Terms & Conditions

Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader.

Day: calendar day.

Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.

Trader: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract whereby, within the framework of a system organized by the trader for the remote sale of goods and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

General Terms and Conditions: the present general terms and conditions of the trader.

Article 2 - Identity of the Trader

Company name: TMC
Trading under the name: Koossa
Chamber of Commerce number: 92134866
VAT number: NL004938015B40
Phone number: +1 516 440 8424
Email: info@koossa.com

Customer Service Hours

Monday – Friday: 9:00 AM – 6:00 PM (GMT)
Saturday – Sunday: 9:00 AM – 4:00 PM (GMT)

We aim to respond to all inquiries within 24 hours.

Article 3 - Applicability

These general terms and conditions apply to every offer made by 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 general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer in electronic form before the conclusion of the contract in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the provision most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these General Terms and Conditions shall remain in force and the relevant provision shall be replaced promptly by mutual agreement with a provision that approximates the original provision as closely as possible.

Situations not covered by these General Terms and Conditions shall be assessed in the spirit of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted in the spirit of these General Terms and Conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is subject to change. The trader reserves the right to modify and adjust 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 properly assess the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

The images of the products are a faithful representation of the products offered. The company cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information from which the consumer can determine what rights and obligations are attached to accepting the offer. This includes in particular:

The price, excluding VAT on import, customs duties and clearance costs. All goods are shipped under the Delivered Duty Unpaid (DDU) delivery terms. The customer acts as the importer and is fully responsible for all import costs. The carrier will collect these costs from the recipient upon delivery. The seller does not act as importer and is not liable for delays or costs arising from customs clearance.
The cost of shipping, if applicable.
The manner in which the contract is to be concluded and the actions required for its conclusion.
Whether or not the right of withdrawal applies.
The method of payment, delivery and execution of the contract.
The deadline for accepting the offer or the period within which the trader guarantees the price.
The level of the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the standard rate for the communication technology used.
Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.
The way in which the consumer can check and, if desired, correct the information provided within the framework of the contract before the conclusion of the contract.
Any languages other than English in which the contract can be concluded.
The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of an ongoing transaction.
Optionally: available sizes, colors, and materials.

Article 5 - The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may cancel the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may — within the legal framework — gather information about whether the consumer is able to meet their payment obligations and about all facts and factors relevant to responsibly entering into the distance contract. If the trader has good reason on the basis of this investigation not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to its execution.

Together with the product or service, the trader shall provide the consumer, in writing or in a manner that allows the consumer to store it accessibly on a durable medium, with the following information:

The address of the trader's business location where the consumer can submit complaints.
The conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded.
Information about warranties and existing after-sales service.
The information referred to in Article 4, paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the execution of the contract.
The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a fixed-term contract, the provision of the previous paragraph only applies to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving reasons within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and the trader, has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and — where reasonably possible — in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must do so by written notice or email. After notifying the trader of the intention to withdraw, the consumer must return the product within 30 days. The consumer must be able to prove that the product was returned in time, for example by providing proof of shipment.

If the consumer has not indicated their wish to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer.

If the consumer has made a payment, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the goods have already been received by the trader or conclusive proof of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. This exclusion only applies if the trader has clearly stated this in the offer, or at least before the conclusion of the contract.

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

That have been produced by the trader in accordance with the consumer's specifications.
That are clearly of a personal nature.
That cannot be returned by their nature.
That deteriorate or expire quickly.
Whose price is subject to fluctuations in the financial market over which the trader has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software whose seal has been broken by the consumer.
For hygiene products whose seal has been broken by the consumer.

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

Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period.
Whose delivery has begun, with the consumer's express consent, before the expiry of the cooling-off period.
Relating to betting and lotteries.

Article 9 - The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This link to fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to them and:

They result from statutory provisions or regulations, or
The consumer has the right to cancel the contract as of the day the price increase takes effect.

In accordance with Article 5, paragraph 1 of the VAT Act of 1968, the place of delivery is the country where transportation begins. In that case, delivery takes place outside the EU. Accordingly, the postal or courier company will charge the customer import VAT and/or customs clearance costs. For this reason, the trader will not charge VAT.

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

Article 10 - Conformity and Warranty

The trader warrants that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the trader also warrants that the product is suitable for uses other than its normal use.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of 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 modified the delivered products themselves or has had them repaired and/or modified by a third party.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging.
The defect is wholly or partly due to regulations that the government has issued or will issue regarding the type or quality of the materials used.

Article 11 - Delivery and Performance

The trader shall take the greatest possible care when receiving and fulfilling orders for products.

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

Subject to the provisions in Article 4 of these general terms and conditions, the trader shall execute accepted orders promptly, but no later than 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 notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and the right to any compensation.

In the event of cancellation in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If it is not possible to deliver an ordered product, the trader shall make every effort to provide a replacement item. No later than at the time of delivery, it must be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of returning replacement items shall be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuation of Activities: Duration, Termination and Renewal

The consumer may terminate a contract concluded for an indefinite period involving the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period involving the regular supply of products (including electricity) or services at any time before the end of the specified duration, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs at any time and not only at a specific time or during a specific period, in at least the same manner in which they were entered into, and always with the same notice period as the trader has set for themselves.

A contract concluded for a definite period involving the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, a fixed-term contract for the periodic supply of daily and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, provided the consumer has the right to terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular supply of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer has the option to terminate the contract at any time with a notice period of no more than one month, which in the case of a contract for the regular supply of daily and weekly newspapers or magazines, but less than once a month, may not exceed three months.

A temporary contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

If a contract has a duration of more than one year, the consumer may terminate the contract 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, the amounts owed by the consumer shall be paid within 7 business days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to promptly notify the trader of any inaccuracies in the provided details or the stated payment.

In the event of non-payment by the consumer, the trader has the right — subject to legal limitations — to charge the consumer all reasonable costs communicated to them in advance.

Article 14 - Complaints

Complaints about the execution of the contract must be submitted to the trader fully and clearly within 7 days of the consumer discovering the defects.

Complaints submitted to the trader shall be answered within 30 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the 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 shall at their discretion either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by the laws of the Netherlands, even if the consumer resides abroad.

Business Information

Company name: TMC
Trading under the name: Koossa
Chamber of Commerce number: 92134866
VAT number: NL004938015B40
Phone number: +1 516 440 8424
Email: info@koossa.com

Customer Service Hours

Monday – Friday: 9:00 AM – 6:00 PM (GMT)
Saturday – Sunday: 9:00 AM – 4:00 PM (GMT)

We aim to respond to all inquiries within 24 hours.