Terms & Conditions
General Terms & Conditions
Uncover Skincare B.V.
These are our General Terms and Conditions. These General Terms and Conditions always apply when you use or place an order through the website located at http://www.dr-jetskeultee.com/. These General Terms and Conditions contain important information for you as a user of the Website. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later date.
ArticLE 1. DEFINITIONS
The capitalized terms in these General Terms and Conditions, both in the singular and plural, are understood to have the following meanings.
1.1. Agreement: any arrangement or agreement between Uncover Skincare and the Customer, of which these General Terms and Conditions form an integral part.
1.2. Customer: the natural person or company who enters into the Agreement with Uncover Skincare and/or who registers on the Website.
1.3. General Terms and Conditions: these General Terms and Conditions.
1.4. Uncover Skincare: the limited liability company based in Rotterdam (the Netherlands) and registered at the Chamber of Commerce under number 17230127.
1.5. Website: the website located at http://www.dr-jetskeultee.com/ and all of its subdomains.
1.6. Brand: Dr. Jetske Ultee is the brand name as used on the website and products.
ArticLE 2. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of the brand Dr. Jetske Ultee and the company Uncover Skincare, unless expressly agreed otherwise in writing.
2.2. Stipulations or terms and conditions of Customer that differ from or do not appear in these General Terms and Conditions shall only be binding on Uncover Skincare if and insofar as they have been expressly accepted by Uncover Skincare in writing.
ArticLE 3. PRICES AND INFORMATION
3.1. All prices stated on the Website and in other materials originating from the brand Dr. Jetske Ultee and the company Uncover Skincare are inclusive of VAT and other governmental imposed levies, unless expressly stated otherwise on the Website.
3.2. If shipping charges are applicable, these will be clearly stated in good time before the Agreement is concluded. These charges will also be separately displayed in the ordering procedure on the Website.
3.3. The content of the Website is composed with the greatest care. Uncover Skincare cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information stated on the Website and in other materials originating from Uncover Skincare are subject to obvious typographical and/or programming errors. Such obvious errors are not binding for Uncover Skincare.
3.4. Uncover Skincare cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
ArticLE 4. CONCLUSION OF THE AGREEMENT
4.1. The Agreement is deemed to be concluded the moment the Customer accepts the offer of Uncover Skincare, subject to the conditions stipulated by Uncover Skincare.
4.2. If the Customer has accepted the offer by electronic means, Uncover Skincare will confirm receipt of acceptance of the offer by electronic means without undue delay. Until such receipt of acceptance is confirmed, the Customer shall be at liberty to dissolve the Agreement.
4.3. In the event that any data necessary for the execution of the Agreement are not at Uncover Skincare's disposal, or not in time or in accordance with the arrangements, Uncover Skincare shall be entitled to suspend the execution of the Agreement until all necessary data is received.
ArticLE 5. REGISTRATION
5.1. To make optimal use of the Website, the Customer can register using the account sign-in option on the Website.
5.2. During the registration process, the Customer will be asked to choose a user name and password enabling the Customer to log on to the Website. The Customer is responsible for choosing and safeguarding his or her password.
5.3. Uncover Skincare cannot be held liable for any misuse of the login credentials and may assume that all actions undertaken from the Customer’s account after logging in with its username and password is authorized and supervised by the Customer. The Customer is responsible for, and bears the full risk of, any and all actions and transactions occurring via the Customer’s account.
5.4. If the Customer knows or has reason to suspect that its login details have become available to unauthorised parties, the Customer is required to change its password as soon as possible and/or to notify Uncover Skincare accordingly so as to allow Uncover Skincare to take appropriate measures.
ArticLE 6. EXECUTION OF THE AGREEMENT
6.1. As soon as Uncover Skincare has received the Customer’s order, Uncover Skincare will send the products to the Customer without undue delay and having regard to the provisions of Article 6.3.
6.2. Uncover Skincare is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3. The Website contains clear information in respect of the method and term for the delivery of the products, which information is made accessible to the Customer before the Customer confirms the order. If no delivery term has been agreed or stated, the products will be delivered within a maximum period of 30 calendar days.
6.4. If Uncover Skincare is unable to deliver the products within the agreed term, Uncover Skincare will notify the Customer accordingly. In such event, the Customer can decide either to agree to a new delivery date or to dissolve the Agreement without incurring any costs.
6.5. The risks of loss and/or damages to the products shall be borne by the Customer at the time the products are delivered to the agreed delivery address.
6.6. If the ordered product can no longer be supplied, Uncover Skincare is entitled (but not obligated) to deliver a product substantially similar in nature and quality to the ordered product. In such case, the Customer will have the right to dissolve the Agreement without incurring any costs and to return the product free of charge.
ArticLE 7. WITHDRAWAL/RETURN
7.1. Subject to the Articles 7.6 and 7.7, the Customer shall have the right, without being required to give any reason thereto, to dissolve the Agreement with Uncover Skincare within 14 days after having received the product. This 14 day period starts on the day after the product was received by the Customer or a third party designated by the Customer (not being the transporting party). In the event the Customer has ordered multiple products, which are shipped separately, the 14 day period will start the day on which the Customer, or a third party designated by the Customer (not being the transporting party), has received the last product.
7.2. Within the period of 14 days mentioned in Article 7.1, the Customer is requested to send an e-mail to [email protected] to obtain further details for returning the product(s). The Customer may also decide to use the standard form for withdrawal attached as an annex to these General Terms and Conditions, also available on the Website.
7.3. The Customer bears the costs for returning the products to Uncover Skincare, unless the product was faulty or defective on arrival (see Article 9).
7.4. As soon as possible, but in any event not later than 14 days after the day the Customer has informed Uncover Skincare to dissolve the Agreement pursuant to Article 7.1, the Customer must return the products with all relevant accessories and, if reasonably possible, in the original state and packaging, in accordance with any reasonable and clear instructions provided by Uncover Skincare.
7.5. The risk and burden of proof for properly and timely exercising the right of withdrawal shall be borne by the Customer.
7.6. Products which, due to health and/or hygienic reasons, are sealed may not be returned in their unsealed state and are excluded from the right of withdrawal.
7.7. During the 14 day period referred to in Article 7.1, the Customer shall handle the product and its packaging with due care. In particular, the Customer shall only unpack and use the product to the extent this is necessary to establish the nature, characteristics and functioning of the product.
7.8. For the purpose of Article 7.7, handling is beyond what is necessary to establish the nature, characteristics and functioning of the product if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a physical shop. The Customer is only liable for any damages or decrease in value resulting from handling contrary to this Article 7.
7.9. In the event the Customer uses its right of withdrawal pursuant to the conditions set forth in this Article 7, Uncover Skincare shall reimburse all payments made by the Customer, including any delivery costs incurred in ordering the product, as soon as possible but in any event within 14 days following the day on which the Consumer notified Uncover Skincare of the withdrawal. Uncover Skincare is, however, entitled to postpone reimbursement until Uncover Skincare has received the product or until the Consumer proves that he or she has returned the product, whichever of the two occurs first. Reimbursement shall take place using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise.
7.10. Uncover Skincare is not obliged to reimburse any payment for delivery if the Customer expressly chose a delivery method costing more than the least expensive common and generally acceptable delivery method offered by Uncover Skincare.
7.11. This Article 7 only applies to Customers acting for purposes which are wholly or mainly outside the Customer’s trade, business or profession.
ArticLE 8. PAYMENT
8.1. The Customer shall pay the amounts due to Uncover Skincare in accordance with the ordering procedure and any payment methods indicated on the Website. Uncover Skincare is free to offer any payment method of its choice and may change these methods at any time.
8.2. In the event the Customer has not timely fulfilled its payment obligations, and after Uncover Skincare has notified the Customer in writing of its late payment, allowing the Customer a period of 14 days to comply with its payment obligations, the Customer must pay the statutory interest in respect of the outstanding amount and Uncover Skincare is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2.500, 10% for the following € 2.500 and 5% for the following € 5.000, with a minimum of € 40. Uncover Skincare may deviate from the aforementioned amounts and percentages in favour of the Customer.
ArticLE 9. WARRANTIES AND CONFORMITY
9.1. Uncover Skincare guarantees that the products comply with the Agreement, are suitable for their intended use and comply with the laws and regulations applicable to such products that are in force from the date of entering into the Agreement. Uncover Skincare may offer warranties beyond suitability for normal use and conformity to reasonable expectations. Such additional warranties may be subject to payment of additional fees.
9.2. Uncover Skincare observes due care in the development of its products. Despite this due care, in exceptional circumstances an allergic reaction may occur when using the products. As each person is unique, an allergic reaction and its severity cannot be predicted beforehand. Before purchasing and using any product, always carefully read the list of ingredients to be sure that the product does not contain any ingredients that you already know will trigger or cause an allergic reaction. Before using the product, always apply a small amount of the product to an inconspicuous area of the skin and wait to see if any sensitivity or allergic reaction occurs.
9.3. Uncover Skincare does not provide medical advice and does not intend to diagnose or treat skin problems or conditions. The Customer should always consult with his or her health care provider for advice about a specific medical condition.
9.4. Uncover Skincare advises the Customer to inspect the products upon receipt and to report any defects within a reasonable period in writing, preferably within 48 hours after receipt. If Uncover Skincare deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer. For further details, see Article 10 (Complaints).
9.5. This Article 9 only applies to Customers acting for purposes which are wholly or mainly outside the Customer’s trade, business or profession.
ArticLE 10. COMPLAINTS
10.1. If the Customer has any complaints in connection with a product (in accordance with Article 6.3 and Article 9), or about any other aspects of Uncover Skincare’s performance of the Agreement, the Customer can submit a complaint by e-mail or post. Contact details are provided at the end of these General Terms and Conditions. The Customer is requested to fully and clearly describe the nature of its complaint.
10.2. Uncover Skincare will respond to the complaint as soon as possible, and in any case within 14 days after receipt. If it is not possible for Uncover Skincare to formulate a substantive response to the complaint within the aforementioned period, Uncover Skincare will confirm receipt of the complaint within 7 days after receipt and give an indication of the period necessary to provide a substantive or definitive response to the Customer.
10.3. The Customer is also at liberty to submit a complaint to the Online Dispute Resolution platform created by the European Commission available here: http://ec.europa.eu/consumers/odr/. The Customer can specify the following e-mail address: [email protected] through which Uncover Skincare may be contacted.
ArticLE 11. RETENTION OF TITLE
11.1. As long as the Customer has not made any full payment on the total due amount, Uncover Skincare will retain ownership of all delivered products.
ArticLE 12. PERSONAL DETAILS
12.1. Uncover Skincare will process the Customer’s personal data in accordance with the privacy statement published on the Website.
ArticLE 13. FINAL PROVISIONS
13.1. The Agreement is governed by the laws of the Netherlands. This choice of law does not, however, have the result of depriving the Customer of the protection afforded to him or her by provisions that cannot be derogated from by virtue of the law which, in the absence of such choice, would have been applicable to the Customer.
13.2. Unless mandatory law requires otherwise, any disputes arising from or associated with Agreement will be submitted to the competent Dutch court in the district where Uncover Skincare has its registered office.
13.3. If any provision of these General Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision of these General Terms and Conditions, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable, which shall as far as legally possible express the intention of the original provision.
13.4. The term ‘in writing’ in these General Terms and Conditions also refers to communication by e-mail and fax, provided that the sender’s identity and the integrity of the e-mail message have been sufficiently established.
ArticLE 14. CONTACT DETAILS
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by e-mail or post.
Dr. Jetske Ultee | Uncover Skincare B.V.
Koningin Emmaplein 7
3016 AA Rotterdam
Phone: +31 (0)10 - 4363 276 (Mon / Fri 9:00 a.m. to 5:00 p.m. CET)
E-mail: [email protected]
Chamber of Commerce: 17230127
VAT identification number: NL819719821B01
ANNEX I: MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
Dr. Jetske Ultee / Uncover Skincare B.V.
Koningin Emmaplein 7
3016 AA Rotterdam
[email protected] / +31 (0) 10 - 4363 276
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Reason for return (optional):
(*) Delete as appropriate