General conditions

Cosy Lounge

(ANBA) bvba
Kapelsesteenweg 493
B 2180 Ekeren
(Belgium)
VAT 0465 667 306
info@cosy-lounge.com
Tel. +32 (0)3 290 35 93

Hereinafter called Cosy Lounge

Article 1 - General provisions

The e-commerce website of Cosy Lounge, a company duly registered with its registered office at 2910 Essen, Schaapsbaan 28 and with exploitation address in 2180 Ekeren, Kapelsesteenweg 493, VAT BE 0455 353 830, hereinafter “Cosy Lounge” provides its customers with the option of buying products from its web shop.

The web shop also includes products which cannot be bought directly through the web shop, such as garden lounges, some design furniture and specific garden decoration pieces. For those the customer can request an offer by filling in the relevant form. These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”).

When placing an order via the web shop of Cosy Lounge, Customer explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Cosy Lounge.

Article 2 - Price

All prices listed are expressed in EURO, always excluding VAT, unless otherwise mentioned, and all other required duties or taxes that the Customer must bear. Due to the fact that different VAT rules apply, the VAT can only be calculated when your order has been completed.

Before confirming the order, the complete order amount is demonstrated with all details (VAT, shipping cost, payment cost,… if any). Any shipping, reservation or administration fees that are charged will be specified separately. The specified price refers solely to the articles as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3 - Availability

Every offer is only valid for customers within the European Union. The articles are only designed for normal use. Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Cosy Lounge. With respect to the accuracy and completeness of the provided information, Cosy Lounge is solely bound to obligation of means.

Cosy Lounge is in no way liable in event of obvious material or printing errors. If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact our customer service department in advance. (cfr. Article 13).
The product selection is valid while stocks last and may at any time be changed or withdrawn by Cosy Lounge. Cosy Lounge cannot be held liable for the non-availability of a product.

Article 4: Online purchases

Placing an order at Cosy Lounge is easy and the process transparent. In a couple of steps you choose, order, pay en inform us how you would like to have the goods delivered. After the selection of the products you would like to purchase, please put them in the basket.

We gladly explain the further procedure below. For specific products or products made to measure of the customer as e.g. is the case for the garden lounges, we kindly ask you to request an offer. You can do so through the button ‘Request Offer’ in which you describe in detail what you would like to order and specify dimensions, colour and any other specific requirement.
HIf you have any doubt or question, please do not hesitate to call or mail us (cfr. Contact details). We gladly assist you with all your demands.

Your coordinates

We need your coordinates in order to issue the invoice and deliver the goods at the right address. Please fill them in carefully in order to avoid unnecessary delays, errors or other problems that might occur and can create extra costs. Classical errors to which we would like to draw your attention are

  • Forgot to fill in the house number
  • eventueel bus nummer (niet op alle deurbellen zijn de juiste namen vermeld)
  • Specific instructions for the delivery or transport service need to be stated in the box ‘questions/request/remarks’ so we can easily find you to deliver the order. Take into consideration that the courier service / transport company delivers at the doorstep of the building (street level). Kindly note these might cause extra costs, which we will have to charge.
  • Make sure you mention the correct and full e mail address and phone number, so we can reach you in case of problems.
  • If you want the order to be delivered at another address, please do not forget to inform us and fill in the correct address in the order form.

On top op of the screen, you can see in which step of the process you are currently.

Forgot something? You can always go back to the shop to continue your purchase without losing the information or purchases you already registered.
At the end of the purchase process, you will receive a full and detailed overview of the order, the amount to pay and the delivery method of your choice. Verify all data very carefully before finalising your purchase and execute the payment.

Payment

We have tried to offer you a variety of payment method to assure full flexibility to execute the payment in all safety. Should a problem occur during the payment process, please verity with your bank or the card company to determine the cause of the problem. In case the amount has not been deducted from your bank account or charged to your card, you can try again to do the payment without any risk.
In the event the payment, for some reason, has been executed twice, please do not panic. Contact us at info@cosy-lounge.com and we will refund the amount immediately upon receipt of the double transaction.

As Customer, you have the choice of an array of payment methods either with or without transaction costs. Please find herewith the different methods and related costs, if any.

PAYMENT METHOD CHARGES
KBC/CBC No charge
Belfius Direct Net No charge
Bancontact/Mister Cash No charge
Ideal No charge
Maestro No charge
Bankoverschrijving No charge
Giropay No charge
ING Home Pay No charge
VISA/MASTERCARD No charge

Confirmation

NAfter execution of the payment you will immediately receive a confirmation of the order issued by you by means of a Cosy Lounge order confirmation. Keep this form and its number available for any question related to your purchase.

Upon reception of the order amount, we prepare your order for delivery. The articles will be delivered at the address stated in your order and as confirmed in our Order document, in the event Customer chose for the option ‘delivery by Cosy Lounge’.

If not, the articles will be available at the address of Cosy Lounge or another indicated address. Cosy Lounge is authorized to refuse an order (in writing) as a consequence of a serious shortcoming or flaw by the Customer in respect of the order or any other order or agreement in which the Customer has been involved.

Article 5 - Retention of title

Delivered articles remain the exclusive property of Cosy Lounge until the moment the Customer pays for the goods in full. The risk of loss and/or damage though, passes to the Customer as from the moment of delivery. If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Cosy Lounge, e.g. to anyone who would attempt to seize articles that are not fully paid for.

Article 6 - Penalties for non-payment

Without prejudice to the exercise of any other rights that Cosy Lounge is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice.

Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 250 euro per invoice. Without prejudice to the foregoing, Cosy Lounge is entitled to take back the unpaid or incompletely paid for articles.

Article 7 - Delivery

For the delivery of your order, we rely on specialized courier services and/or transport companies to assure a swift and safe shipment of your products.

Articles ordered via this web shop will be delivered in the following countries;

  • Belgium,
  • Luxembourg,
  • the Netherlands,
  • France,
  • Germany,
  • Austria,
  • and Switzerland.

For other countries, you can request a price offer.

The delivery term will be determined a.o. by the availability of the ordered products in our inventory. In case we have the products on stock, they will be packed for shipment immediately (during normal working days) and shipped off. You will receive a message when your order has been shipped. If the delivery is executed by a courier service, we will inform the ‘track&trace’ code, which will enable you to follow the further process of the shipment.

If the order products are not available at the time of ordering and the delivery period exceeds 4 weeks, you will be informed of such. Unless otherwise agreed, the ordered products will be delivered within 30 days as from receipt of confirmed order.

If, mostly in case of heavy or big size products, we work with a consolidator transport company, the transit times will be higher, due to the fact that eventually several transhipments are included. The delivery will take several working days, as from pick up at our warehouse.

You can of course also come and pick up your order at our shop in Antwerp during normal working hours. Please make sure you have enough space and loading capacity and verify dimensions and weight. You will find this information under ‘characteristics’ of the articles.

IMPORTANT - RESERVATIONS

Any visible damage, quantitative and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Cosy Lounge and you need to make the necessary reservations and/or remarks in writing towards the transport company/courier or any other 3rd party services.

In case the reservations have not been duly made on the transport documents, we won’t be able to recover or claim those from the 3rd party involved and as a consequence will have to decline eventually claimed damage and/or loss by you. The risk due to loss and/or damage is transferred to the Customer at the time the goods have been physically received by the Customer according to the agreed sales conditions (Incoterms 2010) and as mentioned in the order.

Article 8 - Guarantee

a. Legal Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

b. Guarantee execution

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are requested to retain the original packaging used for the goods. For articles purchased online and are delivered, the Customer must contact the Cosy Lounge customer service and return the product at their own expense to Cosy Lounge. Upon detection of a deficiency, the Customer must inform Cosy Lounge as soon as possible and the requested reservations as mentioned under ‘Delivery’ have to be made in order to execute any claim for guaranty. In any case, any deficiency must be reported by the Customer within two days of detection. Hereafter, all rights to repair or replacement are voided.

The guarantee is never applicable when there are deficiencies that arise as a result of:

  • accidents,
  • neglect,
  • falls,
  • use of the product inconsistent with the purpose for which it was designed,
  • articles with a limited life-span,
  • failure to follow the operating instructions or manual,
  • modifications or alterations to the article,
  • hardhandig en/of foutief gebruik,
  • rough usage,
  • poor maintenance,
  • Force Majeure, such as storms, nature phenomenon
  • and any and all causes not attributable to Cosy Lounge.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer. The guarantee is not transferrable.

Article 9 - Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing articles online from Cosy Lounge. The consumer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons. The right of withdrawal period will expire 14 calendar days after the date of delivery of the goods. This right does not apply if the articles are tailor made, which is a.o. the case for the garden lounges (even the standard version) and/or any products made on special request of the Customer.

To exercise the right of withdrawal, the Customer must notify Cosy Lounge, Kapelsesteenweg 493, B 2180 Ekeren in an unambiguous statement (e.g. in writing by post, e-mail at info@cosy-lounge.com ) about their decision to withdraw from the agreement AND deliver/hand over the articles within 20 days as from the date of delivery of the goods to Customer, to Cosy Lounge, Kapelsesteenweg 493 in 2180 Ekeren, during normal opening hours. To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired. The direct costs for returning the goods shall be borne by the Customer.  Articles can be shipped with an adequate service, either by courier service (DHL, Fedex, TNT,….) or a specialised transport company.

In any case, the products cannot be used by the customer, prior to sending it back. If the returned product is reduced in value in any way, Cosy Lounge is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods that goes beyond what is necessary in order to determine the nature, characteristics and operation of the goods. If the value of the articles has deteriorated in any way, Cosy Lounge reserves the right to hold the Customer responsible and claim any indemnification for the loss of value as a consequence of the use thereof by the Customer, beyond the necessity to establish the conformity.

Only articles that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned. If the Customer has requested that the provision of services start during the withdrawal period, the Customer shall pay an amount for the services provided up to the time that the Customer notified us of their withdrawal from the agreement that is proportional to the full completion of the agreement.

The Customer may not exercise the right of withdrawal for:

  • service contracts after the provision of service has been completed in its entirety
  • the delivery of goods manufactured according to the Customer’s specifications or that are clearly destined for a specific person as a.o. mentioned in §2 of this Article.
  • greements where the Customer specifically requests Cosy Lounge to carry out urgent repairs or maintenance.

Article 10 - Privacy

The responsible party for processing information, Cosy Lounge respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes:

  • the execution of the concluded agreement,
  • the processing of the order,
  • sending newsletters,
  • publicity- and/or marketing purposes

and this on behalf of Cosy Lounge and the companies related to her.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Cosy Lounge, Kapelsesteenweg 493 at 2180 Ekeren. If necessary, you can also request the correction of information that is inaccurate incomplete or irrelevant.

In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Cosy Lounge, Kapelsesteenweg 493 at 2180 Ekeren or info@cosy-lounge.com. We treat your information as confidential and shall not communicate, rent or sell it to third parties. It is possible that the personal information received from you may be communicated to our collaborating businesses such as ResiGrass, Electro Baeyaert or others.

The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus  Cosy Lounge has no access to your password. Cosy Lounge saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent. If you have any questions about this privacy statement, please contact us at  info@cosy-lounge.com.

Article 11- Use of cookies

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

‘First party cookies’

These are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.

‘Third Party cookies’

These are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive. To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications. If you use our website, you implicitly agree to the use of cookies.

Article 12 - Invalidation - non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions. Failure at any time by Cosy Lounge to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 13 - Customer service

Cosy Lounge customer service can be reached at phone number +32 3290 35 93, via e-mail at info@Cosy-Lounge.com or by mail at the following address Kapelsesteenweg 493v 2180 Ekeren. Any complaints can be made through the aforementioned customer services contact methods.

Article 14 - Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Cosy Lounge.

In case of inconsistencies, the present Terms take precedence. Cosy Lounge has the right to modify these Terms without any specific notification. Each purchase, after the modification, implies an acceptance by the Customers of the new Terms.

Article 15 - Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16 - Applicable law - jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Antwerp district have jurisdiction in the case of any disputes.