NOW LIVE – JOIN the club

At Cobra Club, we believe it’s important to keep agreements clear and transparent. In these terms and conditions, you’ll find exactly what to expect when placing an order with us or using our services. We clearly explain the rules that apply, your rights, and the responsibilities we carry. This way, we ensure a smooth and fair collaboration for both parties.

Do you have any questions after reading the terms and conditions? Feel free to contact us at info@cobraclub.eu.

TERMS & CONDITIONS

Definitions

In these terms and conditions, the following words shall have the meanings set out below, unless the context clearly indicates otherwise:

Cooling-off period means the period within which a consumer may exercise their right of withdrawal;

Consumer means the natural person who is not acting for purposes related to their trade, business, craft, or profession;

Day means calendar day;

Digital content means data produced and supplied in digital form;

Durable data carrier means any tool—including email—that enables a consumer or Cobra Club to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;

Right of withdrawal betekent de mogelijkheid voor een consument om binnen de bedenktijd af te zien van de overeenkomst op afstand;

Distance contract means a contract concluded between Cobra Club and a consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, where up to and including the conclusion of the contract, one or more means of remote communication are used exclusively or in part;

Withdrawal form means the form included in the Appendix of these terms and conditions that a consumer can use to withdraw from the distance contract within the cooling-off period;

Cobra Club means the company Cobra Club V.O.F., established in Amsterdam and registered in the Trade Register of the Chamber of Commerce under number 96450894; 

Website means the website of Cobra Club, being www.cobraclub.eu. 

1. Applicability

  1. These terms and conditions apply to every offer made by Cobra Club and to every distance contract concluded between Cobra Club and a consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, Cobra Club will, prior to concluding the distance contract, indicate how the consumer can access the terms and conditions electronically and that they will be sent free of charge to the consumer, either electronically or by other means, upon request.
  3. In the event that, in addition to these terms and conditions, specific product or service terms also apply, the latter shall apply accordingly, and in case of conflicting provisions, the consumer may always invoke the provision that is most favorable to them.

2. Offer

  1. Obvious mistakes or manifest errors in the offer of products, digital content, and/or services are not binding on Cobra Club.
  2. Each offer includes sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

3. Contract

  1. The contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
  2. If the consumer has accepted the offer electronically, Cobra Club will promptly confirm receipt of the acceptance of the offer electronically.

4. Right of Withdrawal

  1. The consumer may withdraw from a contract concerning the purchase of a product within a cooling-off period of 14 days without providing any reason.
  2. The cooling-off period referred to in paragraph 1 begins the day after the consumer, or a third party designated in advance by the consumer, other than the carrier, has received the product, or:
  3. If the consumer has ordered multiple products in the same order: the day on which the consumer or a third party designated by them, other than the carrier, has received the last product. Cobra Club may, provided that the consumer has been clearly informed of this prior to the ordering process, refuse an order of multiple products with different delivery times;
  4. If the delivery of a product consists of multiple shipments or components: the day on which the consumer or a third party designated by them, other than the carrier, has received the last shipment or component; or
  5. For contracts involving the regular delivery of products over a certain period: the day on which the consumer or a third party designated by them, other than the carrier, has received the first product.
  6. The consumer may withdraw from a service contract and a contract for the supply of digital content not provided on a tangible medium within 14 days without giving any reason.
  7. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.

5. Handling of the Product During the Cooling-Off Period

  1. During the cooling-off period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The principle is that the consumer may handle and inspect the product only as they would be allowed to do in a physical store.
  2. The consumer is liable for any decrease in the value of the product resulting from handling the product in a manner that exceeds what is permitted under paragraph 1.

6. Exercising the Right of Withdrawal

  1. When the consumer exercises their right of withdrawal, they must notify Cobra Club within the cooling-off period by means of the withdrawal form or in another clear and unambiguous manner.
  2. As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) Cobra Club. This is not required if Cobra Club has offered to collect the product itself. The consumer will be deemed to have complied with the return period if they return the product before the cooling-off period expires.
  3. The consumer must return the product with all supplied accessories, reasonably in its original condition and packaging, and in accordance with the instructions provided by Cobra Club.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the performance of the service begins during the cooling-off period, the consumer owes an amount proportionate to the part of the obligation already performed by the entrepreneur at the time of withdrawal, compared to full performance of the obligation.

7. Obligations of Cobra Club in Case of Withdrawal

  1. If Cobra Club allows the consumer to make the withdrawal notification electronically, it will promptly send a confirmation of receipt after receiving the notification.
  2. Cobra Club will reimburse all payments made by the consumer, including any delivery costs charged by Cobra Club for the returned product, without undue delay but no later than 14 days from the day the consumer notifies them of the withdrawal. Unless Cobra Club has offered to collect the product itself, it may wait to refund until it has received the product or the consumer has demonstrated that the product has been sent back, whichever occurs first.
  3. Cobra Club will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund will be free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Cobra Club is not obliged to refund the additional costs for the more expensive method.

8. Exclusion of the Right of Withdrawal

Cobra Club excludes the following from the right of withdrawal:

  1. Service contracts, after full performance of the service, but only if

(i) the performance has commenced with the consumer’s explicit prior consent, and (ii) the consumer has acknowledged that they will lose their right of withdrawal once Cobra Club has fully performed the contract.

  • Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.
  • Products that are perishable or have a limited shelf life.
  • Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.
  • The supply of digital content not provided on a tangible medium, but only if (i) the performance has commenced with the consumer’s explicit prior consent, and

(ii) the consumer has acknowledged that by doing so they will lose their right of withdrawal.

9. Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, Cobra Club may offer products and/or services whose prices are tied to fluctuations in the financial market and are beyond the entrepreneur’s control at variable prices. This link to fluctuations and the fact that any stated prices are indicative will be specified in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if Cobra Club has stipulated this and: 
  5. deze het gevolg zijn van wettelijke regelingen of bepalingen; of
  6. The consumer has the right to terminate the agreement as of the day the price increase takes effect.
  7. The prices stated in the offer of products and/or services include VAT

10. Performance of the Agreement and Additional Warranty

  1. Cobra Club guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.
  2. No claims can be made under paragraph 1 of this article in the following cases: (i) damage caused by intent or negligence, (ii) normal wear and tear, and/or (iii) damage resulting from failure to follow the instructions for use or usage guidelines correctly
  3. Any additional warranty provided by Cobra Club’s supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against Cobra Club under the agreement, in the event that Cobra Club fails to fulfill its part of the agreement.
  4. Additional warranty refers to any commitment by Cobra Club, its supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that go beyond what is legally required in the event of a failure to fulfill its part of the agreement.

11. Execution of the Agreement and Delivery

  1. Cobra Club will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The delivery address shall be the address provided by the consumer to Cobra Club.
  3. The consumer must provide Cobra Club with the correct address and email address. Any changes to these must also be communicated to Cobra Club in a timely manner. If the consumer has provided an incorrect delivery address, any additional shipping costs will be borne by the consumer.
  4. Delivery is subject to availability.
  5. Ownership of the delivered products transfers to the consumer once the amount due has been paid. The risk of the products transfers at the moment of delivery to the consumer.
  6. Cobra Club will execute accepted orders within 30 days at the latest, unless a different delivery period has been agreed upon. The consumer will be notified within 30 days of placing the order if delivery is delayed or if the order cannot be fulfilled, either in full or in part. In such cases, the consumer has the right to terminate the agreement at no cost.
  7. Following termination in accordance with the previous paragraph, Cobra Club will promptly refund the amount paid by the consumer.
  8. The risk of damage and/or loss of products remains with Cobra Club until the moment of delivery to the consumer or a representative previously designated and made known to Cobra Club, unless expressly agreed otherwise.

12. Payment

  1. Unless otherwise specified in the agreement, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or if no withdrawal period applies, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day the consumer receives confirmation of the agreement.
  2. The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to Cobra Club. Payment instructions to giro and banking institutions are at the expense and risk of the person who issues (or authorizes) the payment.

13. Accounts and Registration

  1. The consumer may create an account or otherwise register on the website. Cobra Club reserves the right to refuse such registration or to revoke it, for example in the event of irregularities.
  2. Login credentials are strictly personal and may not be shared with third parties. The consumer is responsible for the use of their login credentials, even if such use occurs without their knowledge.
  3. The consumer must immediately notify Cobra Club if they suspect that their login credentials are known to a third party or if any other irregularities occur.
  4. The consumer is not permitted to request or manage more than one account. Furthermore, the consumer is not permitted to request or manage a new account after Cobra Club has refused their initial registration or has revoked an existing account.

14. Force Majeure

Cobra Club and the consumer are not obliged to fulfill any obligation if they are hindered from doing so due to circumstances beyond their control, and which cannot be attributed to them by law, legal action, or generally accepted standards.

15. Complaints Procedure

  1. Cobra Club has a clearly communicated complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the execution of the agreement must be submitted to Cobra Club as soon as possible after the consumer has discovered the defects, with a complete and clear description.
  3. Complaints submitted to Cobra Club will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Cobra Club will respond within the 7-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

16. Privacy and Security

  1. Cobra Club respects the customer’s privacy. Cobra Club handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation (GDPR). The customer consents to this processing. To protect the customer’s personal data, Cobra Club applies appropriate security measures.
  2. For more information about privacy, please refer to the Privacy Policy available on the Cobra Club website. 

17. Miscellaneous

  1. Any deviations from these terms and conditions may only be agreed upon in writing. No rights can be derived from such deviations with regard to future legal relationships.
  2. Unless proven otherwise, the administration of Cobra Club shall serve as evidence of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication may serve as valid proof. 
  3. Cobra Club is entitled to transfer the rights and obligations under the agreement to a third party by giving you simple notice.
  4. If and to the extent that any provision of these terms and conditions is declared null and void or annulled, the remaining provisions shall remain fully in effect. Cobra Club will then establish a new provision to replace the void/annulled one, taking into account the intent of the original provision as much as possible.

18. Applicable Law

All agreements, and any resulting non-contractual obligations, between Cobra Club and the consumer to which these terms and conditions apply, shall be governed exclusively by Dutch law.

Withdrawal form

Download form