Terms and Conditions
General Terms and Conditions of SkirmShop.nl, established in Wieringerwerf under the KVK number 61855359
Version valid from 25-08-2014
1.1 These general terms and conditions apply to every offer of Skirmshop.nl and to every agreement concluded between Skirmshop.nl and the consumer.
The conditions are accessible to everyone and included on the internet site of Skirmshop.nl.
Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree to the delivery and payment terms.
Skirmshop.nl 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 of third parties are not recognized by Skirmshop.nl.
1.4 Skirmshop.nl guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place as long as the stock lasts.
2.2 Within the framework of the rules of distance-purchasing, Skirmshop.nl orders will be executed within at least 30 days, unless another delivery period has been agreed. If delivery within 30 days, or otherwise agreed delivery time, is possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, then the consumer receives within 1 month after placing the order a message and in that case he has the right to cancel the order without charge and notice of default.
2.3 The delivery obligation of Skirmshop.nl will, subject to proof to the contrary, be fulfilled once the goods delivered by Skirmshop.nl have been offered to the customer once. In the case of home delivery, the report of the carrier, including the refusal of acceptance, extends to full proof of the offer for delivery.
2.4 All deadlines mentioned on the website are indicative. No rights can therefore be derived from the aforementioned deadlines.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing 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.
- Period of trial / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (article 7:5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins at the moment when the ordered goods are delivered. The customer is obliged, before proceeding to return within the period of 14 working days after receipt, to send a written notification to Skirmshop.nl. If the customer has not reported to use the legal return right within the trial period of 14 days after receipt, then the purchase is a fact.
During the trial period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 28 days after receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The customer must prove that the delivered goods have been returned in a timely manner, for example by means of a proof of postal delivery. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, Skirmshop.nl reserves the right to charge depreciation. Subject to what is stipulated in the previous sentence, Skirmshop.nl shall bear within 14 days after proper receipt of the return shipment or 14 days after proof of return (here the shipping proof must explicitly state the content of the return shipment), ensure a refund. When returning the entire purchase, the full purchase amount including any calculated shipping and/or payment costs will be refunded to the customer. If only part of the purchased purchases are returned, only the purchase value of the returned goods 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 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 begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully completed the contract 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 manufactured according to the consumer's specifications, for example customized work; or which have a clear personal character, products whose shelf life has expired within the 14 day cooling-off period (spoilage). Sealed products which, for health or hygienic reasons, are not suitable to be returned and whose seal has been broken after delivery, sealed audio/video or software carriers whose seal has been broken,
for goods or services which by their nature cannot be be returned, for example because of hygiene or that can quickly spoil or age, the delivery of loose newspapers and magazines.
- Data Management
5.1 If you place an order at SkirmShop.nl, your data will be included in the customer base of SkirmShop.nl.
5.2 Skirmshop.nl respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.
5.3 Skirmshop.nl makes use of a mailing list in some cases. Each mailing contains instructions 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 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 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert in respect of a failure in the fulfillment of the obligations of the entrepreneur against the entrepreneur under the law and/or the distance agreement.
6.3 If it appears that the delivered goods is wrong, defective or incomplete, then the customer must (before proceeding to return to Skirmshop.nl) report these defects within 2 months after discovery of the defect in writing to Skirmshop.nl. Return of the goods must be in the original packaging (including accessories and accompanying documentation). Commissioning after detection of default, damage arising after detection of default, encumbrance and/or resale after detection of default, lapses the right to claim and return.
6.4 If complaints of the customer by Skirmshop.nl are found to be well-founded, Skirmshop.nl will repair or replace the delivered goods at the consumer's discretion. Any liability of Skirmshop.nl for damage is limited to a maximum of the invoice amount of the goods concerned, or (at the choice of Skirmshop.nl) to the maximum amount covered in the relevant case by the liability insurance of Skirmshop.nl. Any liability of Skirmshop.nl for any other form of damage is excluded, including additional damages in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.
6.5 Skirmshop.nl is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer towards Skirmshop.nl is in default; B) the customer has repaired and/or edited the delivered goods himself or has had it repaired and/or edited by third parties. C) the delivered goods are exposed to abnormal conditions or otherwise carelessly treated or in violation of the instructions of Skirmshop.nl and/or instructions on the packaging;
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Skirmshop.nl reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Oral commitments bind Skirmshop.nl only after they have been confirmed explicitly and in writing.
7.4 Offers from Skirmshop.nl do not automatically apply for reorders.
7.5 Skirmshop.nl can not be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8.1 An agreement between SkirmShop.nl and a customer is concluded after an order has been assessed by SkirmShop.nl on feasibility.
8.2 Skirmshop.nl reserves the right to not accept orders or orders without giving reasons or to accept only on the condition that the shipment is made by cash on delivery or after advance payment.
- Images and Specifications
9.1 All images; photos, drawings etc.; e.g. data concerning weights, dimensions, colors, images of labels, etc. on the internet site of Skirmshop.nl apply only approximately, are indicative and can not give rise to compensation or dissolution of the agreement.
- Force majeure
10.1 Skirmshop.nl is not liable, if and insofar as its obligations can not be fulfilled as a result of force majeure.
10.2 Force majeure means any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, malfunctions in the Internet, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in third party technology, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Skirmshop.nl as well as of auxiliary persons,
illness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure.
10.3 In case of force majeure, Skirmshop.nl reserves the right to suspend its obligations and is also entitled to dissolve 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 case is Skirmshop.nl obliged to pay any penalty or compensation.
10.4 If Skirmshop.nl at the onset of the force majeure has already partially fulfilled its obligations, 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 fulfill his part as it concerns a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11.1 Skirmshop.nl is not liable for damage caused to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.
- Retention of title
12.1 Ownership of all Skirmshop.nl sold and delivered goods to the customer remains with Skirmshop.nl as long as the customer has not fulfilled the claims of Skirmshop.nl under the agreement or previous or subsequent similar agreements, as long as the customer has done or still has to perform work under these, or similar agreements has not yet been fulfilled and as long as the customer has not satisfied the claims of Skirmshop.nl due to failure in the fulfilment of such obligations, including claims relating to fines, interest and costs,
as referred to in article 3:92 of the Dutch Civil Code.
12.2 The goods delivered by Skirmshop.nl which fall under the retention of title may only be resold in the context of a normal business exercise and never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods covered by the retention of title or to object in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Skirmshop.nl or a third party appointed by Skirmshop.nl to, in all cases where Skirmshop.nl wishes to exercise its property rights, to enter all those places where its property will be located and to take the property with them.
12.5 If third-party seizure of the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Skirmshop.nl as soon as can reasonably be expected.
12.6 The customer undertakes the necessary steps to insure the goods delivered under retention of title and keep insured against fire, explosion and water damage as well as against theft and to give the policy of this insurance on first request for inspection to Skirmshop.nl.
- Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Skirmshop.nl and the buyer, which can not be resolved by mutual agreement, the competent court within the district Wieringerwerf takes notice, unless Skirmshop.nl prefers to subject the case to the competent court of the place of residence of the buyer, and with the exception of those disputes that belong to the competence of the subdistrict court.