Terms and Conditions
Article 1 – Definitions
In these terms, the following definitions shall apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader.
Day: Calendar day.
Long-term transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligations are spread over time.
Durable data carrier: Any medium that enables the consumer or trader to store information addressed personally to them, in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.
Trader: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement concluded within the framework of a trader’s organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Distance communication technology: Means that can be used to conclude a contract without the consumer and trader being together in the same room at the same time.
Terms and Conditions: The present general terms and conditions of the trader.
Article 2 – Identity of the Trader
Company name: Beyond Zenith
Trading name: Cotlina
Address: Stille Rijn 14, 2312 DE, Leiden, The Netherlands
Email address: info@cotlina.com
Company registration number: 93572395
VAT registration number: NL005027864B88
Article 3 – Applicability
These Terms and Conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the Terms and Conditions are available for inspection at the trader’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these Terms and Conditions can be provided to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the Terms and Conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.
If, in addition to these Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.
If one or more provisions of these Terms and Conditions are at any time wholly or partially invalid or annulled, the agreement and these Terms and Conditions shall otherwise remain in force, and the provision in question shall be replaced by mutual agreement by a provision that as closely as possible matches the purpose of the original.
Situations not covered by these Terms and Conditions must be assessed ‘in the spirit’ of these Terms.
Uncertainty regarding the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted ‘in the spirit’ of these Terms.
Article 4 – The Offer
If an offer is subject to a limited validity period or is made under conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to change and adapt the offer.
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. If the trader uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot be a reason for compensation or cancellation of the agreement.
Product images are a true representation of the offered products. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
- the price;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for this;
- whether the right of withdrawal applies or not;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer or the period within which the trader guarantees the price;
- the rate for distance communication, if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data they have provided;
- any other languages in which the agreement can be concluded in addition to English;
- the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically;
- and the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, type of material.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stipulated conditions. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
Within the framework of the law, the trader may obtain information about the consumer’s ability to fulfil their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The trader shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, together with the product or service:
a. the visiting address of the trader’s business location where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on warranties and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the execution of the contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
For long-term transactions, the provision in the previous paragraph applies only to the first delivery.
All agreements are concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing goods, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and communicated to the trader, has received the product.
During the cooling-off 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 whether they wish to keep it.
If the consumer exercises their right of withdrawal, they shall return the product to the trader, together with all supplied accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. Notification must be made in writing or by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The return should be sent to the following address:
WSCM LLC
China
Shenzhen 518000
U8 Industrial Park, Xixiang St, Baoan
Building No: NO.U6105
The consumer must provide proof that the delivered goods were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is a fact.
Collection point and return after non-collection
Delivery to a collection point: If an order cannot be delivered to the specified address and is sent to a collection point, the consumer is responsible for collecting the package on time within the deadline set by the carrier.
Failure to collect the package: If the consumer does not collect the package in time and it is returned to us, we reserve the right to charge shipping costs again for a second shipment.
Cooling-off period: The statutory 14-day cooling-off period starts from the moment the consumer could have received the package, for example at the collection point. If the consumer wishes to cancel the purchase within this period, only the original purchase costs will be refunded. Any costs for returning the goods are borne by the consumer. Once the 14-day cooling-off period has expired, the right of withdrawal lapses.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been received back by the trader, or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. where the delivery has begun with the consumer’s express consent before the cooling-off period has expired;
c. relating to betting and lotteries.
Article 9 – Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased.
Notwithstanding the preceding paragraph, the trader may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any stated prices are target prices shall be indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. these result from statutory provisions or regulations; or
b. the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer of products or services are exclusive of VAT, as postal and courier services apply.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader 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, have otherwise been handled carelessly, or are contrary to the instructions of the trader and/or on the packaging;
- the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall exercise the greatest possible care when receiving orders for products and executing them.
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 Terms and Conditions, the company shall execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after the order was placed. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In the event of termination in accordance with the preceding paragraph, the trader shall refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the trader will make every effort to make a replacement product available. No later than at the time of delivery, it will be stated clearly and comprehensibly that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and communicated to the trader, unless expressly agreed otherwise.
Our products are shipped directly from our suppliers in third countries. We do not import the goods into the United Kingdom ourselves, which means that the customer is responsible for any import duties, VAT or other customs charges that may be levied upon receipt of the order. In addition, there may be delays at customs, which may affect delivery times. Any additional costs or delays associated with the import of goods are the sole responsibility of the customer. We recommend that you check with your local authorities in advance to determine which rules and costs may apply.
Article 12 – Long-Term Transactions: Termination/Cancellation, Renewal and Duration
Termination/Cancellation
The consumer may terminate an agreement that has been concluded for a fixed period, and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed notice of withdrawal.
The consumer may terminate the agreements referred to in the preceding paragraphs:
- at any time and without being limited to termination at a specific time or during a specific period;
- at least by giving notice via written communication or by email;
- within one hour after placing the order, unless the order has already been processed.
Renewal
An agreement that has been concluded for a fixed period, and which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term agreement involving the regular delivery of daily news, weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement involving the regular delivery of goods 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 if the agreement involves the delivery of daily, news and weekly newspapers less than once a month.
A fixed-term introductory agreement for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends 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 reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period referred to in Article 6.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the trader within 7 days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the company and the consumer are subject to Dutch law. However, this choice of law does not affect the mandatory consumer protection rules applicable under the law of the country in which the consumer resides.