Terms and Conditions
You should read these terms and conditions (“Terms”) carefully as they affect your rights and liabilities under the law and set out the terms under which BY COCOON LTD (“COCOON”, “we” and “us”) makes the goods available to you.
1. Use of this Website
This Website is provided to you free of charge for your personal use subject to these Terms. By using this Website you agree to be bound by these Terms. All orders and purchases made on this Website will also be governed by these Terms and will be between you and BY COCOON LTD. Your contract will not under any circumstances be with any other party, including any retailer whose web Website may have directed you to this Website. THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS.
The prices payable for the items that you order are clearly set out in the web Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in EUROS or USD or and are expressed exclusive of VAT and any local taxes that may fall due.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that we accept your order, by dispatching the goods (and not before), a contract will be made between you and us. If we decline to supply goods and payment has already been taken from your credit or debit card, we shall credit your credit or debit card with the price of the goods within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered. If there is a problem with your order in terms of availability of the goods or our ability to deliver, we shall contact you by telephone or email as soon as reasonably practicable. If the goods that you ordered are not available, we reserve the right to substitute goods of a similar specification and quality.
5. Delivery and Acceptance
Delivery will be made to the address specified by you on the completed order form. Once goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction. All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address. Once the goods are delivered to you you have 7 working days to inspect the goods. If you do not inspect the goods within 7 days and the goods are damaged, or we shipped you the wrong product, etc, we will not send you a replacement. We shall use our best endeavours to secure delivery within 30 days of the delivery date for our genuine products and maybe subject to delivery times up to 120 days for custom made items, like coloured taps, basins and bathtubs but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control. If you order items with different availability dates, we will hold all the items until the last item is delivered. You may, however, choose to have each item delivered separately and we reserve the right to charge you a delivery charge each time. If our couriers cannot make a delivery you will be contacted by both ourselves and the couriers to arrange a re-delivery or pick up. If you do not respond and the items are returned to ourselves you may be subject to a charge. If the item needs re-delivering there will also be a re-delivery charge. Photographs may be asked for a form of identifying any issues with the order, please mail the pictures (.jpeg files of 2 Mb.) together with the order number to: [email protected]
You have the right to cancel your order up to 14 days after the day following the delivery by contacting us using our customer support: [email protected] If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with paragraph 7 below and we will credit your credit or debit card with the price of the goods within 30 days beginning with the day on which notice of cancellation was given. If you do not return the goods within 21 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web Website. This does not affect your statutory rights.
7 . Damaged goods / products with factory defect / returns
If you want to return goods for any reason, this should be done within 14 days from the date of delivery. In all cases you first must contact the customer care center ([email protected]), before you arrange the return of the article, to get approval for this. Please add the invoice number in this email. Please note that we can not process the credit of the article without this approval. COCOON can not be responsible for returned goods that we have not received. We, therefore, advise you to send the package insured, and ask for proof of delivery. Where goods, which have no product fault, are returned, you will be refunded after inspection, if the goods are returned in the original packaging and are in exactly the same condition as how you received them from us. If you receive goods that do not match your order, please e-mail our customer service center with the invoice number, a brief description of the problem and clear photos to [email protected]. We will then, if desired, send a replacement item. COCOON is responsible for the return costs of the incorrect goods. If you receive goods that are defective (factory error) or damaged during shipping, please e-mail our customer support center ([email protected]) with a brief description of the problem, the invoice number, the product codes and clear photos. COCOON does not take defective/damaged goods in return. You will have to destroy the defective/damaged goods or keep any yourself. NOTE: COCOON is not liable for the additional costs of the parts not supplied by us / additional cost of working to rectify the problem without COCOON has given written approval here. In all the above cases, you should contact the Customer Service Department via [email protected]
You can pay by any American Express, MasterCard or Visa credit card and Maestro debit cards as well as Paypal and bank transfer. Your credit-debit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of order. Our liability to you in connection with any order will not exceed the total price charged for the goods.
9. Intellectual Property
The content of this Website is protected by copyright, trademarks and other intellectual property rights. You may retrieve and display the content of this Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Website without written permission from COCOON. No license is granted to you in these Terms to use any trademark of COCOON.
10. Availability of this Website
Although COCOON aims to offer you the best service possible, COCOON makes no promise that the services at this Website will meet your requirements. COCOON cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can. If you have any suggestions as to how we may improve the Website, please contact Customer Services who will be pleased to hear from you. Your access to this Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
11. Dimensions and installation of sanitary from COCOON
We advise you not to book any plumbers/installers until you completely received your order at home. (see paragraph 12. Liability) We advise you to let your product be installed by a qualified plumber/installer (see paragraph 12. Liability) All sizes given are approximate and a guide only.
The installation of our products should be thoroughly tested by the plumber/installer before closing the walls. COCOON accepts no liability or costs in changing malfunctioning products in case the walls are already closed without testing.
12. Our liability
This Website is provided by COCOON without any warranties or guarantees. You must bear the risks associated with the use of the Internet. In particular, we disclaim all liabilities in connection with the following: Incompatibility of this Website with any of your equipment, software or telecommunications links. Technical problems including errors or interruptions of this Website. Unsuitability, unreliability or inaccuracy of this Website. Inadequacy of this Website to meet your requirements. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via [email protected] of the problem within 7 working days of the delivery of the goods in question. If you do not receive goods ordered by you within 30 days of the original delivery date-indication, we shall have no liability to you unless you notify us in the mail ([email protected]) of the problem within 40 days of the date on which the goods original delivery date. If you notify a problem to us under this condition, our only obligation will be, at your option: To make good any shortage or non-delivery; To replace or repair any goods that are damaged or defective; or To refund to you the amount paid by you for the goods in question in whatever way we choose. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Website. COCOON is not liable for the additional costs of the parts not supplied by us / additional cost of work to rectify the problem without COCOON has approved this in mail.
13. Third-Party Websites
This Website includes links to other web Websites or material which are beyond its control. COCOON is not responsible for content on the Internet or World Wide Web pages, or any other Website outside this Website.
These Terms shall be governed by and construed in accordance with the laws of Malta and any disputes will be decided only by the Maltese courts. If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
15. International Use
COCOON makes no promise that materials on this Website are appropriate or available for use in locations outside the European Union, and accessing this Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside the European Union, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms. If you breach these Terms and COCOON ignores this, COCOON will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms. COCOON shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control. A person who is not a party to these Terms shall have no right to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that law.
18. Customer Services
If you have an order query, contact us using our online enquiry system. This Website is owned and operated by BY COCOON LTD with registered office at 60/2 Melita Street, VLT 11222, Valletta, Malta, a company registered in Malta with registered company number C90001 and VAT registration number MT25967007
19. The COCOON Warranty
Exceptional quality is one of the key factors contributing to COCOON success. We offer a 20-year warranty on our stainless steel taps and accessories and a 5-year warranty on basins and bathtubs against manufacturing or material defects when used in normal domestic applications (excluding serviceable parts, neglect or abuse). The COCOON Warranty period starts from the date on your invoice from COCOON. There will be no exceptions. Within your warranty COCOON offers a warranty on manufacturing and material defects.
Defects as to quality shall not include: Natural wear and tear; typical wearing parts are, in particular, the products offered by COCOON as replacement parts. Upon request, COCOON will provide the customer with a list of replacement parts. Replacement parts such as thermostatic or mixer cartridges, flow control cartridge, ceramic disks, o-rings, flow regulators, check valves, aerators, flexible hoses, etc, are not covered by the COCOON warranty.
Qualities of the goods or damage resulting if the product (s) are not properly installed, maintained and used in accordance with our instructions/manuals and advice. I.e. intentional damage, damage caused during installation, damage due to poor maintenance, damage due to pollution, poor water quality and / or calcification, damage by the use of detergents, damage by adjusting the product, damage by adding / editing products other than products of COCOON, damage due to weather conditions (frost, moss, heat, etc.), your COCOON Warranty will expire with immediate effect.
Qualities of the goods resulting from colour differences. Due to the natural characteristics of our finishings, color differences may occur. I.e. the PVD colors applied on stainless steel may vary in color between components and products and may also change or defuse over time. Natural stone and wood are natural products and they are prone to variations in color, pattern, and density that actually add to the beauty and charm of the material. As always, all customers are invited and encouraged to view and approve their specifics slabs before fabrication. COCOON makes no warranty of any differences between samples and the delivered products. COCOON liability is limited to the repair or replacement of the defective natural stone piece only, subject to the availability of the stone color. If the color is no longer available, liability is limited to the cash value of the installed piece based on current square meter prices if we determine that a satisfactory repair cannot be made. This warranty also does not cover products that have been moved from their original installed location and does not include natural characteristics of stone such as color variation, water lines, surface marks, fissures, pinholes, resin imperfections such as haze or dimples, or natural aging. Nor does it cover damage caused by items out of our control such as staining, settlement, fire or acts of nature.
Qualities of the goods resulting from scratches and/or stains. Scratches and stains are a natural characteristic of our brushed stainless steel, natural stone, solid surface, and wood and result from regular wear and tear and in our believe only contribute to the raw character of our product surfaces. Cleaning pieces of advice as stated in our product manuals should be followed.
Qualities of the goods or damage resulting from force majeure, from extraordinary external impacts that are not intended according to the contract or from the goods being used in a manner which does not correspond to their contractually intended or customary use. Claims for defects as to quality shall not exist if the goods are altered by a third party unless the alteration did not cause the defect or the third party was expressly instructed by COCOON.
A repair or replacement delivery shall not result in the Warranty Period starting anew. This warranty does not affect your statutory rights. If any of the provisions above are contrary to any relevant legislation, then that provision shall be deemed to be excluded from the warranty and the rest of the provision(s) will apply.