to the amount per loss event paid out by Coolenators liability insurer.
4. Coolenator is only liable for direct damage incurred. Direct damage does not include: loss of income, loss of profits, damage due to the impossibility to place orders, loss of data, diminished goodwill or missed savings.
5. Unless explicitly stated otherwise in these Terms and Conditions, all guarantees and promises are excluded. Coolenator does not accept liability for damage resulting from defective materials, insufficient workmanship or other causes, even if they were the result of acts or omissions on the part of Coolenator employees or representatives, unless applicable law prohibits such a limitation of liability. This limitation of liability does not apply in case of gross negligence or intention on the part of Coolenator.
6. No provision in these Terms and Conditions will exclude or limit Coolenator liability when it is not allowed under mandatory regulations of applicable law to exclude or limit liability in that way.
7. If a defect of the Product is covered by the guarantee, Coolenator may, at its own discretion, either repair this defect using new or properly functioning used parts or provide a replacement Product to the Consumer. The repaired or replaced Products will be covered by a guarantee for the remaining part of the original guarantee period or thirty days, whichever is the longest, or for an additional period that may apply within the Consumer’s jurisdiction.

8. Product Descriptions: Coolenator strives to ensure that all product descriptions and images are accurate and up-to-date. However, we do not warrant that the product descriptions or other content on our website are accurate, complete, reliable, current, or error-free. If a product offered by Coolenator is not as described, your sole remedy is to return it in unused condition.

9. Availability and Pricing: All products are subject to availability. We reserve the right to discontinue any product at any time. We also reserve the right to change prices for products displayed on our website at any time, without prior notice.

10. Limitation of Liability: In no case shall Coolenator, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 


Article 4. Duration, cancellation and termination of the Agreement

1. If Coolenator has determined within reason that the Consumer has acted contrary to the Terms and Conditions or is acting wrongfully when using, Coolenator may terminate the license granted to the Consumer under Article 3 of these Terms and Conditions with immediate effect.


Article 5. Other Terms and Conditions

1. Coolenator will be entitled to engage a third party for compliance with its obligations entered into in the agreements with the Consumer.
2. Where these Terms and Conditions use the words “written” or “in writing”, this also means “electronically” or “digitally”.
3. Commitments and arrangements agreed orally have no effect unless confirmed in writing by Parties.
4. Failure by any party to exert any right or any legal remedy does entail waiver of that right or legal remedy.
5. The Consumer will not be allowed to transfer the rights and authorities granted to it by Coolenator to a third party without Coolenator’s prior written consent.
6. Coolenator will be entitled to transfer its rights and obligations under the Agreement entered into with the Consumer to a third party without the Consumer’s prior consent, after which this third party will be responsible for compliance with the Agreement.
7. The end of an Agreement concluded between the Parties will not affect the Parties’ rights and obligations that have a longer duration given their nature or wording.
8. The applicability of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) is expressly ruled out.

9. Certain content, products, and services available via our Service may include materials from third-parties.

10. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk 

11. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

12. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

13. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

14. Intellectual Property: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Coolenator or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Coolenator, with copyright authorship for this collection by Coolenator, and protected by international copyright laws.

14. Indemnification: You agree to indemnify, defend and hold harmless Coolenator and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 


Article 6. Applicable law and disputes

1. The Agreement concluded between the Parties and the entire legal relationship between the Parties are governed by Dutch law.
2. In case of a dispute between the Parties, the Court in Lelystad, the Netherlands, will be the competent authority.