Terms of service

1. General

1.1. These general terms and conditions apply to every offer from The Skin Counter and to every agreement concluded between The Skin Counter and the consumer. The conditions are accessible to everyone and included on the website of The Skin Counter. Upon request, we will send you a written copy.

1.2. By placing an order you indicate that you agree with the delivery and payment conditions. The Skin Counter reserves the right to change its delivery and/or payment conditions 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.

 

1. 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 a different delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the ordered item is not in stock or no longer available), or if there is a delay for other reasons, or if an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice of default.

2.3. Subject to proof to the contrary, The Skin Counter's obligation to deliver will be met as soon as the goods delivered by The Skin Counter have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.

2.4. All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.

2.5. The customer is responsible for providing the correct information when placing an order.

 

1. 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 typing errors.

3.3. All prices on the site are in Euros and include 21% VAT.

 

4.

Trial period / right of withdrawal

4.1. In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts at the moment that the ordered goods have been delivered. The customer is obliged, before proceeding to return, to notify The Skin Counter in writing within the period of 14 days after receipt and to return the items.

Dissolution of the purchase must be done by means of the return form that can be found under the heading Returns. The product must be returned unused and unopened (well packed). In the event of dissolution, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer. If the customer has not reported to make use of the statutory right of return within the trial period of 14 days after receipt, then the purchase is a fact.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. If he makes use of 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 that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.

The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, The Skin Counter reserves the right to charge a reduction in value. With due observance of the provisions of the previous sentence, The Skin Counter shall within 14 days after proper receipt of the return shipment or 14 days after proof of return (the proof of shipment must explicitly state the content of the return shipment), ensure that refund. When returning the entire purchase, the full purchase amount including any calculated shipping and/or payment costs will be refunded to the customer. When only part of the received purchases are returned, only the purchase value of the returned items will be refunded. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded.

Returning the delivered goods is entirely at the expense and risk of the customer.

4.2. The right of withdrawal does not apply to:

- service agreements, after full performance of the service, and only when the performance has started with the express prior consent of the consumer and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

- goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence 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 reflection period of 14 days (spoilage).

- sealed products that are not suitable for return for health or hygiene reasons and of which the seal has been broken after delivery

- cosmetic products which are open.

- for goods or services that cannot be returned due to their nature, for example in connection with hygiene or that can spoil or age quickly

 

5.

Data management

5.1. If you place an order with The Skin Counter, your data will be included in The Skin Counter's customer database. The Skin Counter adheres to the Personal Records Act and will not provide your information to third parties. See our Privacy Policy.

5.2. The Skin Counter respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.

5.3. In some cases, The Skin Counter uses a mailing list. Each mailing contains instructions to remove yourself from this list.

 

6.

Warranty and Conformity

6.1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.

6.2. A scheme offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations under the law and/or or the distance contract.

6.3. If it appears that the delivered item is wrong, defective or incomplete, the customer must report these defects in writing to The Skin Counter (before proceeding to return it to The Skin Counter). Return of the goods must be made in the original packaging (including accessories and accompanying documentation). Putting into use after a defect has been established, damage caused after a defect has been established, encumbrance and/or resale after a defect has been discovered, this right to complain and return lapses entirely.

6.4. If the customer's complaints are found to be well-founded by The Skin Counter, The Skin Counter will repair or replace the delivered goods at the consumer's discretion, free of charge. Any liability of The Skin Counter in the event of damage is limited to a maximum of the invoice amount of the relevant items, or (at The Skin Counter's option) to the maximum amount covered in the relevant case by The Skin Counter's liability insurance. Any liability of The Skin Counter for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.

6.5. The Skin Counter is not liable for damage caused by intent or equivalent conscious recklessness on the part 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 processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or have been treated contrary to the instructions of The Skin Counter and/or instructions for use on the packaging;

 

7.

Offers

7.1. Offers are without obligation, unless stated otherwise in the offer.

7.2. Verbal promises only bind The Skin Counter after they have been expressly confirmed in writing.

7.3. Offers from The Skin Counter do not automatically apply to repeat orders.

7.4. The Skin Counter cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or clerical error.

7.5. Additions, changes 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 promotional terms and conditions associated with the Black Friday Promotion.

 

1. Agreement

8.1. An agreement between The Skin Counter and a customer is concluded after an order has been assessed by The Skin Counter for feasibility.

8.2. The Skin Counter reserves the right not to accept orders or assignments without stating reasons.

 

 

1. Pictures and Specifications

9.1. All images; photos, drawings, etc.; Information regarding weights, dimensions, colours, images of labels, etc. on the website of The Skin Counter are only approximate, are indicative and cannot give rise to compensation or dissolution of the agreement.

 

10.

Force of the majority

10.1. The Skin Counter is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.

10.2. Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, Internet failures, electricity failures, email failures and failures or changes in technology provided by third parties, transportation difficulties, strikes, government action, supply delays, supplier negligence and/or manufacturers of The Skin Counter as well as of auxiliary persons, illness of personnel, defects in auxiliary or means of transport are expressly regarded as force majeure.

10.3. In the event of force majeure, The Skin Counter reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that execution remains possible. Under no circumstances is The Skin Counter obliged to pay any fine or compensation.

10.4. If The Skin Counter has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were it's a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

 

11.

Liability

11.1. The Skin Counter is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, 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 the incorrect delivery of orders if the customer provides a wrong address with an order.

 

1. Complaints procedure
2. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
3. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
4. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

 

13.

Applicable law/competent court

13.1. Dutch law applies to all agreements.

13.2. Disputes arising from an agreement between The Skin Counter and the buyer, which cannot be resolved in mutual consultation, will be subject to the competent court within the district of Rotterdam, unless The Skin Counter prefers the difference to the competent court of the residence of the buyer, and with the exception of those disputes that fall within the competence of the subdistrict court.