Terms and conditions

Entrepreneur: The person who offers products or services remotely.
Consumer: A person who enters into an agreement for private use, not as a business.
Distance Agreement: An agreement concluded through remote communication, without the physical presence of the parties.
Remote communication technique: Means such as the internet or telephone through which the agreement can be concluded.
Reflection period: The period during which the consumer has the right to cancel the agreement.
Right of withdrawal: The consumer's right to cancel the agreement within the reflection period.
Day: A calendar day.
Continuing performance contract: An agreement relating to a series of products or services, with deliveries over time.
Durable data carrier: A medium by which information can be stored and accessed.

Article 2 provides the identification details of the entrepreneur, sQincare.shop. Here are the key details summarized:

Business legal form: Sole proprietorship
Trade name: sQincare.shop
Registered and visiting address:

Technicumstraat 2
9581BA Musselkanaal

Email address: info@sQincare.shop
Chamber of Commerce (KVK) number: 02095759
VAT number: NL001398206B29
Availability:

Monday to Friday: 9:00 - 12:00 and 13:30 - 17:00

Article 3 describes the applicability of the general terms and conditions and how they are made available to the consumer. Here are the key points summarized:

Applicability: The general terms and conditions apply to every offer made by the entrepreneur and to all distance agreements between the entrepreneur and the consumer.
Availability: Before the distance agreement is concluded, the general terms and conditions must be made available to the consumer. If this is not possible, the consumer must be informed that they can be sent free of charge upon request.
Electronic Agreement: If the agreement is concluded electronically, the text of the general terms and conditions must be offered electronically, so that the consumer can easily store them. If that is not possible, it must be indicated where the conditions can be viewed and that they can be sent upon request.
Special Conditions: If there are specific product or service conditions, the aforementioned rules also apply to these. In case of conflicting conditions, the consumer can choose the most favorable provisions.

Article 4 addresses the conditions for the offer of products and services. Here are the key points summarized:

Validity Period: If an offer has a limited validity period or is subject to conditions, this must be clearly stated in the offer.
Description of the Offer: The offer must contain a complete and accurate description of the products or services offered. This must be sufficiently detailed to enable the consumer to properly assess the offer. Images must be a true representation. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Information for the Consumer: Every offer must contain clear information about the consumer's rights and obligations upon acceptance of the offer, including:

The price including taxes.
Any delivery costs.
How the agreement will be concluded and what actions are required for it.
Whether the right of withdrawal applies.
Payment, delivery, or execution method of the agreement.
The term for accepting the offer and for upholding the price.
Rates for remote communication, if applicable.
How the agreement can be consulted after its conclusion.
Information about unintended actions and how to rectify them before the agreement is concluded.
Languages in which the agreement can be concluded.
Codes of conduct to which the entrepreneur adheres and how these can be consulted.
Minimum duration of the agreement for continuous or periodic delivery of products or services.

Article 5 concerns the conclusion of the agreement between the entrepreneur and the consumer. Here are the key points summarized:

Conclusion of the Agreement: The agreement is concluded at the moment the consumer accepts the offer and fulfills the stipulated conditions.
Confirmation of Acceptance: If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of this electronically. The consumer can dissolve the agreement until this confirmation has been received.
Security of Electronic Transmission: For electronic agreements, the entrepreneur will take appropriate technical and organizational measures to secure the data transfer and ensure a safe web environment. For electronic payments, appropriate security measures must also be taken.
Investigation of Payment Capacity: The entrepreneur may inquire about the consumer's payment capacity and other relevant factors. In case of doubt, the entrepreneur has the right to refuse the order or to attach special conditions to it.
Information upon Delivery: Upon delivery of the product or service, the entrepreneur must send certain information, including:

The visiting address for complaints.
Conditions and method of exercising the right of withdrawal.
Information about after-sales service and guarantees.
Data as stated in article 4 paragraph 3, unless these have already been provided earlier.
Requirements for cancellation of the agreement for agreements lasting more than one year or of indefinite duration.

Series of Products or Services: If the entrepreneur commits to delivering a series of products or services, the information obligation only applies to the first delivery.

Article 6 addresses the right of withdrawal for the purchase of products. Here are the key points:

Right of Withdrawal: The consumer has the right to dissolve the agreement without stating reasons within 30 days. This period begins the day after receipt of the product.
Consumer's Responsibility: During the reflection period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the product is desired.
Returning the Product: If the consumer exercises the right of withdrawal, they must return the product, including all supplied accessories, and if possible in its original condition and packaging, to the entrepreneur. This must be done according to the reasonable and clear instructions provided by the entrepreneur.

Article 7: Right of Withdrawal for Service Delivery

Reflection Period: The consumer can cancel the service agreement within 14 days after entering into the agreement, without stating reasons.
Instructions: To exercise the right of withdrawal, the consumer must follow the instructions provided by the entrepreneur.

Article 8: Costs in Case of Withdrawal

Return Costs: The costs of returning the product are borne by the consumer if they exercise the right of withdrawal.
Refund: If the consumer has already paid, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 9: Exclusion of Right of Withdrawal

Conditions for Exclusion: The entrepreneur may exclude the right of withdrawal, provided this is clearly stated before concluding the agreement. Exclusions are possible for:

Custom-made products.
Personal items.
Products that cannot be returned.
Perishable goods.
Products with price fluctuations in the financial market.
Loose newspapers and magazines.
Opened audio, video recordings, and software.

Exclusions for Services: This may apply to services such as:

Accommodation, transport, or leisure activities on specific dates.
Services whose delivery begins with the consumer's consent before the reflection period expires.
Bets and lotteries.

Return Instructions

Article 10: The Price

Price Stability: During the validity period of the offer, prices will not be increased, unless there are changes in the VAT rate.
Variable Prices: The entrepreneur may offer products or services with prices that depend on financial market fluctuations. This must be clearly stated in the offer.
Price Increases Within 3 Months: Price increases are only permitted if they are the result of legal regulations or provisions.
Price Increases From 3 Months: Increases are only permitted if:

This has been stipulated in the agreement.
The increases result from legal regulations or provisions.
The consumer has the option to terminate the agreement on the day of the price increase.

Including VAT: All stated prices include VAT.

Article 11: Conformity and Warranty

Conformity: The entrepreneur guarantees that the products and services comply with the agreement, the specifications in the offer, and the reasonable requirements of soundness and usability, as well as the legal provisions applicable at the time of the agreement.
Warranty: A warranty offered by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights in case of shortcomings.

Article 12: Delivery and Execution

Diligence: The entrepreneur is responsible for careful execution of orders and requests.
Delivery Address: Delivery takes place at the address provided by the consumer.
Delivery Period: Orders will be executed promptly, but no later than 30 days, unless otherwise agreed. In case of delay, the consumer will be notified and has the right to dissolve the agreement free of charge.
Dissolution: In case of dissolution, the consumer will receive the paid amount back within 30 days at the latest.
Replacement Items: If an ordered product cannot be delivered, the entrepreneur will try to offer a replacement item. This will be clearly communicated upon delivery, and the return shipping costs will be borne by the entrepreneur.
Shipping Services: sQincare.shop uses Postnl for shipping according to the rates in the webshop.

Article 13: Continuing Performance Contracts

Indefinite Term: The consumer can cancel an agreement for an indefinite period at any time, observing the agreed notice periods (maximum one month).
Fixed Term: A fixed-term agreement has a maximum duration of two years. In case of tacit renewal, the agreement becomes indefinite with a notice period of a maximum of one month.

Article 14: Payment

Payment Term: Unless otherwise agreed, the amounts due must be paid within 14 days after delivery of the product or, in the case of services, within 14 days after receipt of the relevant documents.
Advance Payment: For sales to consumers, an advance payment of more than 50% may not be demanded. If advance payment has been stipulated, the consumer cannot assert any rights regarding the order or service until the advance payment has been made.
Accuracy of Data: The consumer is obliged to immediately report any inaccuracies in payment data to the entrepreneur.
Default of Payment: In case of default of payment, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that were previously disclosed to the consumer.

Article 15: Complaints Procedure

Complaints Procedure: The entrepreneur has a published complaints procedure and handles complaints according to this procedure.
Submission of Complaints: Complaints about the execution or delivery of the agreement must be submitted within 5 days after the planned delivery date, fully and clearly described, after the consumer has discovered the defects or delivery has not occurred.
Handling of Complaints: Complaints will be answered within 14 days of receipt. If processing takes longer, the consumer will receive a confirmation within 14 days and an indication of the expected period for a more extensive answer.

Article 16: Intellectual Property

Acknowledgement: The buyer acknowledges that all intellectual property rights related to information, communications, or other expressions about the products and the www.sqincare.shop website reside with sQincare.shop, its suppliers, or other right holders.

Article 17: Personal Data

Data Processing: sQincare.shop will process the buyer's data exclusively in accordance with its privacy policy. The applicable privacy regulations and legislation will be observed.

Article 18: Applicable Law and Competent Court

Applicable Law: All offers from sQincare.shop, its agreements, and their execution are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.

Article 19: Links

Advertisements and links: The sQincare.shop website may contain third-party advertisements or links to other sites. sQincare.shop has no influence on the privacy policy of these third parties or their sites and is not responsible for them.

Article 20: Rights

Personal data: You always have the right to ask sQincare.shop what personal data is being processed. You can do this by sending an email. You can also request improvements, additions, or other corrections, which sQincare.shop will process as soon as possible. If you no longer wish to receive information from sQincare.shop, you can also notify this by email. The information will be sent to the email address you provided.

Article 21: Additional or Deviating Provisions

Conditions: Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.