Terms of service
TERMS OF SERVICE
The terms contained herein (the “Terms of Use”) concern access to and use of the Site. By using the Site, the User fully and completely accepts the Terms of Use. It is important to read these Terms of Use together with our Privacy Policy and Legal Notice.
TABLE OF CONTENTS
- Definitions
- Disclaimer
- Advice
- Terms & Condition
1. DEFINITIONS
The Skin Counter: established under Dutch law, based in Rotterdam (The Netherlands) and registered with the Chamber of Commerce under file number 73475459, trading under the trade name “The Skin Counter”.
Site: the website www.theskincounter.com and all of its sub-domains.
User: any individual visitor to the Site or recipient of specific content such as ads, e-mail or newsletters in relation to The Skin Counter.
2. DISCLAIMER
The Site is subject to Dutch law. The information on this Site is offered on an as is basis. This means that The Skin Counter does not provide any guarantees or accept any liability regarding the accuracy or completeness of any information on the Site. Under no circumstances will The Skin Counter or its subsidiaries or affiliates be liable for any direct, incidental or consequential damages, or any claims for compensation arising from access to or use of the Site.
3. ADVICE
The advice provided by The Skin Counter has been compiled with the greatest possible care. However, it is not medical advice, nor do we provide diagnoses or medical advice from which rights can be derived. If you are looking for medical advice for your skin problem, please make an appointment with a doctor or dermatologist.
Always follow the instructions on the packaging or the product description on our website. Be careful when applying products to sensitive skin and discontinue use of a product if it causes the following reaction: redness, pain, scaling, irritation, burning. If you are allergic to a particular ingredient, always check the ingredient list on the packaging. If you are dissatisfied with a product, please contact our customer service team.
More importantly, since everyone's skin can and probably will react to external stimuli at some point, any product can cause an adverse skin reaction at some point. Even combining different skin products can negatively affect efficacy. The Skin Counter will make recommendations based on the questionnaire to minimize the chance of irritation. If you do become hypersensitive to a particular product, stop using it immediately and see your doctor. If you need medical advice for your skin, see a doctor or dermatologist.
The information provided by The Skin Counter is not equivalent to a personal consultation with a medical professional and should not be interpreted as such.
WARNING: Information about ingredients used in cosmetic products displayed on the site is not intended as advice or recommendation regarding the use of cosmetic products. If you have any questions regarding your use of a cosmetic product, please consult the labels on the product, contact us or the manufacturer of the product and/or consult a physician. The ingredient list is for informational purposes only and no rights can be derived.
Under no circumstances will The Skin Counter be liable for any damage resulting from any loss resulting, directly or indirectly, from the use, function or performance of the Site, or any services in connection therewith, or any contents contained therein, unless such damage was proximately caused by the gross negligence or an intentional act of The Skin Counter and/or its employees.
The Site may feature links to other websites. If these links refer to web pages outside of the The Skin Counter domain, such web pages are not administered by The Skin Counter and The Skin Counter will not be responsible for the contents of such web pages.
By communicating with The Skin Counter through the Site, or uploading any information and/or materials to the Site, the User authorizes The Skin Counter to use this information for the purpose for which the User has made this information available to The Skin Counter. For example, if a User subscribes for the newsletter, the User accepts that it may receive correspondence from The Skin Counter.
All intellectual and other property rights, such as text, graphics, images, icons and trademarks and trade names, featured in the information and materials on the Site are owned by The Skin Counter and/or its licensors. Access to this information does not entitle the User to any rights. You may not use our trademarks in connection with any product or service in any way that is likely to cause confusion.
You are fully responsible for the truthfulness, accuracy and completeness of the information you upload, share with or send to the Site.
The Skin Counter reserves the right to modify this disclaimer from time to time. Your continued access and use of the Site after making such modifications and posting the updated disclaimer on this web page will constitute your unconditional acceptance of such modifications.
The Terms of Use was last amended on 12-2-2023.
4. TERMS & CONDITION
General
1.1. These General Terms and Conditions apply to every offer made by The Skin Counter and to every agreement concluded between The Skin Counter and consumers. The terms and conditions are accessible to everyone and included on the internet site of The Skin Counter. We will send you a written copy upon request.
1.2. By placing an order you indicate that you agree with the terms and conditions of delivery and payment. The Skin Counter reserves the right to change its delivery and / or payment terms after the expiry of the term.
1.3. Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by The Skin Counter.
1.4. The Skin Counter guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
Delivery
2.1. Delivery takes place while stocks last.
2.2. Under the rules of distance selling, The Skin Counter will execute orders at least within 30 days, unless another delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be performed, then the consumer receives notice within 1 month after placing the order and in that case he has the right to cancel the order without cost and notice.
2.3. The delivery obligation of The Skin Counter will, subject to proof to the contrary, be fulfilled once the goods delivered by The Skin Counter once offered to the customer. In case of home delivery the carrier's report, containing the refusal of acceptance, serves as full evidence of the delivery offer.
2.4. All terms mentioned on the internet site are indicative. No rights may therefore be derived from the periods stated.
2.5. The customer is responsible for providing the correct information when placing an order.
3. Prices
3.1. Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2. All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3. All prices on the site are in Euros and include 21% VAT.
Sight period / right of withdrawal
4.1. If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving reasons. This period begins when the ordered goods have been delivered. The buyer is obliged, before proceeding to return, within the period of 14 days after receipt to notify The Skin Counter in writing and return the goods.
The dissolution of the sale must be done using the return form that can be found under the heading Returns. The product must be returned unused and unopened (properly packaged). In case of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. The entrepreneur will use the same means of payment that the consumer has used for repayment, unless the consumer agrees to another method. The refund is free of charge for the consumer. If, within the trial period of 14 days after receipt, the consumer has not reported to make use of the legal right of return, the purchase is a fact.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 14 days after withdrawal, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The consumer is only liable for depreciation of the product resulting from a manner of handling the product beyond that permitted in the previous paragraph.
The buyer must prove that the delivered goods have been returned in time, for example by means of proof of postal delivery. Return of the goods must be in the original packaging (including accessories and documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, then The Skin Counter reserves the right to charge depreciation. Subject to the provisions of the previous sentence, The Skin Counter will arrange for a refund within 14 days after proper receipt of the return shipment or 14 days after proof of return (the contents of the return shipment must be explicitly mentioned on the proof of shipment). When returning the entire purchase, the full purchase amount including any shipping and / or payment costs will be refunded to the customer. When returning only part of the purchases received, only the purchase value of the returned items will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2. The right of withdrawal does not apply to:
- service contracts, after full performance of the service, and only when the performance has begun with the express prior consent of the consumer and the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
- goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no control and which may occur within the withdrawal period
- goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
- products whose shelf life has expired within the 14-day withdrawal period (spoilage).
- sealed products which are not suitable to be returned for health or hygiene reasons and of which the seal has been broken after delivery
- cosmetic products that have been opened.
- For goods or services which by their nature cannot be returned, e.g. for reasons of hygiene or which spoil or age quickly.
Data management
5.1. If you place an order with The Skin Counter, your data will be included in the customer database of The Skin Counter. The Skin Counter abides by the Data Protection Act and will not provide your data to third parties. See our Privacy Policy.
5.2. The Skin Counter respects the privacy of the users of the Internet site and ensures confidential treatment of your personal data.
5.3. The Skin Counter sometimes uses a mailing list. Each mailing includes instructions on how to remove yourself from this list.
Warranty and conformity
6.1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
6.2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader in respect of a shortcoming in the performance of the trader's obligations under the law and/or the distance contract.
6.3. If it appears that the delivered goods are wrong, defective or incomplete, then the customer (before proceeding to return them to The Skin Counter) must report these defects to The Skin Counter in writing within 2 weeks after discovery of the defect. Goods must be returned in their original packaging (including accessories and accompanying documentation). Commissioning after the discovery of defects, damage occurring after the discovery of defects, encumbrance and/or resale after the discovery of defects, makes this right to complain and return null and void.
6.4. If The Skin Counter finds the complaints of the consumer justified, The Skin Counter will repair or replace the delivered goods free of charge at the choice of the consumer. Any liability of The Skin Counter for damages is limited to a maximum of the invoice amount of the goods concerned, or (at the discretion of The Skin Counter) to the maximum amount covered by The Skin Counter's liability insurance in the case in question. Any liability of The Skin Counter for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to lost profits.
6.5. The Skin Counter is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6. This warranty does not apply if: A) and as long as the Customer is in default towards The Skin Counter; B) the Customer has repaired and/or modified the delivered goods itself or had them repaired and/or modified by third parties. C) the delivered goods are exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of The Skin Counter and / or instructions on the packaging;
Offers
7.1. Offers are without obligation, unless otherwise stated in the offer.
7.2. Verbal commitments are binding on The Skin Counter only after they have been expressly confirmed in writing.
7.3. Offers of The Skin Counter do not automatically apply to repeat orders.
7.4. The Skin Counter cannot be held to its offer if the Buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.5. Supplements, amendments and/or further agreements are only effective if agreed in writing.
7.6. By agreeing to the general terms and conditions, the customer automatically agrees to the action conditions associated with the Black Friday Promotion.
8. Agreement
8.1. An agreement between The Skin Counter and a customer is established after an order has been assessed for feasibility by The Skin Counter.
8.2. The Skin Counter reserves the right not to accept orders or assignments without giving reasons.
9. Images and specifications
9.1. All images; photographs, drawings etc.; including data regarding weights, dimensions, colors, images of labels, etc. on The Skin Counter's internet site are approximate only, are indicative and cannot be a reason for compensation or dissolution of the contract.
Force Majeure
10.1. The Skin Counter is not liable if and insofar as its commitments cannot be fulfilled due to force majeure.
10.2. Force majeure shall mean any strange cause, as well as any circumstance, which reasonably should not be at its risk. Delay at or failure to perform by our suppliers, Internet failures, electricity failures, e-mail traffic failures and malfunctions or changes in technology provided by third parties, transportation difficulties, strikes, government measures, delays in supply, negligence by suppliers and / or manufacturers of The Skin Counter as well as auxiliaries, illness of staff, defects in auxiliary or transport equipment are expressly considered force majeure.
10.3. In case of force majeure The Skin Counter reserves the right to suspend its obligations and is also entitled to rescind the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. In no event shall The Skin Counter be liable to pay any penalty or damages.
10.4. If at the commencement of the force majeure The Skin Counter has already partially fulfilled its obligations, or can only partially fulfil its obligations it is entitled to separately invoice the part already delivered or the deliverable part and the Buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.
Liability
11.1. The Skin Counter is not liable for damage to vehicles or other objects caused by improper use of the products. Please read the instructions on the packaging and / or consult our website.
11.2. The Skin Counter is not liable for the loss of packages or incorrect delivery of orders, when the customer gives a wrong address with an order.
Complaints procedure
1. The operator has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
5.If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall The Skin Counter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, loss of income, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the service or any product obtained using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
Applicable law/competent court.
14.1. All agreements shall be governed by Dutch law.
14.2. Disputes arising from an agreement between The Skin Counter and the Buyer, which cannot be resolved by mutual consultation, shall be heard by the competent court within the district of Rotterdam, unless The Skin Counter prefers to submit the dispute to the competent court in the place of residence of the Buyer, with the exception of those disputes that fall under the jurisdiction of the magistrate.