GENERAL TERMS AND CONDITIONS SQINNO
Welcome to the website of Ultraceuticals / sQinno. Please read these terms and conditions before using the website. By using this website you agree to the application of these terms and conditions. These general terms and conditions may be amended by sQinno from time to time. By repeatedly using this website, you agree to the application of any amended general terms and conditions.
CHAPTER 1 - GENERAL
In these general terms and conditions, the following definitions are used (where singular is also meant plural and vice versa):
- General Terms and Conditions: these general terms and conditions.
- Day: calendar day.
- Customer: the natural or legal person who concludes an agreement with sQinno.
- Agreement: all agreements between sQinno and the Customer with regard to the purchase of the Products.
- Parties: sQinno and the Customer.
- Product: all products offered by sQinno.
- In writing: by post or e-mail.
- sQinno: the user of these General Terms and Conditions, being sQinno Cosmetics BV, established at Weteringstraat 62, 3741 TH Baarn (Chamber of Commerce number: 85825573).
- Website: this website.
- These General Terms and Conditions apply to and form part of the Website, all quotations, offers and Agreements of sQinno.
- Applicability of the Customer's general terms and conditions is expressly excluded.
- The Customer declares to have received a copy of these General Terms and Conditions from sQinno at the latest at the time of the conclusion of the Agreement.
- sQinno reserves the right to amend these General Terms and Conditions unilaterally. As soon as the amended General Terms and Conditions are on the Website, they apply to new users of the Website and new Customers. In the event of changes to the General Terms and Conditions, sQinno will inform existing Customers of the amended provisions. The changes will then form part of the Agreement.
- If the text in these General Terms and Conditions conflicts, or appears to conflict, with the text in the Agreement, the text of the Agreement shall prevail.
- If at any time sQinno does not (immediately) exercise its rights under the Agreement and/or these General Terms and Conditions, this will not affect its right and possibility to do so (still) in the future.
- If one of the provisions of the Agreement, or these General Terms and Conditions, proves to be null and void or voidable, the Agreement and the General Terms and Conditions will continue to apply. The parties will then enter into consultation to agree on a new provision to replace the void/annulled provision. This new provision must be in accordance with the purpose and purport of the void or annulled provision.
- The Customer is not entitled to transfer the Agreement or one or more of its rights and obligations under the Agreement without the prior express Written consent of sQinno.
- sQinno is permitted, at its own discretion, to transfer the Agreement, or its rights and obligations under the Agreement, and/or full ownership of the Products to a third party. By accepting the validity of the General Terms and Conditions, the Customer is deemed to cooperate with any transfer by sQinno.
- sQinno is entitled to engage third parties in the context of the execution of the Agreement.
- Applicable law and competent court
- These General Terms and Conditions, all quotations, offers and Agreements between the Parties, or all agreements arising from them and/or related thereto, and/or any non-contractual disputes between the Parties, are governed by Dutch law.
- The Vienna Sales Convention does not apply to these General Terms and Conditions, any quotation, offer or Agreement between the Parties, or any agreement arising from them and/or related to them.
- All possible disputes – including non-contractual disputes – arising from, or related to, these General Terms and Conditions, quotations, offers and/or the Agreement will be submitted exclusively to the competent court of the District Court of Central Netherlands.
- All offers and quotations of sQinno are without obligation and are made on the basis of the prices and specifications applicable at the time of the offer.
- sQinno reserves the right to make changes to its Products, depicted and described on its Website, in brochures and/or in other documentation, at any time.
- If sQinno shows a model or a sample, this is only done by way of indication and no rights can be derived from it. The Products to be delivered may differ from the model or sample.
- Products displayed on the Website are only available if the Products are in stock. If Products are not in stock, sQinno cannot be obliged to (fully) comply with an Agreement. sQinno will notify Customers if the Customer orders a Product that is not in stock.
- Offers by sQinno cannot be used in combination with other offers or discounts, unless this has been deviated from in Writing.
- Conclusion of the Agreement
- On the Website, the Customer can order Products from sQinno. An Agreement between sQinno and the Customer is only concluded as soon as sQinno confirms the Customer's order in Writing or because sQinno executes the Customer's order.
- sQinno has the right to refuse orders from Customers. If an order is refused, as a result of which no Agreement is concluded, this will be reported in Writing by sQinno to the Customer.
- (Oral) agreements made between the Parties, after the conclusion of the Agreement, only take effect after Written confirmation by sQinno.
- Agreements made with, or promises made by, subordinates of sQinno, or intermediaries and / or third parties engaged by sQinno, only bind sQinno if it has expressly confirmed these agreements or commitments to the Customer in Writing.
- Products ordered via the Website are for personal use by the Customer only and may not be resold by the Customer without the express Written consent of sQinno. By ordering Products through the Website, the Customer agrees not to resell the Products, including any part of the Product. sQinno has the right to refuse or reduce orders – with or without notice – if sQinno – in its sole discretion – believes that the order (possibly) results in a violation of these General Terms and Conditions.
- sQinno has the right at all times to determine that certain Products will only be delivered from certain minimum quantities.
- Fraud is taken very seriously by sQinno. sQinno is entitled to report any (suspected) fraudulent transactions. sQinno has the right to report (suspected) fraud to the relevant authorities and/or organisations, whereby delivery addresses, names, telephone numbers and/or IP addresses may be used.
- All prices are in euros and include VAT, taxes and delivery costs, unless explicitly stated otherwise in Writing. Transport must be paid in accordance with the rate applicable on the date and time of delivery. For more information, sQinno Customer refers to its Transport and Delivery
- sQinno is not responsible for customs, import and/or export costs. Import restrictions vary from country to country. The Customer is responsible for any customs, import and/or export costs and/or other import-related costs and/or levies.
- The quotations and/or quotations of sQinno are leading, any price increases reserved.
- sQinno reserves the right to adjust the prices of Products as depicted on the Website at any time.
- The Customer cannot derive any rights from bonuses, discounts or offers given by sQinno in the past.
the day of conclusion of the Agreement; or
the day of receipt by sQinno of what, according to the Agreement, may have to be paid by the Customer in advance.
- The indication of a delivery time by sQinno is only indicative (no deadline), unless expressly agreed otherwise in Writing between the Parties. If a term is exceeded, the Customer must give sQinno written notice of default.
- Exceeding the (expected) delivery time will not result in default or liability for sQinno. In the event of exceeding this, sQinno will inform the Customer of this and inform the Customer about the new delivery time.
- If sQinno does not deliver within the new delivery time, the Customer has as the sole and exclusive remedy the possibility to dissolve the relevant non-executed parts of the Agreement, without the Customer being entitled to compensation for damage and / or costs.
- The delivery time starts at the last of the following times:
- If the period within which delivery will be made is expressed in days, day is understood to mean a working day and/or a Saturday, other than a Sunday or national holiday.
- Delivery and risk
- The moment of delivery is the moment that the risk on the Products passes to the Customer.
- Unless expressly agreed otherwise in Writing, delivery takes place by default Ex Works (Incoterms most recent version).
- If the Customer arranges the transport of the Products himself, this will take place at the expense and risk of the Customer.
- If the Products cannot be delivered on the agreed delivery date, because the Customer refuses or fails to take delivery of the Products, this will be seen as the moment of delivery and the moment at which the risk with regard to the Products passes from sQinno to the Customer. In this case, sQinno will determine – at its own discretion – whether it will try to deliver the Products again or have them delivered. In addition, sQinno will be entitled to store the Products at the risk and expense of the Customer. sQinno will not make the Products available until the Customer has paid the additional costs of transport and/or storage – if applicable. If the Customer does not purchase the Products within 1 month from the originally agreed time of delivery, sQinno will, after summons, be entitled to deliver the Products to other customers or otherwise dispose of the Products, without prejudice to sQinno's right to cover the costs associated with storing the Products and the non-acceptance by the Customer, as well as any damage, to be recovered from the Customer.
- sQinno is entitled to deliver deliveries and/or Products in partial deliveries. If sQinno uses partial deliveries, SQinno can invoice per partial delivery.
- If the stock of sQinno is limited for any reason, sQinno has the right to distribute the available Products to its customer base at its sole discretion and this may result, depending on the given situation, that fewer Products are delivered to the Customer than agreed in the Agreement, or that only a part of (a) Product (s) is delivered, without sQinno arising any responsibility or liability towards the Customer for any resulting damage.
- Cancellation / return
there is an incorrect price (obvious mistake); or
sQinno is convinced that the Agreement cannot be fulfilled according to the expectations of the Customer.
- The Customer may cancel or modify the Agreement until such time as change is no longer permitted and/or possible, as included in sQinno's Return Policy. If the order has already been sent to the Customer, the Customer must follow the return procedure as described in the Return Policy.
- If the Customer wishes to cancel the order before it has been sent to the Customer, the Customer must contact sQinno's Customer Service at the following e-mail address: firstname.lastname@example.org.
- If the Customer changes his mind about the purchase of a Product, the Customer may return the Product – as long as it is unopened – within 30 Days of purchase, whereby the purchase price will be fully refunded to the Customer. Opened Products cannot be returned. Unless the return is the result of an error in the delivery by sQinno, the Customer will bear the costs of return. More information about returns can be found in sQinno's.
- If sQinno (partially) accepts the cancellation of the Agreement in accordance with the procedure in the Return Policy, sQinno will refund the Customer's payment to the Customer in accordance with the part of the Agreement that has been cancelled. The Customer bears the costs of returning Products.
- sQinno may in any case cancel an Agreement if (non-exhaustive):
sQinno will make it known in Writing if it cancels the Agreement. If the Customer in the situation mentioned under (b) still wishes to execute the Agreement, then the customer's right of complaint, return and refund will lapse.
- All notices or other communications under the Agreement to sQinno must be made in writing, and sent by registered mail or e-mail to the following address or e-mail address respectively:
Weteringstraat 62, 3741 TH Baarn
or to the address and/or e-mail address that sQinno has provided as the address and/or e-mail address for receiving notifications or other communications.
- Any notification or other communication has effect from the moment of handing over (if sent by registered mail) or the moment of successful sending (if sent by e-mail).
- As evidence that a notification or other communication has been handed over or successfully sent, it shall be sufficient to prove that the envelope containing the notification or other communication was correctly addressed and sent by registered post, or that the e-mail was correctly addressed and sent. Evidence to the contrary to the above is hereby excluded. This is an evidentiary agreement.
provide accurate and current personal information, including his name, address and a valid email address; and
be at least 18 years old and have the authority to enter into valid agreements.
- In order to place orders and use certain parts of the Website, the Customer must create an account. The registration of an account is free of charge. To create an account, the Customer must:
- In order to be able to use the account, the Customer will create a username and password himself.
- The Customer must protect access to his account from unauthorized persons by means of the username and password. In particular, the Customer must keep the password strictly confidential. sQinno may assume that all actions from the Customer's account after logging in with his username and password, are done by the Customer and /or under his direction and supervision. The Customer is liable for all these actions.
- sQinno is not liable for misuse or loss of the login details.
- If the Customer believes that unlawful access to the Customer's account has taken place, the Customer will immediately report this in Writing to sQinno.
- sQinno has the right to delete an account at any time.
- Unless expressly agreed otherwise in Writing, payment will be made immediately upon ordering the Products via the Website.
- If it has been agreed in Writing that payment is not made immediately upon ordering the Products via the Website, the payment term of invoices from sQinno is 14 Days after the invoice date, unless expressly agreed otherwise in Writing.
- sQinno may always demand advance payment of the invoice.
- If an ordered Product is not available, the purchase price will be refunded.
- All costs of the Customer to sQinno are designated in order of due and payable to pay 1) the costs, 2) the interest and 3) the principal sums.
- After the payment term as described in this article has expired unused, the Customer is immediately in default and must pay sQinno an interest payment equal to the statutory interest in accordance with art. 6:119a of the Dutch Civil Code and all extrajudicial costs, calculated in accordance with the Staffel Extrajudicial Collection Costs, whereby a minimum amount of € 100 will apply.
- The Customer is not authorized to proceed with set-off or deductions.
- If the Customer becomes in default or in the event of liquidation, (application for) bankruptcy, attachment or (provisional) suspension of payment, application for or granting admission to the Natural Persons Debt Rescheduling Act (WSNP), or a WHOA scheme, all (future) claims outstanding with sQinno on the Customer are immediately due and payable.
- The (future) claims of sQinno against the Customer become immediately due and payable if sQinno has a well-founded fear of assuming that the Customer will not meet its obligations or that a security provided proves insufficient. If one of these situations occurs, sQinno is also entitled to suspend any further performance until it has certainty that this performance will be paid for, without prejudice to sQinno's right to claim compensation.
- All Products delivered by sQinno, either processed or unprocessed, remain the property of sQinno until the Customer has fulfilled all obligations under the Agreement concluded between the Parties.
- The Customer is not authorized to sell, pledge or in any other way transfer or encumber the Products subject to retention of title, unless this is done in the normal business operations of the Customer with the prior express Written consent of sQinno. This article has property law effect within the meaning of Article 3:83 of the Dutch Civil Code.
- If third parties impose garnishment on the Products delivered under retention of title or wish to establish or assert rights thereon, the Customer is obliged to inform sQinno of this in Writing as soon as possible.
- The Customer is obliged to store products delivered under retention of title with due care and as recognizable property of sQinno.
- In the event that sQinno wishes to exercise its property rights referred to in this article, the Customer already gives unconditional and irrevocable permission to sQinno or third parties to be designated by sQinno to enter all those places where the property of sQinno is located and to take back those goods.
there are incorrectly ordered quantities, volumes and/or product types;
there are minor deviations in quality, quantity, material and other deviations that are considered permissible in the industry;
there is a deviation of the Product from an image in a catalogue, brochures and other promotional material of sQinno or on the Website;
the delivered Product has been exposed to abnormal circumstances, in the broadest sense of the word, or has otherwise been used, stored and/or treated carelessly, or has been used, stored and/or treated contrary to the instructions of sQinno and/or its supplier;
the Products have not been used in accordance with the documentation, instructions and/or instructions for use (on the product label) issued by sQinno and/or its supplier.
- The Customer is obliged to check the delivered Products for conformity at the time of delivery. In doing so, the Customer must, among other things, investigate whether the quality – as far as possible – and/or quantity of the delivered goods correspond to what has been agreed.
- If an order is lost and/or damaged during transport, the Customer must contact sQinno. If possible, sQinno will solve the problem in cooperation with the courier.
- Complaints from the Customer about the non-compliance with the Agreement of the Products delivered by sQinno will only be dealt with by sQinno if these complaints have been submitted to sQinno in Writing within 48 hours after delivery, stating a description of the defect. Complaints submitted later or verbally regarding the calculated prices and invoices will not be accepted.
- Complaints from the Customer with regard to the non-compliance with the Agreement of the Products delivered by sQinno must be submitted in Writing to sQinno no later than 48 hours after discovery of the non-visible defect – or after the non-visible defect could have been detected – up to six months after delivery of the Products, which period has to be regarded as an expiry period, unless – if applicable – it concerns a warranty claim.
- Complaints about the calculated prices and other complaints about invoices must be submitted to sQinno in Writing within a reasonable period of no more than 7 Days after the invoice date, stating a description of the nature of the complaint. Complaints submitted later or verbally regarding the calculated prices and invoices will not be accepted.
- sQinno must be enabled by the Customer to conduct further investigation into the merits of the complaint in the event of a complaint within the meaning of this article within 8 Days after the notification thereof by the Customer in the absence of which any right to warranty expires, for this sQinno or a third party designated by sQinno is entitled to access the defective Products. In the event of unjustified complaints, sQinno is free to charge the Customer for the costs of investigation.
- sQinno does not guarantee that applications or other software services are error-free and function without interruptions.
- sQinno has the right not to deal with complaints if:
- In the event of justified complaints, sQinno is free to choose between the free replacement and/or repair of the delivered Products, or to (partially) settle the amount of returned Products by means of a credit note.
- In the event of a recall, the Customer is obliged to cooperate with the instructions and/or imposed procedures of sQinno and/or its suppliers.
- An appeal to this article does not suspend the Customer's payment obligation.
- Complaints from customers of the Customer will not be processed and will be referred to the Customer. Only the Customer can make defects known to sQinno and, if applicable, claim the guarantees given by sQinno.
- Allergic reactions
- Products should be used in accordance with the instructions for use on the label. In the unlikely event that the Customer's skin becomes irritated or shows any signs of an allergic reaction, the Customer must immediately stop using the Product and the Customer must immediately contact sQinno via Customer Service and/or the following telephone number: +31850608683, to speak to one of sQinno's skin therapists. If sQinno's skin therapist believes that the Product has caused the skin reaction, sQinno will exchange the Product with another Product.
- Use Website / Content on sQinno platforms
that is incorrect, incomplete or misleading;
that is inappropriate and/or indecent;
that violates any intellectual property and/or privacy right of a third party;
for which the Customer is sponsored or otherwise compensated;
that contains information referring to other websites, addresses, e-mail addresses, contact information or telephone numbers;
to approach other Customers for commercial purposes; or
that contains computer viruses, worms, or other potentially harmful computer programs or files.
- By making available a review and/or content – including, but not limited to, comments, texts, photos, videos, audio files, ideas, codes or any other data or materials – on the Website or on any other platform of sQinno – including, but not limited to, Google, LinkedIn, Facebook, Instagram – the Customer and/or user of the Website and/or other platform of sQinno agrees to be bound by these General Terms and Conditions. If the Customer and/or user of the Website does not agree with these General Terms and Conditions, the Customer and/or user of the Website and/or other platform of sQinno must not post a review and/or content.
- It is forbidden to use the account and/or to post reviews and/or other content on the Website and/or other platforms of sQinno for actions that are contrary to Dutch or other applicable laws and regulations. This includes storing or distributing information that is defamatory, defamatory, racist or in any other way discriminatory, as well as creating accounts under someone else's name or otherwise impersonating another person.
- In addition, it is forbidden to place content via the account, the Website and/or other platform of sQinno:
be the sole and independent author and own any intellectual property right thereon;
have reached the age of at least 13 years;
that the content may be used by sQinno;
that use of the content does not constitute a violation of these General Terms and Conditions; and
that (the use of) the content will not cause any damage to any natural person and/or legal entity.
- The Customer and/or user of the Website and/or other platform of sQinno that places content on the Website and/or other platform of sQinno declares and guarantees:
- sQinno may refuse to post a review and/or other content – for whatever reason – on its Website or other platform. sQinno has the right to remove any review and/or content posted on its Website and/or other platform if – in sQinno's sole discretion – it violates these General Terms and Conditions. sQinno does not guarantee that the Customer and/or user of the Website and/or other platform of sQinno can modify and/or remove any review and/or content.
- Links to third parties
- Links to other websites over which sQinno has no influence may be placed on this Website. sQinno is not responsible for the content of these websites. Although sQinno will generally approve the content of these websites, sQinno does not give any guarantee and sQinno is not responsible for any aspect and/or any content of these websites. The links to such websites are provided for convenience only and may not be current. Use of such link is at your own risk.
- Advice and information
- The advice and information on the Website are of a general nature and are not intended to replace any professional advice for individual and/or specific cases. Although sQinno makes every effort to keep the information on the Website accurate and up-to-date, sQinno cannot be held liable for any loss and/or damage resulting from the use of the information.
- In the event of an attributable shortcoming in the performance on its part, sQinno's liability for damage is limited to the amount of the invoice value of the products concerned with which the damage is related. The liability of sQinno is in any case limited to the coverage that the (liability) insurance pays out.
- Damage is exclusively understood to mean direct damage, consisting of: 1) the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions and there is actually damage and liability of sQinno, 2) any reasonable costs incurred to ensure that the defective performance of sQinno complies with the Agreement, unless this defect cannot be attributed to sQinno and 3) reasonable costs incurred to prevent or limit the damage, insofar as the Customer demonstrates that he has suffered this damage, and that these costs have actually contributed to limiting the damage.
- sQinno is not liable for indirect damage, including, but not limited to any consequential damage of the Customer such as loss of income, stagnation damage, loss of profit, missed savings, reduced goodwill, loss of reputation, damage as a result of claims of customers of the Customer.
- The Customer bears the responsibility to make available to sQinno in a timely manner the relevant, correct and complete information that sQinno needs for the execution of the Agreement. sQinno may assume the completeness and accuracy of the information provided. sQinno is not responsible and/or liable for any damage and/or costs resulting from defects in and/or the lack of information that is or should have been made available by the Customer, or of circumstances that differ in practice than those that sQinno, when accepting the Agreement, may assume.
- A condition for the creation of any right to compensation is always that the Customer reports the damage to sQinno in Writing as soon as possible after its occurrence in accordance with the periods included in these General Terms and Conditions. Any claim against sQinno, except for which has been acknowledged by sQinno, shall lapse by the mere lapse of 12 months after the claim arose.
- sQinno takes the necessary care to ensure the optimal functioning and security of its Website and the data obtained through its Website, but cannot guarantee the result of that care. sQinno therefore accepts no liability in this regard for any damage, destruction, loss, theft or corruption of data (including personal data) or for damage resulting from a security breach, infringement or from the (un)availability of the Website. Nor is sQinno liable for damage resulting from unauthorized or unlawful use of its Website and/or Products.
- Force majeure
damage resulting from natural disasters and/or storm damage;
war, danger of war and/or any other form of armed conflict including terrorism or threat thereof in the Netherlands and/or other countries as a result of which the delivery of Products is impeded;
strikes, company occupation, forced closure, riots and any other form of malfunction and/or obstruction caused by third parties;
illness of one or more workers who are difficult to replace;
legislative or administrative measures taken by the government which impede supplies, including import and export bans/obstacles;
lack and/or malfunctions in means of transport, production equipment, any machinery or energy supplies;
restrictions or cessations of supplies by public utilities;
fire, water damage, malfunctions or accidents in the business of sQinno or of third parties engaged by sQinno;
non-delivery or late delivery to sQinno by suppliers or other third parties;
stagnation in the supply of goods, raw materials and/or energy;
epidemic and/or pandemic;
seizures of stocks and/or inventory at sQinno or from third parties engaged by sQinno;
liquidity problems for sQinno and/or third parties engaged by sQinno;
failure or interruption of electrical, network and/or telephone systems, ransomware and other (online) attacks, computer viruses; and
all other causes, arising through no fault of its own or at risk.
- In the event of a shortcoming by sQinno in the performance of the Agreement which shortcoming is caused by force majeure, sQinno will be allowed to suspend performance of the Agreement free of charge and therefore not be bound by any obligation under an Agreement. If sQinno is unable to fulfil its obligations under the Agreement due to a temporary (more than 3 months) or permanent situation of force majeure, sQinno is entitled to terminate the Agreement free of charge without judicial intervention. The Customer is under no circumstances entitled to compensation for any damage, costs and/or interest.
- In the event of force majeure, sQinno will inform the Customer of such a situation as soon as possible.
- As a non-attributable shortcoming on the part of sQinno, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen or unforeseen, including in any case, but not exclusively understood, are understood to mean:
- If, in the event of force majeure, sQinno has already partially fulfilled its obligations, or will partially fulfil them, the Customer must pay the price due for this part to sQinno.
- Suspension and (interim) termination
the Customer fails to comply with the obligations incumbent on him and this default has not been lifted within 10 Days after the date of dispatch of the notice of default;
the Customer violates the obligations in article 2 and/or 16.3;
the Customer's data – for whatever reason – cannot be verified;
after the conclusion of the Agreement, sQinno becomes aware of circumstances that give good reason to fear that the Customer cannot fulfil the obligations under the Agreement;
the Customer applies for (provisional) suspension of payment or that he is granted suspension of payment;
the bankruptcy of the Customer has been applied for or the Customer has been declared bankrupt;
the Customer applies for admission to the Debt Rescheduling Natural Persons Act (WSNP), or that the Customer is granted permission to the WSNP;
a significant part of the Customer's assets is seized or there is liquidation of the Customer;
an arrangement is made with creditors in accordance with the WHOA; or
changes control over the Customer directly and/or indirectly in any way.
- sQinno is entitled to suspend and/or delete an account and/or to dissolve the Agreement in whole or in part with immediate effect without judicial intervention, in Writing or to suspend without being obliged to pay compensation, and without prejudice to sQinno's right, instead of dissolution or suspension, to demand compliance and without prejudice to its right to compensation, if:
- The Customer must immediately inform sQinno of the above circumstances in Writing.
- If sQinno dissolves or suspends the Agreement on the basis of this article, then any (future) claim of sQinno against the Customer is immediately due and payable.
- If an Agreement is terminated, the articles of these General Terms and Conditions and/or the Agreement that by their nature are intended to continue after termination between the Parties remain in full force and effect.
- The Customer – or user of the Website and/or other platform of sQinno – indemnifies sQinno against all claims arising from the violation of the guarantees and/or obligations entered into by the Customer – or user of the Website and/or other platform of sQinno – in Article 16.
- The Customer and/or user of the Website indemnifies sQinno against all claims arising from the negligent, unlawful and/or illegal use and management of the Website and/or Products.
- The Customer indemnifies sQinno against claims from third parties who see that information provided by the Customer infringes the rights of third parties.
- The Customer indemnifies sQinno against all possible claims from third parties, including customers of Customers, with regard to any (alleged) damage, for whatever reason, arising from or in connection with the execution of the Agreement and / or the use of the delivered Products by the Customer.
- All intellectual property rights including, but not limited to, copyrights, trademark rights, patents, database rights, moral rights or other similar rights or forms of protection on the Products, software, user interfaces, software, analyses, designs, working methods, reports, models, images, drawings, photographs, prototypes, printed matter, files, Website, website content and the like, are vested exclusively in sQinno and/or its licensors. No intellectual property right is granted to the Customer in the Products.
- The Customer may only use the trademarks of sQinno and/or its licensors to the extent necessary to use the Products. This use does not grant the Customer any ownership or other rights of use, unless otherwise provided in the Agreement. The Customer may not remove or make illegible indications of sQinno and/or its licensor as the rightful claimant.
where disclosure is required by any law or regulation, or an order or instruction to disclose is given by an authority;
if the confidential information has become public on or after the date of the Agreement, other than due to an attributable shortcoming of a customer, or any unlawful act of which the Customer concerned knew or could reasonably have known at the time of disclosure that it was unlawful; or
insofar as disclosure is made to professional advisers of the Client, subject to an equivalent confidentiality obligation.
- All information, in the broadest sense of the word, including but not limited to business information that is aimed at specific characteristics of the Product or company of sQinno (work process, process and pricing), which is provided by sQinno to the Customer in the context of negotiations or the Agreement is strictly personal and confidential. This information may not be disclosed in whole or in part without the Written permission of sQinno.
- By way of derogation from the previous paragraph of article, disclosure is permitted:
- (Personal) data
- The Customer guarantees that he will provide sQinno with all information relevant to the Agreement, including all information and other (personal) data, which the Customer can reasonably understand as necessary for the execution of the Agreement.
- The Customer guarantees the correctness, topicality, completeness and reliability of the (personal) data and information provided by or on behalf of him to sQinno.
- If the (personal) data necessary for the execution of the Agreement have not been made available to sQinno, not in time or not in accordance with the agreements, sQinno will not be held liable for any damage suffered by the Customer and sQinno has the right to charge the Customer for the costs incurred as a result of this and to suspend the execution of the Agreement.
- sQinno handles personal data with care and acts in accordance with the provisions of the General Data Protection Regulation. For more information regarding the use of personal data by sQinno, sQinno refers to its .
CHAPTER 2 – CONSUMER
If sQinno Enters into Agreements with consumers, some general provisions and definitions do not apply (in full) and adjusted conditions apply. This Chapter 2 on consumers contains the provisions relating to consumers. For the purposes of this Chapter 2, the following additional definitions shall apply:
- Cooling-off period: the period of 14 days within which a Consumer can make use of his Right of Withdrawal free of charge and without giving any reason.
- Consumer: the Customer who is a natural person who is not acting in the exercise of a profession or business.
- Right of withdrawal: the possibility for the Consumer to renounce the Distance Contract within the Cooling-off Period.
- In addition to, or – in the event of inconsistencies – in deviation from, Article 2 of these General Terms and Conditions, the following provisions apply to Consumers.
- sQinno is not entitled to transfer the Agreement or one or more of its rights and obligations under the Agreement, without the prior express Written consent of the Consumer.
the total price of the products (prices including VAT);
all transport costs;
the manner in which the Agreement will be concluded and which actions are required for this;
the method of payment, delivery, execution and the term to which sQinno undertakes to deliver the good;
the costs for the use of means of distance communication for the conclusion of the Agreement when these costs are calculated on a basis other than the basic rate.
- In addition to, or – in the event of inconsistencies – in deviation from, Article 4 of these General Terms and Conditions, this article applies with regard to offers in relation to Consumers.
- Offers contain a complete and accurate description of the products offered and their characteristics. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. Obvious mistakes or obvious errors in offers do not bind sQinno.
- Each offer contains such information that it is clear to the Consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular information concerning:
- In addition to, or – in the event of inconsistencies – in deviation from, Article 5 of these General Terms and Conditions, the following provisions apply to Consumers with regard to the conclusion of the Agreement.
- The Agreement is concluded at the moment of acceptance by the Consumer of the offer of sQinno.
- If the Consumer has accepted the offer of sQinno electronically, sQinno will immediately confirm receipt of the acceptance of its offer electronically. As long as the receipt of this acceptance has not been confirmed by sQinno, the Consumer can dissolve the Agreement.
- In addition to, or – in the event of inconsistencies – in deviation from, articles 7 and 8 of these General Terms and Conditions, the following provisions apply to Consumers with regard to the delivery.
- The place of delivery is the address that the Consumer has made known to sQinno.
- sQinno will execute accepted orders expeditiously. If the delivery is delayed, or if an Agreement cannot be executed or can only be executed in part, the Consumer will receive notice of this no later than 30 Days after the Agreement has been concluded. In that case, the Consumer has the right to dissolve the Agreement, after the Consumer has first sent sQinno a reminder and has given it notice of default.
- In the event of dissolution in accordance with the previous paragraph, sQinno will be entitled to a payment for the part of the Agreement that has already been executed by sQinno. The amount that the Consumer has paid will – insofar as this exceeds the aforementioned payment for sQinno – be refunded by sQinno as soon as possible, but no later than 30 Days after dissolution.
- The risk of damage and/or loss of products rests with sQinno until the moment of delivery to the Consumer or a representative designated in advance to sQinno, unless expressly agreed otherwise. If the Consumer chooses a carrier himself, the risk of sQinno passes to the carrier, or Consumer, if he transfers the product to the carrier.
- In addition to, or – in the event of conflicts – in deviation from, Article 14 of these General Terms and Conditions, the following provisions apply to Consumers with regard to complaints.
- Consumers must inspect delivered Products within a reasonable time.
- Any complaints regarding visible defects with regard to the Products delivered by sQinno must be submitted to sQinno in Writing within a reasonable time – at least within 2 months – after receipt of the Product, stating precisely the facts to which the complaint relates.
- Any complaints with regard to non-visible defects with regard to the Products delivered by sQinno must be submitted to sQinno in Writing within a reasonable time – at least 2 months – after discovery of the defect, or after the defect could reasonably have been discovered, stating precisely the facts to which the complaint relates.
- Insofar as there are expiry periods, these will never be shorter than the statutory expiry period with regard to Consumers.
- In addition to, or – in the event of inconsistencies – in deviation from, Article 6 of these General Terms and Conditions, the following provisions apply to Consumers.
- The prices of Products are displayed on the Website including VAT and other costs and/or levies.
- During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes as a result of changes in VAT rates.
- Competent court
- In addition to, or – in the event of inconsistencies – in deviation from, Article 3 of these General Terms and Conditions, the following provisions apply to Consumers.
- All disputes arising from or in connection with the Agreement and/or these General Terms and Conditions will be submitted to the District Court of Oost-Brabant, unless another court is competent under the law to take cognizance of the dispute and the Consumer within 6 weeks, after sQinno has invoked this provision in Writing towards the Consumer, opts for settlement of the dispute by the competent court according to the law.
- Right of withdrawal
the day after receipt of the Product by the Consumer (or a representative designated in advance by the Consumer, made known to sQinno); or
the day on which the Consumer (or a third party designated by him, who is not the carrier) has received the last Product, if the Consumer has ordered several Products in the same order that will be delivered separately; or
the day on which the Consumer (or a third party designated by him, who is not the carrier) has received the last shipment or the last part, if the delivery of a Product consists of several shipments or parts.
- The starting point is that the Products originating from sQinno comply with the Agreement and are sound. The consumer is entitled to this.
- When purchasing Products at a distance, the Consumer has the option to dissolve the Agreement without giving reasons for 14 Days. This Reflection Period deals with:
The Right of Withdrawal can also be used before the delivery has taken place.
- The Right of Withdrawal for Consumers does not apply to:
- the delivery of Products that spoil quickly and/or that have a limited shelf life; or
- the delivery of Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery.
- During the Cooling-off Period, the Consumer will handle the Product and all that has been delivered with it with care. He will only unpack the Product to the extent necessary to assess whether he wishes to keep the Product. The consumer must be able to assess the nature, characteristics and functioning of the Product, so that packaging etc. may be removed. The Consumer is liable for the depreciation of the Product if a treatment thereof during the Cooling-Off Period has gone beyond what is necessary to determine its nature, characteristics and functioning.
- Consumer who wants to make use of the Right of Withdrawal is obliged to make this known to sQinno in good time by means of an unambiguous statement to that effect.
- sQinno will immediately confirm receipt of the statement as stated in the previous paragraph to the Consumer.
- If the Consumer exercises his Right of Withdrawal, he will return the Product with all accessories and - if reasonably possible - in the original condition and packaging, within 14 Days after he has stated that he wants to make use of his Right of Withdrawal, to sQinno, in accordance with the reasonable and clear instructions provided by sQinno, or the Consumer will demonstrate that the Product has been returned in accordance with the reasonable and clear instructions provided by sQinno. Instructions.
- If the Consumer makes use of his Right of Withdrawal, at most the costs of returning the Product will be for his account.
- Within 14 Days after the Consumer's statement, sQinno will, if the Consumer had already paid the purchase price of the Product, refund the purchase price (including the delivery costs) via the same means of payment as previously used by the Consumer, subject to the express permission of the Consumer to do this in another way.
- If the Consumer does not make use of the Right of Withdrawal within the Cooling-off Period, the Agreement will become final.
- The provisions in this article apply in addition to, or – in the event of conflicts – in deviation from provisions in chapter 1 of these Terms and Conditions.
Name: sQinno Cosmetics B.V.
Visiting address: Weteringstraat 62, 3741 TH Baarn
Phone Number: +31850608683
E-mail address: email@example.com
Chamber of Commerce number: 85825573
VAT number: NL863756438B01