SKINLIST

Terms&Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the trader

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Continuing transactions: duration, termination and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the trader;
Day: calendar day;
Continuing transaction: a distance agreement relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's right to withdraw from the distance agreement within the cooling-off period;
Model withdrawal form: the model form for withdrawal provided by the trader which a consumer can complete when wishing to exercise the right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 - Identity of the trader

SKINLIST
T (064) 145 68 43
E info@skinlist.nl
Chamber of Commerce number: 86603728
VAT identification number: NL004287051B13

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance agreement and order concluded between the trader and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions are available for inspection at the trader and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;
any delivery costs;

the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for acceptance of the offer, or the period within which the trader guarantees the price;
the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement is archived after its conclusion, and if so how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided in the context of the agreement before the agreement is concluded;

any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a continuing transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may — within legal limits — investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If the trader has good grounds on the basis of this investigation not to enter into the agreement, they are entitled to refuse an order or application with reasons, or to attach special conditions to the performance.
The trader shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:

a. the address of the trader's establishment where the consumer can go with complaints;
b. the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
For delivery of products:

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise the right of withdrawal, they will return the product with all supplied accessories and — if reasonably possible — in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise the right of withdrawal, they are required to notify the trader within 14 days of receipt of the product. The consumer must do so using the model form. After notifying the trader of the wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the goods have been returned in time, for example by means of proof of shipment.
If the customer has not notified the trader of the wish to exercise the right of withdrawal or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

For delivery of services:

When providing services, the consumer has the right to dissolve the agreement without giving reasons for a period of at least 14 days, commencing on the day the agreement is entered into.
To exercise the right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader at the time of the offer and/or no later than the time of delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the costs of the return shipment shall be borne by the consumer.
If the consumer has paid an amount, the trader shall refund the full order amount, excluding the original shipping costs, as soon as possible but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive proof of complete return shipment can be provided.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. that have been produced by the trader in accordance with the consumer's specifications;
b. that are clearly of a personal nature;
c. that cannot be returned by their nature;
d. that can deteriorate or expire quickly;
e. whose price is tied to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning bets and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are tied to fluctuations in the financial market and over which the trader has no influence, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 - Conformity and Warranty

The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or fitness for purpose and the statutory provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the trader also warrants that the product is suitable for use other than normal.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Return of the products must be made in the original packaging and in a new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader's instructions and/or have been treated contrary to the instructions on the packaging;

The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will carry out accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
All delivery times are indicative. No rights can be derived from any stated times. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the trader's account.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, termination and renewal
Termination

The consumer may terminate an agreement entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at any time before the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be restricted to termination at a specific time or in a specific period;
at least in the same manner as they were entered into;
always with the same notice period as the trader has stipulated for themselves.

Renewal

An agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and which relates to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement entered into for a definite period and which relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular but less than once-monthly delivery of daily, news and weekly papers and magazines.
An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader is entitled, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the trader fully and clearly within 7 days after the consumer has identified the defects.
Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.
If a complaint cannot be resolved by mutual agreement, the consumer may submit the dispute via the European ODR platform: https://ec.europa.eu/odr. SKINLIST is not affiliated with an accredited dispute resolution body.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.