GENERAL TERMS AND CONDITIONS COCSERVICES BV

Located at Marconistraat 7, 2809 PH Gouda, The Netherlands

Registered with the Chamber of Commerce under number 80847625

Article 1. Definitions

  1. Cocservices BV: the contractual counterparty to the Agreement with the Customer and user of these general terms and conditions within the meaning of Article 6:231 sub BW, acting as a provider of services.
  2. Client: the natural or legal person who uses the services of Cocservices BV and the contractual counterparty to the Agreement with Cocservices BV within the meaning of Article 6:231 sub c of the Dutch Civil Code. 3. Regular Customer: a Customer with at least 100 delivered Certificates based on orders for the issuance of a Certificate, who has been granted the status of “Regular Customer” by Cocservices BV. 4. Agreement: any agreement, including any Electronic Order, concluded between Cocservices BV and the Customer with regard to the delivery of a Certificate, any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that Agreement. 5. Electronic Order: the Agreement that is concluded electronically (for example via the Cocservices BV Website) with the Customer.
  3. Certificate: in these Terms and Conditions the following Certificates are collectively and individually referred to as “Certificate”:
  4. Certificate of Conformity (COC) for an imported vehicle in accordance with the requirements of the EU Directive (Amendment IX, Directive 92/53). The COC is a document issued by the manufacturer confirming that the vehicle type produced meets all the technical requirements prescribed for EC type-approval; or
  5. Certificate as a document issued by the manufacturer's representative with full details of the vehicle registration; or
  6. partial attestation as a document issued by the manufacturer's representative detailing the additional approval process allowing the vehicle to be registered; or
  7. vehicle manual.
  8. VIN number: the vehicle identification number.
  9. Parties: Cocservices BV and Customer jointly and individually “Party”.
  10. Written: in these general terms and conditions, “written” also includes communication by e-mail, fax, digital (for example via an online interface) or any other means of electronic or digital communication, provided that the identity of the sender and the integrity of the content are sufficiently established. 10. Terms & Conditions: the provisions of this document.
  11. Website: the website of Cocservices BV which can be reached via: www.cocservices.eu.

Article 2. Relevance

  1. These General Terms and Conditions apply to all offers, quotations, Agreements and deliveries of Cocservices BV, of whatever nature, unless their applicability has been expressly excluded in writing in whole or in part or if explicitly agreed otherwise.
  2. Any conditions of the Customer are explicitly rejected. Deviations from and additions to these conditions are only applicable if and to the extent that they have been expressly accepted in writing by Cocservices BV.
  3. If Cocservices BV has permitted deviations from these general terms and conditions for a short or long period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these terms and conditions. The Customer may never assert any right on the grounds that Cocservices BV applies these terms and conditions flexibly.
  4. These conditions also apply to all Agreements with Cocservices BV for the execution of which third parties must be involved. All rights and claims, as stipulated in these conditions and in any additional Agreements for the benefit of Cocservices BV, are also stipulated for the benefit of intermediaries and other third parties engaged by Cocservices BV.
  5. If one or more of the provisions of these general terms and conditions or any other Agreement with Cocservices BV are in conflict with a mandatory statutory provision or any applicable legal provision, the provision in question will lapse and will be replaced by a new, legally permissible and comparable provision to be determined by Cocservices BV.
  6. Cocservices BV reserves the right to amend these terms and conditions at any time. The amended terms and conditions will enter into force at the announced effective date and will also apply to Agreements already concluded. Cocservices BV will send the amended terms and conditions to the Customer in a timely manner. If no effective date has been communicated, amendments will enter into force for the Customer as soon as the amendment has been communicated to him.
  7. The Customer with whom a contract has been concluded once under these conditions is deemed to have tacitly agreed to their applicability to an Agreement subsequently concluded with Cocservices BV.

Article 3. Formation of the Agreement

  1. Except as stated below, an Agreement with Cocservices BV will only be concluded after Cocservices BV has accepted or confirmed an order to that effect from the Customer in writing and the Customer has made the payment due. The order confirmation is deemed to accurately and completely reflect the Agreement, unless the Customer immediately objects to this in writing.
  2. In the event that Cocservices BV and the Customer have not entered into a written Agreement with each other regarding the provision of a Certificate, the Agreement for the provision of a Certificate will be concluded via the electronic transaction system maintained by Cocservices BV on its Website.
  3. In order to be able to establish an Electronic Order, Cocservices BV offers an electronic form on its Website, where the Customer can fill in and send his identification data and the specification of the vehicle for which a Certificate is to be provided. As soon as this form is sent by the Customer, the form is processed by the Website. The approval of the Electronic Order by means of payment and acceptance of the vehicle in the last step of the online ordering process is considered a binding proposal by the Customer to enter into the Agreement with regard to the provision of a Certificate.
  4. In order to place an Electronic Order, the Customer must be at least 16 years of age.

Article 4. Electronic Order

  1. By sending an Electronic Order, the Customer confirms that he fully accepts and accepts the communication in electronic form, mainly by electronic mail and internet, as valid and binding on both Parties.
  2. Each Electronic Order must contain the following:
  3. first and last name or company name of the Customer, e-mail address, place of residence or registered office, or delivery address, if different from the place of residence or registered office, telephone number, invoice details and VAT number – in the case of a legal entity – VAT taxable person;
  4. vehicle type, make of vehicle, country of first registration and year of first registration, VIN number of the vehicle;
  5. delivery time and price for providing the Certificate, including delivery costs; d. the Electronic Order must also contain other information if this is stated with regard to
  6. a specific brand (typological approval, colour of the vehicle), or documents relating to the subject of the order, if required by the producer of the Certificate (copy of registration certificate, copy of purchase agreement, copy of the Customer's identification card and photo of the approval label);
  7. method of delivery of the Certificate.
  8. An Electronic Order that does not contain all the data referred to in paragraph 2 of this article will not be processed by Cocservices BV. In such a case, Cocservices BV will inform the Customer in writing that his Electronic Order has not been accepted, as well as the reasons why acceptance has not taken place.
  9. The suppliers of Cocservices BV may request a copy of the Customer's ID. In that case, the Customer must authorize or grant permission to Cocservices BV to provide a copy of the Customer's ID to the relevant supplier.

Article 5. Rights and obligations of Cocservices BV

  1. By entering into an Agreement with the Customer, Cocservices BV undertakes to: a. deliver the Certificate to the Customer according to the parameters entered in the electronic order, and to package it or ensure its protection during delivery;
  2. to provide the Customer with a Certificate that to the best of Cocservices BV's knowledge and belief the Vehicle complies with the regulations and orders valid in the states of the territory of the European Union through the registration of the vehicles;
  3. Enter Electronic Orders into the system and process them sequentially in the order in which they were received;
  4. to provide the Certificate to the Customer within the shortest possible time under the conditions stated in Article 9.4 hereof.
  5. Cocservices BV reserves the right:
  6. to correct and timely payment by the Customer prior to the issue of the Certificate; b. to a technical shutdown of the system and maintenance as a result of which (part of) the Website may be temporarily unavailable;
  7. to refuse an Electronic Order if the Customer has outstanding obligations from previous periods towards Cocservices BV at the time of completing and sending the electronic form;
  8. to terminate the Agreement in the event that the Certificate is not available or does not exist, or if it is impossible to perform the Agreement, whereby Cocservices BV shall not be liable for any damage suffered by the Customer due to the inability to obtain the Certificate.

Article 6. Rights and obligations of the Customer

  1. By entering into an Agreement with Cocservices BV, the Customer undertakes to: a. provide the requested data required for issuing a Certificate correctly and completely;
  2. to provide Cocservices BV with all documents required for the application for a Certificate; c. to update his personal and billing information in the event of a change thereof by sending an e-mail to info@cocservices.eu or by changing such information directly in the personal online account that the Customer has created on the Website;
  3. to ensure the smooth transfer of the Certificate Delivery under the conditions set out in Article 10.3 hereof.
  4. The Customer shall be entitled to reimbursement of the payment made in the event that the Certificate is not available or not present for the specific vehicle, or if it is not possible to perform the Agreement; in such event, the payment shall be refunded to the Customer without undue delay in the same amount and in the same manner in which the payment was made.

Article 7. Registration

  1. Registration of the Customer on the Website of Cocservices BV is optional and is carried out by opening an online account by the Customer, if the Website allows this. 2. In order to be able to perform the registration, the Customer must specify at least his first and last name or the company name, the e-mail address and the password for the registration and update the identification data if such changes occur.
  2. If the Customer provides complete registration data, this data will serve as a basis for Cocservices BV, and Cocservices BV will use this data to process the orders and tax documents, unless the Customer informs Cocservices BV of other data for a specific order.
  3. After successful registration, an online account will be created for the Customer. This online account is strictly personal and may only be used by the Customer himself (or his employees). As soon as the Customer registers for an online account, the Customer will receive a registration confirmation link by e-mail. The customer must confirm the access data by clicking on the registration confirmation link.
  4. By creating an account, the Customer has the possibility to request Certificates without having to re-enter his (personal) data each time. The Customer can change his personal data and other settings at any time via e-mail or in the “Change data” section after logging into his online account. The Customer can delete his online account and registration by sending a request to that effect by e-mail to info@cocservices.eu.

Article 8. Invoicing and payment

  1. Cocservices BV is entitled to request full advance payment from the Customer prior to the execution of the Agreement.
  2. Payment must be made in full in advance using an online payment method offered by Cocservices BV, such as credit card, iDeal, PayPal, etc.
  3. Cocservices BV is liable for VAT. The payment may only be invoiced without VAT by Cocservices BV after validation of the registration of the Customer who is a taxable person. The Customer must enter a valid VAT number in the Electronic Order in order to be able to provide an invoice for the issue of a Certificate without VAT. If the Customer does not enter a valid VAT number at the latest on the binding confirmation of the Electronic Order or as a registered Customer in his profile, the subsequent notification of this fact does not have to be accepted by Cocservices BV.

Article 9. Delivery times

  1. Time frames for executing the order and obtaining the Certificate vary and depend on the type, specific make of vehicle and country of first registration.
  2. The delivery times stated for obtaining individual Certificates via the Website are for information purposes only and are subject to the conditions of other business partners of Cocservices BV. The time limit may differ in exceptional circumstances. Given delivery times are therefore never to be regarded as a fatal term.
  3. The waiting time for the transfer of a payment by the Customer is not included in the delivery period determined for the delivery and delivery of the Certificate. The delivery time of the Certificate (delivery service itself by post or courier) is not reflected in the delivery period.
  4. If Cocservices BV is unable to provide the Certificate within the agreed term or if circumstances arise that were unforeseeable at the time of concluding the agreement and that constitute an objective impediment preventing Cocservices BV from meeting the agreed delivery term, the Customer has the right to revoke the contract and Cocservices BV will refund the payment to the Customer without undue delay, at the latest within 14 days, in the same manner as the payment was made.

Article 10. Method of delivery

  1. The Customer will be notified of the delivery of the Certificate by email and/or SMS at least one day before its delivery.
  2. The delivery of the Certificate to the delivery address is provided by Cocservices BV, but the costs of delivery are for the account of the Customer. The delivery costs of the Certificate depend on the method of delivery chosen by the Customer, registered or by courier. The costs are determined in the last step of approval of the Electronic Order by the Customer and must be paid immediately upon placing the order before the Agreement is concluded.
  3. The Customer is obliged to ensure a problem-free receipt of the Certificate; in particular, the Customer will be available on the day of the planned delivery at the telephone number specified for the delivery or be present at the delivery address; in particular, the Customer has a correctly and correctly marked mailbox. If it is not possible to meet this obligation, the Customer is obliged to inform the supplier in advance in order to arrange an alternative delivery date or to specify a replacement who will meet the obligation to take over the Certificate for the original recipient of the delivery. If the Customer fails to do so, the Certificate will be deposited at the nearest collection point, while the Customer will be informed accordingly of the deposit and the possibility to collect the Certificate within a certain period at the respective collection point. If the Customer does not collect the Certificate at the collection point, the Certificate will be returned to Cocservices BV at the Customer's expense and Cocservices BV is not obliged to make any other delivery attempt.
  4. If the Customer refuses to accept the correctly delivered Certificate without giving reasons, the Customer is obliged to reimburse Cocservices BV for the costs incurred by the subsequent return of the Certificate to Cocservices BV.

Article 11. Cancellation of the order

  1. The Customer:
  2. has the right to cancel the order at any time without giving reasons before the payment has been made by the Customer. Once the payment has been made by the Customer, it is no longer possible to cancel the order. This provision does not apply to a Regular Customer, whose order is cancelled after agreement with Cocservices BV, provided that Cocservices BV has not incurred any significant costs in this regard from the date of cancellation;
  3. Cocservices BV shall not have the right to revoke the Electronic Order if the performance of the service has commenced with the express consent of the consumer before the expiry of the revocation period in accordance with, unless the Parties agree otherwise in which case Cocservices BV shall have the right to charge the Customer for the costs reasonably incurred.
  4. Cocservices BV reserves the right to refuse the order or to revoke the Agreement in the following cases:
  5. if the Customer has outstanding obligations from previous periods towards Cocservices BV at the time of placing the Electronic Order;
  6. if the Certificate is not available; or
  7. if Cocservices BV is unable to deliver the Certificate within the agreed term and/or for the agreed fee, for example because the costs that Cocservices BV must incur in order to be able to deliver a Certificate have increased significantly and unless otherwise agreed between the parties; if such a situation occurs, Cocservices BV will immediately inform the Customer thereof, and if the Customer has already made payment, the amount paid will be refunded to the Customer without undue delay and at the latest within 14 days, whereby the costs reasonably incurred and demonstrable by Cocservices BV will be borne by the Customer.

Article 12. Liability

  1. Cocservices BV is solely responsible for the authenticity (originality) of the issued Certificate. Cocservices BV is not liable for the content and accuracy of the Certificate, for which the entity (manufacturer of the vehicle) that issued the Certificate is responsible.
  2. Furthermore, Cocservices BV is not liable for:
  3. delayed delivery of the Certificate caused by the carrier (registered mail or courier); b. delayed delivery of the Certificate caused by the wrong recipient address entered by the Customer;
  4. damage to the delivery caused by the carrier (registered post or courier); d. incorrect data on the Certificate caused by incorrect provision of information or data by the Customer;
  5. loss of delivery caused by the wrong recipient address provided by the Customer;
  6. refusal to register a vehicle based on the Certificate due to non-compliance with the instructions by the Customer.
  7. Cocservices BV is never liable for indirect damage, including personal injury, consequential damage, lost profit, missed savings, damage due to business stagnation and damage as a result of fines or as a result of not meeting delivery deadlines.
  8. The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Cocservices BV.

Article 13. Privacy and personal data

The Customer gives unconditional consent to the processing and use of his personal data in accordance with the legal rules, including the General Data Protection Regulation (GDPR). Personal data provided by the Customer to Cocservices BV will be processed by Cocservices BV exclusively in accordance with the privacy policy of Cocservices BV: https://www.cocservices.nl/link-naar-online-privacybeleid.

Article 14. Applicable law and choice of forum

  1. All Agreements concluded and to be concluded by Cocservices BV are exclusively governed by Dutch law.
  2. All disputes – including those that are considered as such by only one of the Parties – that arise from an Agreement to which these conditions apply in whole or in part, or from other Agreements that are a consequence of such an Agreement, will be settled by the competent court in the district of the place of business of Cocservices BV, unless a mandatory statutory provision opposes this. This does not affect the fact that Cocservices BV can agree with the Customer to have the dispute settled by means of independent arbitration.
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