Terms & Conditions

General terms and conditions of CoolBerry

These are the general terms and conditions of CoolBerry, registered at the Chamber of Commerce under number 42020889, located in 's-Hertogenbosch, the Netherlands (hereinafter: CoolBerry). These terms were last updated on April 5, 2026.

Article 1 — Applicability

  1. 1 These terms and conditions apply to all quotations, agreements and assignments issued or entered into with clients by CoolBerry.
  2. 2 These terms also apply to all subsequent quotations, agreements or order confirmations issued and/or entered into with the same client, regardless of whether they are related to or follow on from previous quotations or agreements.
  3. 3 Amendments to or additions to these terms must at all times be agreed in writing and/or confirmed by CoolBerry and shall only apply to that individual case.
  4. 4 If one or more provisions of these terms are at any time wholly or partially void or annulled, the remaining provisions shall remain fully applicable.
  5. 5 The applicability of any general terms and conditions of the client is explicitly rejected.

Article 2 — Quotations & Proposals

  1. 1 All quotations from CoolBerry are without obligation, unless an explicit acceptance period has been agreed upon.
  2. 2 Drawings, designs, mood boards and other materials provided by CoolBerry as part of a quotation remain the property of CoolBerry and must be returned upon first request if no agreement is reached.
  3. 3 These materials may not be reproduced, published, made available to third parties or used in any other way without the express written consent of CoolBerry.
  4. 4 Materials provided by the client (such as texts, images, logos, fonts) shall be stored by CoolBerry for six months after they have been made available.
  5. 5 The client warrants the accuracy of data, specifications and materials provided and fully indemnifies CoolBerry against errors and/or damages resulting therefrom.
  6. 6 The client indemnifies CoolBerry against all claims by third parties based on infringements of intellectual property rights arising from data, models, images, etc. made available by the client.

Article 3 — Prices

  1. 1 All prices quoted by CoolBerry are in euros and exclude VAT, unless otherwise stated.
  2. 2 If, after the quotation has been issued, one or more cost factors change, CoolBerry is entitled to adjust the agreed price accordingly.
  3. 3 Additional work — work that goes beyond the original brief — will be charged separately and is not included in the original quotation.
  4. 4 CoolBerry shall inform the client of additional costs as soon as reasonably possible.

Article 4 — Execution of the Agreement

  1. 1 CoolBerry shall execute the agreement to the best of its knowledge and ability. The obligations arising from the agreement are best-efforts obligations, unless the nature of the obligation clearly constitutes an obligation of result.
  2. 2 CoolBerry determines the manner in which the agreed services will be performed.
  3. 3 CoolBerry has the right to have certain work carried out by third parties, after notifying the client. The client indemnifies CoolBerry against liability for damages resulting from errors or shortcomings by such third parties.
  4. 4 Deadlines and delivery dates specified by CoolBerry are indicative and do not constitute strict deadlines. Exceeding a deadline does not entitle the client to compensation or dissolution of the agreement.
  5. 5 If CoolBerry cannot perform the agreed service because the client does not provide the necessary cooperation, the client is responsible and in default. CoolBerry is entitled to compensation for costs incurred and damages suffered.

Article 5 — Payment

  1. 1 The payment term is 14 days after the invoice date, unless agreed otherwise in writing.
  2. 2 All payments must be made without any deduction or set-off. The client's right to suspend or set off is explicitly excluded.
  3. 3 CoolBerry has the right to suspend execution of existing agreements until full payment of overdue invoices has been received.
  4. 4 CoolBerry is also entitled to invoice after partial delivery.
  5. 5 If the payment term is exceeded, the client is in default by operation of law. From the day of default, the client owes interest of 1.5% per month on the outstanding amount.
  6. 6 If, after notice of default, the client fails to pay, the client owes a penalty of 15% of the outstanding amount (minimum €750).
  7. 7 All judicial and extrajudicial collection costs shall be borne by the client.

Article 6 — Liability

  1. 1 CoolBerry excludes all forms of liability for damages suffered by the client, unless the client demonstrates that the damages are the result of intentional or grossly negligent action by CoolBerry.
  2. 2 CoolBerry is in no event liable for consequential damages, including but not limited to loss of profits, lost revenue, or business interruption.
  3. 3 CoolBerry is not liable for damage to or depreciation of any goods, the website and/or the content thereof of the client.
  4. 4 Should CoolBerry be liable in a given case, the amount of compensation is limited to the coverage provided by CoolBerry's insurance, plus the applicable excess.
  5. 5 If the insurance does not provide coverage, the total liability of CoolBerry is limited to the invoice amount (excluding VAT) related to the assignment in question, with a maximum of €10,000.
  6. 6 The client indemnifies CoolBerry against all third-party claims related to the performance of the agreement, regardless of the cause.
  7. 7 Damage claims must be filed by the client within one year of the liability claim. After this period, the right to compensation expires.
  8. 8 CoolBerry is not liable for damages resulting from digital provision of data via email or the internet, including but not limited to viruses, trojans, hacking, or other forms of data compromise.

Article 7 — Force Majeure

  1. 1 Force majeure on the part of CoolBerry exists if CoolBerry is prevented from fulfilling its obligations due to war, riots, terrorism, fire, water damage, epidemic or pandemic, strikes, government measures, failures in the supply of energy, or all other causes beyond CoolBerry's control.
  2. 2 In the event of force majeure, the delivery deadlines shall be extended by the period during which CoolBerry is prevented from fulfilling its obligations.
  3. 3 If delivery is delayed by more than one month due to force majeure, both CoolBerry and the client are entitled to dissolve the agreement for the unperformed part.
  4. 4 Neither CoolBerry nor the client shall be liable for or owe damages upon termination of the agreement as a result of force majeure.

Article 8 — Intellectual Property

  1. 1 Unless otherwise agreed, all intellectual and/or industrial property rights in respect of products and/or services produced by CoolBerry rest exclusively with CoolBerry.
  2. 2 Working drawings, illustrations, designs, design sketches and other materials or (electronic) files created in the context of the agreement remain the property of CoolBerry.
  3. 3 If the client fully meets their obligations towards CoolBerry, the client obtains a non-exclusive and non-transferable right of use for the products and/or services delivered by CoolBerry for the agreed purpose and duration.
  4. 4 Without the express written consent of CoolBerry, products, goods and/or rights arising from or relating to the delivered products and/or services may not be reproduced, transferred and/or made public.
  5. 5 CoolBerry is at all times entitled to display its name on or near the products and/or services produced by CoolBerry. The client may not publish these products and/or services without mentioning CoolBerry's name.
  6. 6 The client indemnifies CoolBerry against all claims by third parties regarding intellectual and/or industrial property rights as well as any portrait rights related to materials provided by the client.

Article 9 — Termination

  1. 1 If an agreement with CoolBerry has the character of a continuing performance contract for an indefinite period, it may be terminated at any time with a notice period of 3 months.
  2. 2 If the client fails to meet any obligation towards CoolBerry, CoolBerry is entitled to: demand advance payment, suspend deliveries, or dissolve the agreement wholly or partially.
  3. 3 In the event of dissolution or cancellation by the client, CoolBerry is entitled to compensation. The amount of compensation depends on the time elapsed between the conclusion of the agreement and the cancellation date.
  4. 4 Cancellation 8 weeks before start: 20% of the order amount.
  5. 5 Cancellation 4 weeks before start: 40% of the order amount.
  6. 6 Cancellation 2 weeks before start: 60% of the order amount.
  7. 7 Cancellation after the agreed delivery date: 100% of the order amount.

Article 10 — Complaints

  1. 1 The client must report complaints of any kind in writing to CoolBerry, stating the reasons. A complaint does not entitle the client to suspend or set off their obligations.
  2. 2 Visible defects must be reported immediately upon delivery. Failure to do so means the delivered work is deemed correct and accepted.
  3. 3 In the case of non-visible defects, the client must complain in writing within 5 working days of discovery.
  4. 4 All other complaints must be reported within the agreed payment term, failing which the right to complain expires.

Article 11 — Applicable Law & Jurisdiction

  1. 1 All legal relationships between CoolBerry and the client are exclusively governed by Dutch law.
  2. 2 All disputes arising from or in connection with these terms shall be submitted to the competent court in the district of Oost-Brabant, 's-Hertogenbosch, the Netherlands.
  3. 3 CoolBerry is at all times entitled to bring the dispute before the competent court in the jurisdiction where the client is established.