Terms & Conditions Skins Unlimited
Article 1 - Definitions
In these terms and conditions shall apply:
- Reflection time: The period within which the consumer can exercise his right of withdrawal;
- Consumer: The natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Day: Calendar;
- Length Transaction: A remote agreement with regard to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
- Durable medium: Any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
- Right of Withdrawal: The ability for the consumer to waive the distance contract within the cooling-off period;
- Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to exercise his right of withdrawal.
- EntrepreneurThe natural or legal products and / or remote services and consumer services;
- Distance contractMeans an agreement made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: Means that can be used to conclude an agreement without the consumer and the entrepreneur coming together in the same space.
- Terms & Conditions: The present terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Skins Unlimited
Old IJselstraat 15
Phone number: 020-7372339
E-mail: [email protected]
Chamber of Commerce number: 60010452.
VAT identification number: NL858469819B01
Article 3 - Applicability
- These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
- If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
- Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
- Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.
Article 4 - The offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer is free of charge. The entrepreneur is entitled to change and modify the offer.
- The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and / or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and can not give rise to damages or dissolution of the agreement.
- Images on products are a true and fair view of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the true colors of the products.
- Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- The price including taxes;
- The possible shipping costs;
- The manner in which the agreement will be established and what action is required for this purpose;
- Whether or not it applies to the right of withdrawal;
- The manner of payment, delivery and execution of the agreement;
- The time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
- The level of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used;
- Whether the agreement is archived after the creation, and if so, how it is consulted for the consumer;
- The way in which the consumer can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement;
- Any other languages in which, in addition to the Dutch, the agreement can be concluded;
- The codes of conduct which the entrepreneur has undergone and the way in which the consumer can consult these codes of conduct by electronic means; and
- The minimum duration of the remote agreement in case of a long-term transaction.
Optional: Available sizes, colors, types of materials.
Article 5 - The Agreement
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
- The visiting address of the entrepreneur's establishment where the consumer is entitled to complaints;
- The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- The information about guarantees and existing post-purchase service;
- The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
- The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
- In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
- Any agreement is entered into under the suspensive conditions of sufficient availability of the respective products.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
- The term referred to in paragraph 6.1 shall commence on the day after the consumer, or a third party designated by the consumer, who is not the carrier, received the product, or:
– if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
– if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
Article 7 - Cost in case of revocation
- If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition that the product has already been received is subject to consultation by the web shop or closing proof of complete return.
Article 8 - Exclusion of right of withdrawal
- The entrepreneur may exclude the consumer's right of withdrawal for products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the supplier to the consumer's specifications;
- that are clearly personal in nature;
- that can not be returned due to their nature;
- that spoil or become obsolete;
- whose price depends on fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- For audio and video recordings and computer software that the consumer has broken the seal.
- For hygienic products whose consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- Regarding accommodation, transport, restaurant or leisure activities on a particular date or during a certain period of time;
- Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
- Regarding bets and lotteries.
Article 9 - The price
- During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
- they are the result of legislation or regulations; whether
- The consumer has the power to cancel the agreement as of the date of the price increase.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typing errors. No liability is accepted for the consequences of pressure and error errors. In case of errors and mistakes, the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 - Conformity and Warranty
- The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within X days/weeks after delivery. Return of the products must be in the original packaging and in new condition.
- The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
- The guarantee does not apply if:
- The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
- The products delivered to abnormal conditions have been exposed or otherwise treated with care or contrary to the instructions of the entrepreneur and / or treated on the package;
- The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has informed to the company.
- If you have provided an incorrect address when placing an order, Skins Unlimited not responsible for the wrong delivery of the goods. In such a case, the costs for additional delivery, including additional shipping costs, will be borne by the customer.
- If a package is sent to Skins Unlimited is returned due to an incomplete or unknown address, only the shipping costs will be charged.
- If an incorrect address is entered when placing the order and this results in a return or loss of the package, the customer is responsible for the consequences and resulting costs.
- With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 14 days after repudiation.
- If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Termination and Extension
Termination
- The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Terminate at all times and not be restricted to termination at a particular time or in a certain period;
- At least terminate in the same manner as they have been incurred by him;
- Always terminate with the same notice period as the entrepreneur has undertaken for himself.
Extension
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
- An agreement entered into for a certain period of time and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than Three months in the event of the agreement being scheduled, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
- If an agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month unless reasonable and fairness resists termination before the end of the agreed term.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after commencement of the commencement term as referred to in article 6 member 1. In the event of an agreement to provide a service, this period will be accepted after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
- In case of default by the consumer, the operator subject to statutory limitations, the right to the consumer to spend. Advance reasonable expenses will be made known
Article 14 - Complaints
- The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
- Complaints about the performance of the agreement must be submitted within 7 days in full and clearly defined to the entrepreneur after the consumer has identified the defects.
- Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
- If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
- In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (Stichting WebwinkelKeur).www.webwinkelkeur.nl), it will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both the entrepreneur and the consumer agree with this binding decision. The submission of a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.
Article 15 - Disputes
- Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
- The Vienna Sale Convention does not apply.
Article 16 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
Article 17. Intellectual ownership
The consumer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and/or with regard to the internet site are vested in the entrepreneur, its suppliers or other entitled parties.
Item 18. Persoonsgegevens
The entrepreneur will only process the consumer's data in accordance with its privacy policy. In doing so, the entrepreneur will observe the applicable privacy rules and legislation.
Article 19. Applicable law
Only Dutch law applies to all offers from the entrepreneur, its agreements and the implementation thereof. Applicability of the Vienna Sales Convention is expressly excluded.
Article 20. Links
The entrepreneur's site may contain advertisements from third parties or links to other sites. The entrepreneur has no influence on the privacy policy of these third parties or their sites and is not responsible for it.
Article 21. Right of the consumer
The consumer can always ask the entrepreneur which data about the consumer is being processed. To this end, the consumer can contact the entrepreneur by e-mail. The consumer can also ask the entrepreneur by e-mail to make improvements, additions or other corrections to the consumer's data, which the entrepreneur will process as soon as possible. If the consumer no longer appreciates receiving information, the consumer can inform the entrepreneur of this. Information will only be sent if the consumer has provided his e-mail address for this purpose.