General Terms and Conditions of COLD STEEL Clo 

Article 1 – Scope of application / General

These General Terms and Conditions (“GTC”) apply to all orders placed on www.coldsteelclo.com for the sale of products of COLD STEEL Clo (hereinafter referred to as “COLD STEEL” or the “Seller”) and its customers. Any special contractual agreements between the parties take precedence. By ordering the products, the Customer accepts the GTC as a mandatory part of the contract. Deviations from the GTC are only valid if and insofar as COLD STEEL agrees in writing. Any general terms and conditions of business, purchase, delivery or other terms and conditions of the customer shall not apply. Before placing an order, you should read and understand these GTC.

Article 2 – Definitions

COLD STEEL: a company established under Dutch law, trading under the trade name ”COLD STEEL” (kvk nr: 83444335)

Site: the website www.coldsteelclo.com and all of its sub-domains.

Customer: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with COLD STEEL.

Product(s): the product(s) as offered on the Site. 

Agreement: any arrangement or agreement between COLD STEEL and the Customer of which the General Terms and Conditions form an integral part. 

GTC: the present terms and conditions of COLD STEEL.

Article 3 – Prices and information on the Site

Unless otherwise mutually agreed in writing, the prices are as displayed on the Site and include taxes and other levies imposed by the government. Prices may be adjusted without prior notice and at any time.

The content of the Site is composed of the greatest care. COLD STEEL can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. Such information may be changed at any time.

Article 4 – Product information

COLD STEEL cannot be held responsible for any deviations between the colour of the Product and the colour of the Product as displayed on the Site.

The dimensions of an product listed on the Site are approximate. They are used to describe the model or fit of an item and are not a guarantee of the actual mass of the item you will receive. The actual mass of an item may vary depending on the material used in its manufacture.

COLD STEEL makes reasonable efforts to accurately state the characteristics of the Products, including composition and colours. The colour you see will depend on your computer system and we cannot guarantee that your computer will accurately represent the colours.

Article 5 – Conclusion of the Agreement

By clicking the button “Place Order” you place a binding order for the products in the shopping cart. We will confirm the receipt of your order immediately by email after sending the order. A binding contract is concluded upon receipt of your order confirmation.

If it is found that, in accepting or otherwise entering into the Agreement, the Customer has provided incorrect data, COLD STEEL will have the right to suspend its obligations until the correct data has been received from the Customer.

If the ordered Product can no longer be supplied, COLD STEEL is entitled to deliver a Product which is comparable in nature and quality to the ordered Product. In that case, the Customer will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.

Article 6 – Terms of Shipping   

If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process. 

COLD STEEL is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.

As soon as COLD STEEL has received a Customer’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company.

The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Customer.

COLD STEEL strives to ship orders in the order they are received as quickly as possible. We aim to deliver within 3 to 4 business days after receiving the order confirmation. Although COLD STEEL strives to deliver within the stated time frame, delivery may take longer due to unforeseen events. In the unlikely event that the delivery time exceeds 30 days, we will notify the Customer accordingly. In such event, the Customer can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. COLD STEEL cannot be held liable for any delay in the delivery process.

COLD STEEL ships worldwide. Shipping prices vary and do not include duties, import, export, taxes and/or additional fees, which may also vary from country to country. Payment of such fees is the sole responsibility of the Customer. Note that COLD STEEL does not have control over these fees and cannot predict their amount. For more information, please contact the relevant authorities.

As soon as the Product has been delivered to the delivery address submitted by the Customer, the risk of the Product fully transfers to the Customer.

COLD STEEL advises the Customer to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email. For defects that are detected after this time, COLD STEEL shall only be liable insofar as a complaint in this respect is submitted in writing immediately after discovery, but no later than within 14 days after delivery in writing.

In the event of late notification, the products shall be deemed approved and any warranty shall cease to apply. All further warranty claims of the customer are – as far as legally permitted – explicitly excluded.

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Article 7 – Returns & Refund

The Customer has the right to return the Product within fourteen (14) days after the Product has been delivered to the Customer.

The Customer must inform COLD STEEL of its wish to return the Product by sending an e-mail to info@coldsteelclo.com within the aforementioned period of fourteen (14) days after the Product has been delivered to the Customer. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this e-mail COLD STEEL will provide a Return Authorization number (“RA Number”) to the Customer. After receipt of the RA number, the Customer will have an additional fourteen (14) days to return the Product to COLD STEEL. The Customer must bear the costs for shipping the Products to COLD STEEL.

Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted. 

The Customer is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to COLD STEEL when COLD STEEL has received the Product. This means that COLD STEEL cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). COLD STEEL does not make any exceptions to this policy. 

Insofar as COLD STEEL accepts a return in the sense of this Article 6, the returned Product can be exchanged or refunded as requested by Customer. Any refunds we will automatically be arranged to the account you used for payment within fourteen (14) days.

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Article 8 – Payment 

The Customer shall pay the amounts due to COLD STEEL in accordance with the ordering process and through the payment method selected on the Site. COLD STEEL is free to offer any payment method of its choice and may change these payment methods at any time.

Article 9 – Warranties and Conformity

COLD STEEL warrants that the Products are suitable for their intended use, as described on the Site.

If the delivered Product fails to satisfy the Agreement at delivery COLD STEEL must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product. 

If a Product does not satisfy the Agreement and the Customer has notified COLD STEEL there of within the period mentioned in article 8.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Customer. Complaints after the period mentioned in article 8.2 will not be accepted by COLD STEEL.

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Article 10 – Complaints handling procedure

If the Customer has any grievances in connection with a Product (in accordance with article 8 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of COLD STEEL, it can submit a complaint by email or in writing. The contact details of COLD STEEL are provided at the end of the General Terms and Conditions. COLD STEEL will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If COLD STEEL is unable to formulate a substantive response to the complaint within such period, COLD STEEL will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Customer.

Article 11 – Liability

The total liability of COLD STEEL in respect of the Customer due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs). 

COLD STEEL cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption. 

Except as otherwise explicitly provided for in this Article 10, COLD STEEL is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of COLD STEEL

COLD STEEL will only be liable to the Customer on account of an attributable failure in the performance of an Agreement if the Customer issues a written notice of default to COLD STEEL without delay, stipulating a reasonable period of time in which COLD STEEL has the possibility to remedy the default, and COLD STEEL fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable COLD STEEL to provide an adequate response and/or take adequate action. 

Any event giving rise to compensation is always subject to the condition that the Customer reports the damage or loss in writing to COLD STEEL as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen. 

Article 12 – Retention of title

As long as COLD STEEL has not received full payment for the Products, COLD STEEL will retain the ownership of the Products.

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Article 13 – Personal details and Data Protection

COLD STEEL will process the Customer’s personal data in accordance with the Terms of Use as published on the Site.

Article 14 – Intellectual property rights

All intellectual property rights such as trademarks and copyrights on www.coldsteelclo.com remain with COLD STEEL and its subsidiaries or licensors. Without the consent of COLD STEEL, the Site and its content may only be used for personal and non-commercial purposes. This also includes copying and storing the content, in whole or in part.

Article 15 – Place of jurisdiction and applicable law

The GTC and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of the Netherlands.

Any dispute arising out or in connection with the GTC and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Dutch court in the district where COLD STEEL has its registered office. 

In the event that any of the provisions contained in the GTC will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of COLD STEEL when inserting the original provision.

Article 16 – Final Provisions

Should any provision of these terms and conditions become or be invalid, this shall not affect the validity of the rest of the contract. The contracting parties are obligated to replace the invalid provision with a provision that comes as close as possible to the invalid provision.

These GTC shall enter into force with effect from 1 June 2021. COLD STEEL reserves the right to make changes to the GTC at any time. Such changes shall be notified to the Customer in writing or by other suitable means and become effective without objection within one month after this notification.

Contact details

Should you have any questions, complaints or comments after reading the GTC, or if you need to provide us with notice, please contact us by email or in writing. 

COLD STEEL
Rossinistraat 134
2807 HL Gouda
The Netherlands

E: info@coldsteelclo.com