General terms and conditions

Table of Contents:
Article 1 - Definitions
Article 2 - The Trader's identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right to Cancel
Article 7 - The Consumer's obligations during the Cooling-off Period

Article 8 - The exercise of the Right to Cancel by the Consumer and the costs thereof Article 9 - The Trader's obligations in the event of a cancellation
Article 10 - Exclusion of the Right to Cancel
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution

Article 14 - Continuing Performance Contracts: duration, termination and extension Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or derogating provisions
Article 20 - Amendments to the Thuiswinkel.org general terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
Supplemental Contract: a contract whereby the Consumer acquires products, Digital Content and/or services by means of a Distance Contract and these items, Digital Content and/or services are provided by the Trader or by a third party based on an agreement between that third party and the Trader;
Cooling-off Period: the period within which the Consumer may exercise his Right to Cancel;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Continuing Performance Contract: a contract for the regular supply of items, services and/or Digital Content during a specific period;
Durable Data Carrier: any device - including email - that enables the Consumer or the Trader to store information addressed to him/it personally in a way that allows future consultation or use for a period of time tailored to the purpose for which the information is intended, and which allows the unaltered reproduction of the stored information;
Right to Cancel: the option the Consumer has to cancel the Distance Contract within the Cooling-off Period;
Trader: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) Digital Content and/or services at a distance to Consumers;
Distance Contract: a contract concluded between the Trader and the Consumer in the context of an organised system for distance selling of products, Digital Content and/or services, whereby up to and including the conclusion of the contract, exclusive use is made (or also made) of one or more Means of Distance Communication;
Model Cancellation Form: the European Model Cancellation Form set out in Annex I to these terms and conditions. Annex I need not be made available if the Consumer does not have a Right to Cancel his order;
Means of Distance Communication: means that can be used to conclude a contract without the Consumer and the Trader having to be in the same room together at the same time.

Article 2 - The Trader's identity
The Trader's name:
Skins Cosmetics B.V.

Business address:
Pletterij 3
1185 ZK Amstelveen

Visiting address:
Runstraat 11
1016 GJ Amsterdam

Phone number: 020-7403222

Availability:
Monday to Friday from 9.00 am to 5.00 pm
Email address: [email protected]

Chamber of Commerce number: 34126773
VAT number: NL812550900B01

Article 3 - Applicability

These general terms and conditions apply to any offer by the Trader and to any Distance Contract concluded between the Trader and the Consumer.
Before the Distance Contract is concluded, the text of these general terms and conditions is to be made available to the Consumer. If this is not reasonably possible, the Trader will, prior to the conclusion of the Distance Contract, indicate how the general terms and conditions can be inspected at the Trader and that, at the Consumer's request, they will be sent free of charge as soon as possible.
If the Distance Contract is concluded electronically, in derogation from the previous paragraph and before the Distance Contract is concluded, the text of these general terms and conditions may be made available to the Consumer electronically in such a way that they can easily be stored by the Consumer on a Durable Data Carrier. If this is not reasonably possible, before the Distance Contract is concluded, notice will be given of where the general terms and conditions can be inspected electronically and that they will be sent electronically or in another way free of charge at the Consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply mutatis mutandis, and in the event of conflicting terms and conditions the Consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this is to be stated expressly in the offer.
The offer contains a complete and accurate description of the products, Digital Content and/or services offered. The description is sufficiently detailed to allow the Consumer to make a proper assessment of the offer. If the Trader uses images, they are a true representation of the products, services and/or Digital Content offered. Obvious mistakes or obvious errors in the offer do not bind the Trader.
Each offer contains such information that it is clear to the Consumer what the rights and obligations, which are attached to the acceptance of the offer, are.

Article 5 - The contract

Subject to the provisions of paragraph 4, the contract is concluded when the Consumer accepts the offer and the conditions set out therein are met.
If the Consumer has accepted the offer electronically, the Trader will immediately electronically confirm receipt of the acceptance of the offer. Until receipt of this acceptance has been confirmed by the Trader, the Consumer may rescind the contract.
If the contract is concluded electronically, the Trader will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure web environment. If the Consumer is able to pay electronically, the Trader will adopt appropriate security measures for this purpose.
The Trader may - within the statutory bounds - obtain information about whether the Consumer can meet his payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the Distance Contract. If, on the basis of this investigation, the Trader has good reason not to conclude the contract, it is entitled to refuse an order or request or to attach special conditions to the execution, giving reasons.
The Trader will, at the latest upon delivery of the product, service or Digital Content, send to the Consumer the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a Durable Data Carrier:
the visiting address of the Trader's establishment where the Consumer can address complaints;
the conditions on which and the way in which the Consumer can make use of the Right to Cancel, or a clear statement that the Right to Cancel is excluded;
the information on warranties and existing after-purchase service;
the price, including all taxes, of the product, service or Digital Content; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the Distance Contract;
the requirements for terminating the contract if the contract lasts for more than one year or if it is an indefinite contract;
if the Consumer has a Right to Cancel, the Model Cancellation Form.
In the case of a Continuing Performance Contract, the provisions in the previous paragraph only apply to the first delivery.

Article 6 - Right to Cancel
For products:

Consumers may rescind a contract relating to the purchase of a product during a Cooling-off Period of at least 14 Days without giving reasons. The Trader may ask the Consumer about the reason for the cancellation, but may not require the Consumer to provide his reason(s).
The Cooling-off Period referred to in paragraph 1 starts on the Day after the Consumer, or a third party designated in advance by the Consumer who is not the carrier, receives the product, or:
if the Consumer ordered a number of products in the same order: the Day on which the Consumer, or a third party designated by him, receives the last product. Provided it clearly informed the Consumer of this prior to the ordering process, the Trader may refuse an order of 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, receives the last shipment or part;
for contracts for the regular delivery of products during a specific period: the Day on which the Consumer, or a third party designated by him, receives the first product.

For services and Digital Content not delivered on a tangible medium:

Consumers may rescind a service contract and a contract for the supply of Digital Content not provided on a tangible medium during a period of at least 14 Days without giving reasons. The Trader may ask the Consumer about the reason for the cancellation, but may not require the Consumer to provide his reason(s).
The Cooling-off Period referred to in paragraph 3 begins on the Day following the conclusion of the contract.
Extended Cooling-off Period for products, services and Digital Content not delivered on a tangible medium when there is a failure to provide information about the Right to Cancel:
If the Trader does not provide the Consumer with the legally required information about the Right to Cancel or the Model Cancellation Form, the Cooling-off Period expires 12 months after the end of the original Cooling-off Period determined in accordance with the previous paragraphs of this article.
If the Trader provides the Consumer with the information referred to in the previous paragraph within 12 months of the start date of the original Cooling-off Period, the Cooling-off Period expires 14 Days after the Day on which the Consumer receives that information.

Article 7 - The Consumer's obligations during the Cooling-off Period

During the Cooling-off Period, the Consumer will handle the product and packaging with care. He will unpack or use the product only to the extent necessary to determine the nature, characteristics and operation of the product. The premise here is that the Consumer may only handle and inspect the product as he would be permitted to do in a shop.
The Consumer is only liable for deprecation of the product resulting from handling the product beyond what is permitted in paragraph 1.
The Consumer is not liable for depreciation of the product if the Trader did not provide him with all legally required information on the Right to Cancel before or upon conclusion of the contract.
Article 8 - The exercise of the Right to Cancel by the Consumer and the costs thereof
If the Consumer exercises his Right to Cancel, he will notify the Trader of this within the Cooling-off Period by means of the Model Cancellation Form or in another unambiguous manner.
The Consumer is to return the product, or hand it over to (an authorised representative of) the Trader as soon as possible, but within 14 Days of the Day after the notification referred to in paragraph 1. This is not necessary if the Trader has offered to pick up the product itself. The Consumer has in any case complied with the return period if he returns the product before the Cooling-off Period has expired.
The Consumer will return the product with any accessories provided, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Trader.
The risk and the burden of proof regarding the correct and timely exercise of the Right to Cancel lies with the Consumer.
The Consumer bears the direct costs of returning the product. If the Trader has not notified the Consumer that the Consumer must bear these costs or if the Trader indicates that it will bear the costs itself, the Consumer does not have to bear the costs of the return.
If the Consumer cancels after having first expressly requested that the performance of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity, is to begin during the Cooling-off Period, the Consumer will owe the Trader a sum proportional to that part of the commitment fulfilled by the Trader at the time of the cancellation, compared to the complete fulfilment of the commitment.
The Consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that has not been made ready for sale in a limited volume or quantity, or the supply of district heating, if:
the Trader has not provided the Consumer with the legally required information on the Right to Cancel, the cost refund upon cancellation or the Model Cancellation Form, or;
the Consumer did not expressly request the commencement of the performance of the service or supply of gas, water, electricity or district heating during the Cooling-off Period.
The Consumer does not bear the cost of the full or partial delivery of Digital Content not delivered on a tangible medium if:
he did not expressly agree, prior to its delivery, to the performance of the contract starting before the end of the Cooling-off Period;
he did not acknowledge the forfeiture of his Right to Cancel when giving his consent; or
the Trader failed to confirm this statement by the Consumer.

If the Consumer exercises his Right to Cancel, all Supplementary Contracts are rescinded by operation of law.

Article 9 - The Trader's obligations in the event of a cancellation

If the Trader enables the Consumer to make his cancellation notification by electronic means, it will send a confirmation of receipt without delay after receiving this notification.
The Trader will refund all payments made by the Consumer, including any delivery costs charged by the Trader for the returned product, without delay but in any event within 14 Days following the Day on which the Consumer notifies it of the cancellation. Unless the Trader offers to pick up the product itself, it may wait to make the refund until it has received the product or until the Consumer proves that he has returned the product, whichever is earlier.
The Trader will use the same method of payment for the refund that the Consumer used, unless the Consumer agrees to another method. The refund is free of charge to the Consumer.
If the Consumer chose a more expensive method of delivery than the least expensive standard delivery, the Trader does not have to refund the additional costs for the more expensive delivery.

Article 10 - Exclusion of the Right to Cancel

The Trader may exclude the following products and services from the Right to Cancel, but only if the Trader states this clearly in the offer or else in good time before the conclusion of the contract:
products or services whose price is subject to fluctuations in the financial market over which the Trader has no control and which may occur within the Cooling-off Period;
contracts concluded at a public auction. A public auction means a sales method whereby products, Digital Content and/or services are offered by the Trader to Consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, Digital Content and/or services;
service agreements, after full performance of the service, but only if:
the performance has begun with the Consumer's express prior consent; and
the Consumer has declared that he forfeits his Right to Cancel once the Trader has fully performed the contract;
package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transportation of goods, car rental services and catering;
contracts related to leisure activities, if the contract provides for a specific date or period of performance;
products manufactured according to the Consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
sealed products that are not suitable for return due to reasons of health protection or hygiene and whose seal has been broken after delivery;
products that after delivery are, by their nature, irrevocably mixed with other products;
alcoholic beverages whose price was agreed upon the conclusion of the contract, but whose delivery can only take place after 30 Days, and whose actual value depends on fluctuations in the market over which the Trader has no influence;
sealed audio, video recordings and computer software, the seal of which is broken after delivery;
newspapers, magazines or journals, except for subscriptions thereto;
the provision of Digital Content other than on a tangible medium, but only if:
the performance has begun with the Consumer's express prior consent; and
the Consumer has declared that he thereby forfeits his Right to Cancel.

Article 11 - 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 due to changes in VAT rates.
In derogation from the previous paragraph, the Trader may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the Trader has no control. This link to fluctuations and the fact that any prices quoted are guide prices are to be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the Trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the Consumer has the right to terminate the contract as of the Day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Performance of the contract and additional warranty

The Trader warrants that the products and/or services conform to the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and statutory provisions and/or government regulations applicable on the date the contract is concluded. If agreed, the Trader also warrants that the product is suitable for use other than normal use.
An additional warranty provided by the Trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the Consumer can assert against the Trader on the basis of the contract if the Trader fails to perform its part of the contract.
Additional warranty means any commitment by the Trader, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims beyond what it is statutorily obliged to provide in the event that it fails to perform its part of the contract.

Article 13 - Delivery and execution

The Trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the Consumer has provided to the Trader.
Subject to what is stated about this in Article 4 of these general terms and conditions, the Trader will execute accepted orders expeditiously but at the latest within 30 Days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partly executed, the Consumer will be notified of this no later than 30 Days after the order was placed. In that case, the Consumer has the right to rescind the contract without charge and the right to possible compensation.
After a rescission in accordance with the previous paragraph, the Trader will immediately refund the amount paid by the Consumer.
The risk of damage to and/or loss of products rests with the Trader until the time of delivery to the Consumer or to a previously designated representative notified to the Trader, unless otherwise expressly agreed.

Article 14 - Continuing Performance Contracts: duration, termination and extension

Termination: The Consumer may at any time terminate a contract concluded for an indefinite period for the regular delivery of products (including electricity) or services, with due observance of agreed termination rules and a notice period of at most one month.
The Consumer may at any time terminate a fixed-term contract for the regular delivery of products (including electricity) or services, at the end of the fixed term, with due observance of agreed termination rules and a notice period of at most one month.
With regard to the contracts referred to in the previous paragraphs, the Consumer may:
terminate at any time and may not be limited to terminating at a particular time or in a particular period;
terminate in at least the same manner as they were concluded by him;
always terminate with the same notice period the Trader has stipulated for itself.

Extension:

A contract entered into for a fixed term for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period of time.
In derogation from the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of at most three months, if the Consumer may terminate this extended contract at the end of the extension with a notice period of at most one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite period if the Consumer may terminate it at any time with a notice period of at most one month. The notice period will be at most three months if the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited-term contract for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, after one year the Consumer may terminate the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment To the extent not provided for otherwise in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 Days of the start of the Cooling-off Period, or if there is no Cooling-off Period within 14 Days of concluding the contract. In the case of a contract to provide a service, this period begins on the Day after the Consumer receives confirmation of the contract.
When selling products to Consumers, general terms and conditions may never require the Consumer to pay more than 50% in advance. Where an advance payment is stipulated, the Consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The Consumer is immediately obliged to report to the Trader any inaccuracies in the payment information provided or stated.
If the Consumer does not fulfil his payment obligation(s) on time and, after he has been notified by the Trader of the late payment with the Trader granting the Consumer a period of 14 Days to go on to fulfil his payment obligation starting on the Day after receipt of the reminder, if he still does not pay within this 14-Day period the Consumer will owe statutory interest on the amount still owed and the Trader will be entitled to charge the extrajudicial collection costs it incurs. These collection costs will not exceed: 15% of any outstanding amounts up to € 2,500; 10% of the following €2,500 and 5% of the following €5,000, being a minimum of €40. The Trader may deviate from these amounts and percentages to the Consumer's benefit.

Article 16 - Complaints procedure

The Trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about performance of the contract must be submitted to the Trader within a reasonable period of time after the Consumer has found the defects, and must be described in a full and clear way.
Complaints submitted to the Trader will be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Trader will respond within the 14-Day period with a notice of receipt and an indication of when the Consumer can expect a more detailed response.
A complaint about a product, service or the Trader's service may also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website: www.thuiswinkel.org. The complaint is then sent both to the Trader in question and to Thuiswinkel.org.
In any case, the Consumer must give the Trader 4 weeks to resolve the complaint by mutual agreement. After this deadline, it becomes a dispute that is eligible for dispute resolution.

Article 17 - Disputes

Contracts between the Trader and the Consumer to which these general terms and conditions relate are exclusively governed by Dutch law. If the Trader directs his activities to the Consumer's country of residence, the Consumer may also always invoke the mandatory consumer law of his country.
Disputes between the Consumer and the Trader over the conclusion or performance of contracts relating to products and services to be supplied or delivered by this Trader may, with due observance of the following stipulations, be submitted by both the Consumer and the Trader to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the Consumer first submits his complaint to the Trader within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the Consumer submitted the complaint to the Trader.
If the Consumer wants to submit a dispute to the Disputes Committee, the Trader is bound by this choice. The Consumer preferably notifies the Trader of this first.
If the Trader wants to submit a dispute to the Disputes Committee, the Consumer will, within five weeks of a written request to this effect by the Trader, have to state in writing whether he wants this too or whether he wants the dispute to be dealt with by the competent court. If the Trader does not learn of the Consumer's choice within the five-week period, the Trader will have the right to submit the dispute to the competent court.
The Disputes Committee will make a decision based on the terms and conditions set out in Disputes Committee rules (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of a binding opinion.
The Disputes Committee will not deal with a dispute or will cease to deal with it if the Trader has been granted a suspension of payments, has become bankrupt or has de facto terminated its business activities before a dispute has been dealt with by the Committee at the hearing and a final decision has been issued.
If, in addition to the Thuiswinkel Disputes Committee, another recognised disputes committee or one affiliated with the Dutch Foundation for Consumer Complaints Boards (Stichting Geschillencommissies voor Consumentenzaken (SGC)) or the Dutch Institute for Financial Disputes (Klachteninstituut Financiële Dienstverlening (Kifid)) is competent, it is preferably the Thuiswinkel Disputes Committee that has competence to hear disputes relating primarily to the method of selling or providing services at a distance. For all other disputes, the other disputes committee recognised by SGC or Kifid.

Article 18 - Industry guarantee

Thuiswinkel.org guarantees compliance by its members with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months of it being sent. This guarantee is revived, if the binding advice has been upheld after review by the court and the judgment evidencing it has the force of res judicata. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the Consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For any extra amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding advice.
The application of this guarantee requires the Consumer to submit a written appeal to Thuiswinkel.org and to transfer his claim against the Trader to Thuiswinkel.org. If the claim against the Trader exceeds €10,000, the Consumer will be offered to transfer his claim, insofar as it exceeds the amount of €10,000, to Thuiswinkel.org, after which this organisation will, in its own name and at its own expense, seek payment of that claim in court to be paid to the Consumer.

Article 19 - Additional or derogating provisions
Additional provisions or provisions that derogate 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 in an accessible manner on a Durable Data Carrier.

Article 20 - Amendments to the Thuiswinkel.org general terms and conditions
Amendments to these terms and conditions only become effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the Consumer will take precedence.

Click here to download these general terms and conditions, including the withdrawal form

Annex I: Model withdrawal form

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

To:
Skins Cosmetics
Attn: Customer Care
E-mail reply number 46740
1060 VL Amsterdam
[email protected]

I/We* hereby give notice that I/We* withdraw from my/our* agreement concerning

the sale of the following products: [product designation]*

revoked/revoked*

Ordered on*/received on* [date of order for services or receipt for products].
[Name of consumer(s)]
[Address consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
* Delete what does not apply or fill in what is applicable.

Click here to download the withdrawal form

General terms and conditions

YOUR SAMPLE BOX