Terms of service
- Customer: the natural person who, as a consumer, will use the Product for non-professional purposes.
- Distance Agreement: an agreement involving the use of an organized system for the distance sale of the Product and exclusively using one or more means of distance communication.
- Product: one or multiple products offered in Shinncare's webshop.
- Shinncare or We: Labo DéESSE BV, company number 0755.856.068 and with registered office at Stationsstraat 18,9120 Beveren, Belgium;
- Website: shinncare.com
2. WHO IS SHINNCARE?
- Company name and registered office:
Labo DéESSE BV, with company number 0755.856.068, with registered office at Stationsstraat 18, 9120 Beveren, Belgium.
Phone number: +32 473 53 63 47 (reachable between 09:00-17:00 from Monday toFriday)
3. MATERIAL SCOPE OF APPLICATION
- These General Terms and Conditions of Sale apply to (1) any offer made by Shinncare via its Website to the Customer and (2) any DistanceAgreement entered into with the Customer. These general terms and conditions of sale will be notified to the Customer before the conclusion of the Distance Agreement.
- Shinncare provides the Product on the Belgian territory and beyond.
- These general terms and conditions of sale can be consulted digitally on our Website and can easily be stored on a durable data carrier.
- The present general terms and conditions of sale always precede over the other party's general terms and conditions.
- The Website will be available in Dutch.
- The duration period, if any, and the concrete conditions attached to the acceptance of an offer are specified on the Website.
- The offer provides a clear description of the main characteristics of the Product. When the Product does not correspond to the description on the Website. In that case, you always have the possibility of withdrawing it in accordance with the modalities described in these general terms and conditions of sale.
- The Customer confirms that he was informed in detail about the matters below before accepting the offer:o the total price of the Product (including VAT and related taxes);o the costs associated with any delivery of the Product or any other costs;
- the steps to be taken before the conclusion of the Distance Contract;
- the existence and conditions of the right of withdrawal;
- the method of payment, delivery, performance and period within which Shinncare will deliver the Product;
- the period for acceptance of the offer and the period within which the price is valid;
- the possible costs associated with the use of distance communication when these are calculated on a basis other than the basic rate;
- the way in which the archived agreement can be consulted by the consumer;
- the way in which the consumer can detect and correct input errors before the conclusion of the agreement;
- that the agreement can only be concluded in Dutch;
- any codes of conduct observed by Shinncare and where these can be found; and
- the minimum duration of the Distance Agreement in case there is a periodic delivery of the Product.
- The Distance Agreement comes into effect after the Customer has accepted the offer.
- The Customer can place his/her order via the Website, following the steps below:
- the Customer adds the Product to his/her shopping basket;
- the Customer will provide his/her contact and billing details;
- the Customer will select the delivery method and payment method;
- At the end of the online purchase process, the Customer will receive a summary where his/her order will be confirmed by clicking on the button marked "order with payment obligation".
- Once the Customer has gone through the above steps and placed the order, Shinncare will send a confirmation by email that it has taken notice after which the agreement cannot be dissolved to the extent permitted by applicable law.
- The customer reserves the right to rescind the DistanceAgreement and terminate its own obligations in the event of Shinncare's non-performance of the agreement.
- Shinncare will always comply with the obligations arising fromArticle 1184 of the Civil Code.
6. RIGHT OF WITHDRAWAL AND MODALITIES
- The Customer shall have a period of 14 days from physical receipt of the Product to withdraw from the Distance Contract and consequently rescind it without any reasons.
- To exercise the right of withdrawal, the Customer will use the standard withdrawal form.
- The Customer first confirms to inform Shinncare of the exercise of the right of withdrawal. The Customer confirms that the costs associated with the return of the Product will be borne by him/her.
- Shinncare confirms that, following a valid and compliant exercise of the right of withdrawal in which the seal of the Product has not been broken and the Product has been returned in its original condition, it shall, within a period of 14 days after being informed of the exercise of the right of withdrawal, proceed to refund the funds received employing the same means of payment used by the Customer. Shinncare is not obliged to reimburse additional costs associated with the exercise of the right of withdrawal.
- The Customer states that he is aware of the fact that the packaging of the Product is sealed.
- The Customer may only exercise his right of withdrawal if the sealing of the Product has not been broken and the Product is returned to Shinncare with all its accessories in its original state, within the period stipulated inArticle 6.1 and in accordance with the instructions formulated herein.
- The Customer acknowledges that the Product has been sealed for hygienic reasons and therefore will not be returnable (or revocable) if the seal is broken.
- The Customer confirms that if the Product is returned after the14-day period it will not be accepted by Shinncare and consequently will not be refunded.
7. PRICE AND PAYMENT
- The Product in question will be charged at the price indicated at the time of the order on the Website.
- Shinncare reserves the right to adjust the price of the Product before an order is placed or an ordering process is started.
- The product's price is always stated in Euro on the Website and includes all administrative costs and taxes, including VAT.
- The Product's delivery and transport costs are indicated separately in the ordering process. The invoice of the Product will always detail the delivery costs and VAT.
- The product's price is always stated in Euro on the Website and includes all administration and transport costs, including VAT.
- The Customer acknowledges that delivery may be delayed if payment is not made and/or confirmed.
- Shinncare reserves the right to cancel an order in case of fraud or dispute.
- The Product is delivered to a place in Belgium or abroad according to the conditions defined in the ordering process.
- The Customer will be liable for incorrect delivery if the data communicated were incorrect.
- The Customer confirms having taken note of the various delivery methods on the Shinncare website.
- The Customer acknowledges having taken note of the costs and delivery time associated with the chosen mode of delivery.
- Shinncare will at all times make the necessary efforts to deliver the goods on time and at the latest within 30 days of the order.
- The Customer confirms that once the Product is delivered, the associated risks of theft, loss and damage shall be borne by the Customer.
- The delivery of the Product will be presented to the Customer or any person present at the delivery address. The Customer acknowledges that Shinncare shall not be liable for any damage resulting from the receipt of the delivered Product at the delivery address by another person. If nobody is present to receive the Product at the time of delivery, a notice of offer will be left where and when the Product will be available for collection. If theProduct is not collected, it will be returned to Shinncare's warehouse and theCustomer will contact Shinncare again to organize a new delivery at their own expense.
- If not collected, the Product will be returned to Shinncare's warehouse and the Customer will contact Shinncare again to organise a new delivery at its own expense.
- The Customer acknowledges that Shinncare will not be liable for any indirect damages resulting from late or non-delivery by the carrier.
- If the Product is out of stock, the Customer will be notified in advance
- The Customer guarantees that it will report visible defects in the Product to Shinncare at the email address firstname.lastname@example.org within 5 days of delivery. Failure to comply with this 5-day period will deprive the Customer of his right to lodge a complaint for visible defects. Complaints for apparent defects will only be processed if the Product has not yet been used and the seal has not been broken.
- Shinncare undertakes to ensure that the Product meets the specifications so that it is usable by the Customer.
- Shinncare undertakes to replace the Product delivered if theProduct delivered does not meet the Customer's order. If replacement of theProduct is impossible or disproportionate, Shinncare undertakes to refund the payments received to the Customer.
- Shinncare is liable to the Customer for any lack of conformity that exists at the time of delivery of the Product and that manifests itself within a period of two years from the aforementioned delivery. This legal guarantee of 2 years applies to any lack of conformity with (1) the characteristics;(2) quality; (3) purposes of the Product
- The Customer commits to notify Shinncare within the 2-month period, which begins to run after the Customer becomes aware of the lack of conformity, at the e-mail address email@example.com along with the proof of purchase. If this 2-month period is not respected, the Customer loses his right to replacement.
- The Customer is entitled to claim the legal warranty provided for in Articles 1641 to 1649 octies Civil Code.
- Shinncare is not responsible for damages resulting from the Customer's misuse of the Product.
- Shinncare will be liable for damages resulting from an intentional error, gross negligence, fraud or deceit committed by Shinncare
- Shinncare's liability will be limited to only the direct damage of the Customer. Shinncare can never be held liable for indirect damages allegedly suffered by the Customer.
- The liability of Shinncare, to the extent permitted by applicable law, is in any case limited to the amount of the Products purchased by the Customer under the Distance Contract, except as otherwise provided in these general conditions of sale.
- Any force majeure event may release Shinncare from any obligation, without being liable for any damages.
11. FORCE MAJEURE
- In the event of force majeure, both Customer and Shinncare shall be released from their obligations under the Distance Agreement. In such instances, both the Customer and Shinncare have the option to suspend their obligations during the force majeure situation, or permanently terminate theDistance Agreement.
- In particular, the following situations, including but not limited to, shall be considered as a force majeure situation: a natural disaster, war, insurrection, riot, economic sanctions, fire, flood, climatic conditions, explosion, epidemic, pandemic, terrorism, labor dispute, strike, any form of collective action or conflict, as well as any circumstance that would prevent the normal production, shipment or transportation of products, and other similar situations that may affect the Customer, Shinncare, its subcontractors, its suppliers or its carriers.
12. INTELLECTUAL PROPERTY RIGHTS
- The content as well as structure of the Website, including trademarks, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Shinncare or entitled third parties. This Website is the property of Shinncare.
- The Customer is not authorized to reproduce, take over, modify, transfer, publish, or adapt in any way or part of the Website's content.
- The Product has been protected by intellectual property rights belonging exclusively to Shinncare.
- The name Shinn is the registered word mark of Shinncare. Any usage of this sign is prohibited without the prior written consent of Shinncare.
13. PROCESSING OF PERSONAL DATA
- The Customer's personal data will be processed by Shinncare inits capacity as data controller.
- Shinncare will handle your personal data in accordance with its privacystatement and in accordance with applicable privacy legislation including the General Data Protection Regulation 2016/679 and the law of July 30, 2018 on the protection of natural persons concerning the processing of personal data.
- Any complaints by the Customer about the Product will be handled by Shinncare as soon as reasonably possible and answered within 7 days of receipt at the latest.
- Complaints about the execution of the Distance Agreement must be submitted to Shinncare within a reasonable time, fully and clearly described after the Customer has found the defects.
15. APPLICABLE LAW AND COMPETENT COURT
- The Distance Contract is exclusively governed by Belgian law regardless of the Customer's place of residence.
- Any and all disputes arising from the Distance Agreement fall under the exclusive jurisdiction of the courts of the judicial district in accordance with article 624, 1°, 2° and 4° Judicial Code. In addition, Shinncare is also entitled to bring a dispute before any other court with jurisdiction under the law to take cognizance thereof.
- Finally, The European Union has developed an online platform for online discussions through alternative dispute resolution. This can be found at the following link http://ec.europa.eu/consumers/odr/.
16. OTHER PROVISIONS
- Any changes to these general conditions of sale will be announced appropriately at all times.
- Any notice or communication provided for or related to theseGeneral Terms and Conditions of Sale or Distance Contract must be in writing. Notices or communications by mail or e-mail are permitted. Such communications or notices shall be addressed to the e-mail address firstname.lastname@example.org or address as shown above.
- No party shall be considered to have waived any right or claim it may have under or by reason of these general conditions of sale or theRemote Agreement except where such waiver is expressly made and communicated in writing.
- If any clause in these General Terms and Conditions of Sale or the Distance Contract should be unenforceable or conflict with any provision of mandatory law, this shall not affect the validity and enforceability of the remaining clauses, nor the validity and enforceability of that part of the clause in question that is not unenforceable or conflicts with mandatory law. Where appropriate, the Customer and Shinncare shall immediately engage in good faith discussions to replace the invalid or unenforceable provision with a valid, enforceable provision and as close as possible to the intent underlying the invalid or unenforceable provision.
Last updated June 25, 2021.