Terms & Conditions

TERMS AND CONDITIONS sinoz.EU

Table of contents:

ARTICLE 1 - IDENTITY OF Sinoz

STK Cosmetica B.V.
Pieter Ghijsenlaan 29
1506 PW Zaandam
Chamber of Commerce: 71134182
VAT no.: NL860714779B01

ARTICLE 2 - DEFINITIONS

In these Terms, the following definitions apply:

  1. Additional agreement means an agreement whereby the Customer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by sinoz or by a third party under an agreement between that third party and sinoz;
  2. Cooling-off periodthe period during which the Customer may exercise their right of withdrawal;
  3. Customerany person or entity contracting with sinoz, regardless of whether they are an entrepreneur;
  4. Daycalendar day;
  5. Digital contentdata produced and supplied in digital form;
  6. Continuing performance agreementan agreement intended for the regular delivery of goods, services and/or digital content over a certain period of time;
  7. Durable mediumany device, including email, that enables the Customer or sinoz to store information addressed personally to them in a way that allows future consultation or use for a period of time adequate for the purpose for which it is intended, and that permits the unchanged reproduction of the stored information;
  8. Right of withdrawalthe ability of the Customer to withdraw from the contract during the cooling-off period;
  9. Distance contractan agreement between sinoz and the Customer under an organized system for the distance sale of products, digital content and/or services, whereby exclusive or shared use is made of one or more means of distance communication until the agreement is concluded;
  10. Standard withdrawal formis enclosed in Annex I to this European standard withdrawal form. The form need not be submitted if the Customer has no right of withdrawal regarding their order;
  11. Means of distance communicationmeans that can be used to conclude a contract without the Customer and sinoz having to meet in the same room.

 

ARTICLE 3 - SCOPE OF APPLICATION

  1. These general conditions (hereafter referred to as the Terms) apply to all promotional offers, orders and agreements of sinoz, as well as to any distance contract concluded between sinoz and the Customer.
  2. Accepting a promotion or placing an order implies that the Customer agrees to the applicability of these Terms and the privacy policy. The Customer declares and guarantees - tacitly or explicitly - that they have read and fully understood these Terms.
  3. All rights and claims belonging to sinoz as set out in these Terms or in other contracts also apply to mediators and other third parties commissioned by sinoz. 
  4. Before the distance contract is concluded, the text of these Terms will be made available to the Customer. If this is not reasonably possible, sinoz will indicate how the Terms can be consulted and that, at the Customer’s request, the Terms will be sent as soon as possible and free of charge.
  5. If the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general conditions will be made available to the Customer electronically in such a way that the Customer can easily store it on a durable medium. If this is not reasonably possible, sinoz will indicate where the Terms can be consulted electronically before the distance contract is concluded. At the Customer’s request, by electronic means or otherwise, the Terms will be sent free of charge.
  6. In addition to these general conditions, specific product or service conditions apply; the fourth and fifth paragraphs shall apply mutatis mutandis. In the event of conflicting conditions, the Customer may always rely on the applicable provision that is most favorable to them.
  7. If a contract is concluded orally, performance is postponed until the buyer has sent written confirmation of the order.
  8. sinoz may unilaterally amend these Terms, and the amendments shall also apply to existing agreements, provided that during the validity period of an offer, the most favorable provisions shall apply. The amended terms are available upon request and free of charge.
  9. The right of withdrawal as laid out in Article 6 et seq. of these Terms does not apply to a Customer who is not a consumer. A consumer is a person who is not acting for purposes related to their trade, business, craft or profession.
  10. In the event that the content of these Terms conflicts with any provision in their Dutch equivalent, the Dutch equivalent shall prevail.

 

ARTICLE 4 – THE OFFER

  1. If an offer is subject to a limited duration or conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the Customer to properly assess the offer. If sinoz uses pictures, these must be a true representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer shall not be binding on sinoz.
  3. Every offer will contain information that clearly explains to the Customer which rights and obligations are involved in accepting the offer.
  4. Every offer clearly sets out the information for the Customer regarding their rights and obligations in connection with accepting the offer.

 

ARTICLE 5 – THE AGREEMENT

  1. The agreement is concluded - under the conditions set out in paragraph 4, at the time the Customer accepts the offer and complies with the applicable conditions.
  2. If the Customer has accepted the offer electronically, sinoz will immediately confirm receipt of the electronic acceptance of the offer. Until sinoz has confirmed receipt of this acceptance, the Customer may withdraw from the contract.
  3. If the contract is concluded electronically, sinoz will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, sinoz will take appropriate security measures.
  4. sinoz may, within the limits of the law, assess the Customer’s ability to fulfill their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this assessment, sinoz has good reasons not to conclude the agreement, it is entitled to refuse an order or request or to impose special conditions.
  5. sinoz will provide the Customer, upon delivery of the product, service, or digital content, with the following information in writing or in such a way that the Customer can store it on an accessible durable medium:
    1. the visiting address of sinoz where the Customer can lodge complaints;
    2. the conditions under which and how the Customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about existing after-sales service and guarantees;
    4. the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the arrangements for payment, delivery, or performance of the contract;
    5. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
    6. If the Customer has a right of withdrawal, the standard withdrawal form.
  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

  1. The Customer may withdraw from a contract for the purchase of a product during a cooling-off period of 14 days. sinoz may ask the Customer about the reason for withdrawal, but may not oblige the Customer to provide it.
  2. The cooling-off period starts on the day after the Customer, or a third party other than the carrier designated by the Customer, receives the product, or:
    1. If the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, has received the final product. sinoz may refuse an order for several products with different delivery times, provided that the Customer is clearly informed about this before the ordering process.
    2. If the supply of a product consists of several consignments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or piece;
    3. in the case of agreements for regular delivery of products over a period of time: the day on which the Customer, or a third party designated by him, has received the first product.

 

AARTICLE 7 – OBLIGATIONS OF THE CUSTOMER DURING THE COOLING-OFF PERIOD

  1. During this period the Customer shall handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to assess the nature, characteristics and operation of the product. The starting point is that the Customer should only handle and inspect the product as he would in a store.
  2. The Customer shall only be liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1 of this article.
  3. The Customer shall not be liable for any depreciation of the product if sinoz has not informed him before or at the conclusion of the agreement with all mandatory information about the right of withdrawal.

 

ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER AND COSTS

  1. If the Customer exercises his right of withdrawal, he reports this within the cooling-off period using the model form for withdrawal or on another unambiguous way to sinoz.
  2. As fast as possible, but within 14 days from the day following the notification referred to in member 1, the Customer shall send the product back, or he hands it over (a representative of) sinoz. This is not required if sinoz has offered to pick up the product. The Customer has taken account the term for returning the product if he returns the product before the withdrawal period has expired.
  3. The Customer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions by sinoz.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
  5. The Customer shall bear the direct costs of returning the product. If sinoz has not reported that the Customer has to bear these costs or if sinoz indicates that it will bear the costs itself, the Customer does not bear the costs.
  6. The Customer shall not bear the costs for the full or partial delivery of digital content which is not delivered on a material carrier, if:
    1. before its delivery, the Customer has not explicitly agreed to begin performance of the agreement before the end of the cooling-off period;
    2. The Customer has not agreed to waive the right of withdrawal by giving consent; or
    3. sinoz has failed to confirm this statement by the Customer.
  7. If the Customer exercises the right of withdrawal, any ancillary contracts shall be automatically dissolved.

 

ARTICLE 9 – OBLIGATIONS OF sinoz DURING WITHDRAWAL

  1. If sinoz allows the Customer to notify the withdrawal electronically, it shall send an acknowledgement of receipt of this notification without delay.
  2. sinoz shall reimburse all payments made by the Customer, including any delivery charges for the returned product, without delay and no later than 14 days after the day on which the Customer reports the withdrawal. Unless sinoz offers to collect the product, it may wait with the refund until it has received the returned goods or until the Customer can prove that the product has been returned, whichever occurs earlier.
  3. sinoz refunds the amount due using the same payment method that the Customer used, unless the Customer consents to another method. The refund is free of charge for the Customer.
  4. If the Customer has chosen a more expensive delivery method than the cheapest standard delivery, sinoz is not required to reimburse the additional costs for the more expensive method.

 

ARTICLE 10 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Sinoz may exclude the following goods and services from the right of withdrawal, but only if sinoz explicitly mentions this in the offer or at least before the agreement is concluded:

  1. Products or services whose price is subject to fluctuations in the financial market over which sinoz has no influence and which may occur during the withdrawal period;
  2. Products manufactured according to the Customer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the Customer, or which are clearly intended for a specific person;
  3. Products that deteriorate quickly or have a limited shelf life;
  4. Sealed products that are unsuitable for return for reasons of health protection or hygiene and were unsealed after delivery;
  5. Products that, after delivery, are irrevocably mixed with other products due to their nature.

 

ARTICLE 11 – PRICE

  1. During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for price changes resulting from changes in the law.
  2. By way of derogation from clause 1, sinoz may stipulate price increases that do not result from changes in the law.
  3. When sinoz increases the agreed price within three months after concluding the agreement, the Customer is entitled to dissolve the agreement.

 

ARTICLE 11A – CURRENCY

  1. All stated prices for the goods and services offered are in euros, including VAT and excluding shipping costs, any applicable taxes or other fees, unless stated or stipulated otherwise.
  2. If the price is in a foreign currency, the price in that foreign currency will never exceed the equivalent price in Dutch currency applicable at the time the order is accepted.

 

ARTICLE 11B – INCORRECT PRICE

If the sinoz website displays obviously incorrect prices due to a software failure or human error, sinoz reserves the right to change the prices. In such a case, the Customer always has the option to dissolve the agreement. The Customer will be informed of the incorrect price by email.

 

AARTICLE 12 – CONFORMITY, AGREEMENT AND EXTRA WARRANTY

  1. sinoz guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, sinoz may also guarantee that the product is suitable for uses other than normal use.
  2. An extra warranty granted by sinoz, its supplier or manufacturer never limits the legal rights and claims that the Customer may invoke against sinoz under the agreement if sinoz has seriously failed to comply with the agreement.
  3. An extra warranty means any undertaking by sinoz, its supplier, importer or producer whereby it grants the Customer certain rights or claims that go beyond what is legally required in the event of a serious failure to comply with the agreement.

 

ARTICLE 13 – SHIPPING AND EXECUTION

  1. sinoz will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the Customer has provided to sinoz.
  3. Subject to the provisions of Article 4 of these Terms, sinoz accepts orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not delivered or is only partially delivered to the Customer, the Customer will be informed of this no later than 30 days after the order was placed. In this case, the Customer has the right to terminate the contract without penalty and with the right to possible compensation.
  4. After dissolution in accordance with the previous article, sinoz will refund the Customer the amount paid without delay.
  5. The risk of damage and/or loss of the products remains with sinoz until they are delivered to the Customer, unless explicitly agreed otherwise.
  6. The stated delivery periods are estimates based on the availability of the goods and typical delivery times. All products are shipped on behalf of and at the risk of the Customer.
  7. Every Customer is responsible for the import duties, fees, and taxes applicable in their country. The Customer indemnifies sinoz against all duties and taxes imposed by the country of destination.

 

ARTICLE 14 – CONTINUING PERFORMANCE TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination:

  1. The Customer may cancel an indefinite-term contract for the regular delivery of products or services at any time, in accordance with the applicable termination rules and with a notice period of no more than one month.
  2. The Customer may cancel a fixed-term contract for the regular delivery of products or services at any time before the end of the fixed term, in accordance with the applicable termination rules and with a notice period of no more than one month.
  3. The Customer may cancel the agreements mentioned in the preceding paragraphs:
  •  at any time and not be limited to cancellation at a specific time or during a specified period;
  •  at least in the same manner in which they were entered into by the Customer;
  •  with the same notice period as sinoz has stipulated for itself.

Renewal:

  1. A fixed-term contract for the regular delivery of products or services must not be tacitly extended or renewed for a specified period.
  2. A fixed-term contract for the regular delivery of products or services may be tacitly extended for an indefinite period only if the Customer may cancel it at any time with a notice period of no more than one month.

Duration:

  1. If an agreement has a duration of more than one year, the Customer may cancel the agreement only with one month's notice, unless cancellation before the end of the agreed term would be unreasonable.

 

ARTICLE 15 – PAYMENT

  1. Payment must be made without discount or set-off within fourteen days of the invoice date for shipments within the Netherlands, and within twenty-one days of the invoice date for shipments outside the Netherlands, unless otherwise agreed in writing.
  2. In the case of payment by bank transfer, the payment date is the date on which sinoz's bank account is credited.
  3. If prepayment is stipulated, the Customer cannot assert any right regarding the execution of their order before the stipulated prepayment has been made.
  4. The Customer is obliged to report inaccuracies in payment data without delay to sinoz.
  5. If a Customer fails to meet their payment obligations, they shall be given a period of fourteen days to make the outstanding payment. After this fourteen-day period, sinoz shall be entitled to charge extrajudicial collection costs. These collection costs shall not exceed the following rates: 15% on outstanding amounts up to €2.500, =; 10% on the subsequent €2.500, = and 5% on the subsequent €5.000, with a minimum of €40. sinoz may apply different amounts and percentages to the Customer's benefit.

 

ARTICLE 16 – COMPLAINTS PROCEDURE

  1. If a Customer has a complaint about delivered goods, they can contact sinoz Customer Service via the contact form.
  2. sinoz strives to:
    Process complaints as soon as possible;
    2. Inform the Customer of the period within which a complaint will be resolved;
    3. To inform the Customer about the status of their complaint.
  3. Complaints about the performance of the agreement must be reported within a reasonably short period after the defects are discovered. Submissions must contain a complete and clear description of the complaint.
  4. sinoz shall respond to complaints within fourteen days of receipt. If a complaint is expected to require a longer processing period, sinoz shall respond within fourteen days of receiving the complaint with an acknowledgment of receipt and an indication of the period within which a more detailed response can be expected.
  5. The Customer must allow sinoz a period of at least four weeks to resolve complaints amicably.

 

ARTICLE 17 – DISPUTES

  1. Dutch law shall apply to these Terms and to every agreement with sinoz, except where it conflicts with mandatory national law. All disputes that may arise directly or indirectly from an agreement with sinoz shall be resolved exclusively by the competent Dutch court.
  2. Dutch law shall apply exclusively to agreements between sinoz and a Customer acting in the course of their business or profession and established in another EU Member State. This applies regardless of which law governs the contractual relationship between the parties.
  3. The Dutch courts shall have exclusive jurisdiction to hear disputes arising from a specific legal relationship, regardless of whether the parties are established in an EU Member State.

 

ARTICLE 18 – SEVERABILITY AND INTERPRETATION

  1. If one or more provisions of these Terms are found to be legally invalid, the remaining Terms shall remain in force. The parties shall consult with each other about the invalid provisions and ensure that a legally valid replacement provision is created that aligns as closely as possible with the purpose of the provision being replaced.
  2. These Terms shall apply exclusively to contracts between sinoz and Customers. If sinoz refers to two or more sets of terms and conditions, the Customer's acceptance shall be deemed to apply to all the terms and conditions referred to.
  3. In case of conflicting terms and conditions, these Terms shall apply exclusively.

 

ARTICLE 19 – LIABILITY 

Indemnification and liability

  1. The content on the website is intended solely as general information and not as diagnostic or therapeutic advice or otherwise as a substitute for medical advice. sinoz is neither liable for the efficacy of products, the contents of manufacturers' enclosed leaflets, informative texts, descriptions of treatment methods or other descriptions on the website, nor can any guarantees be given. sinoz does not provide legal and/or medical advice or medical and/or diagnostic services. If a Customer relies on the accuracy of the information provided on or via the website, they do so entirely at their own risk and expense.
  2. Neither sinoz nor any of its owners, managers, directors, staff members, representatives, partners, advertisers or affiliated businesses is responsible for any incorrect, inaccurate, incomplete or misleading information on the website and/or provided during the payment process.
  3. Every Customer will fully indemnify and compensate sinoz for losses, costs or damages (including reasonable costs for lawyers, experts or other reasonable legal costs) arising from, resulting from or in any way connected with:
    The Customer's failure to comply with these Terms;
    2. Unauthorized or unlawful use of the website by the Customer;
    3. An incorrect presentation of facts by the Customer while visiting the website;
    4. Claims by persons or entities other than the parties to the contract, resulting from or related to the Customer's use of the website.

 Viruses, hacking and other offenses

  1. It is strictly prohibited to misuse the website by deliberately introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material. It is furthermore prohibited to gain unauthorized access to the website, the server on which the website is stored, or any server, computer or database connected to the website. Committing the aforementioned acts is a criminal offense, and sinoz reports such offenses to the authorized law enforcement authorities. sinoz shall cooperate in disclosing the identity of the Customer to the aforementioned authorities. In the event of such an offense, the Customer's right to use the website ends immediately.
  2. sinoz is never liable for loss or damage caused by a distributed ‘denial-of-service’ attack, viruses or other technologically harmful material that infect computer devices, computer software, data or other material protected by property law as a result of using the website or downloading materials from the website or any other website linked to it.