GENERAL TERMS AND CONDITIONS SKEPP

Introduction

Below you will find our General Terms & Conditions. These always apply if you use our website or place an order there and contains important information for you as a visitor. Therefore, read our General Terms & Conditions carefully. We further recommend that you save or print these terms and conditions, so that you can read them again later.

Definitions

SKEPP: with its registered office in Almelo and registered at the Kamer van Koophandel (Chamber of Commerce) under registration number KvK 08216260, acting under the name SKEPP.

Website: SKEPP's website, can be viewed on https://www.skepp.nl and all corresponding subdomains.

Customer: the natural or legal person acting in the course of a business or in the course of a profession who enters into an agreement with SKEPP and/or who has registered on the website.

Agreement: every agreement between SKEPP and the customer, of which agreement the General Terms & Conditions are an integral part.

General Terms & Conditions: the General Terms & Conditions in question: this document.

Applicability General Terms & Conditions

The General Terms & Conditions apply to all offerings, agreements and deliveries by SKEPP, unless expressly agreed otherwise in writing.

If, in his or its order, confirmation or notice, the customer accepts provisions or terms and conditions that derogate from, or are not included in the General Terms & Conditions, these are only binding to SKEPP if and insofar as these have been expressly agreed in writing by SKEPP.

Prices and Information

All prices mentioned on the website and in other materials belonging to SKEPP are excluding VAT and, unless expressly stated otherwise on the website, other taxes imposed by the government.

No separate shipping costs will be charged.

The contents of the website have been compiled with the utmost care. However, SKEPP cannot guarantee that all information in the website is always correct and complete. All prices and other information on the website and other materials belonging to SKEPP, are subject to a reservation regarding apparent programming and typing errors..

SKEPP cannot be held responsible for (colour) deviations resulting from monitor quality.

Conclusion of the Agreement

The agreement is concluded at the moment the customer accepts the offer by SKEPP and meets the General Terms & Conditions laid down by SKEPP.

If the customer has accepted the offer by electronic means, SKEPP will immediately send a confirmation of the receipt of acceptance of the offer, by electronic means. As long as the receipt of this offer has not been confirmed, the customer has the option of terminating the agreement.

If it appears that during the acceptance of the agreement, or during the agreement coming into force by any other means, incorrect information has been submitted, SKEPP retains the right not to meet its obligations until the correct information has been submitted.

SKEPP retains the right to refuse orders of customers who do not act in the course of a business or in the course of a profession.

Right of withdrawal & Trial period

Within the framework of Wet Kopen op Afstand ("Distance Selling Act"), consumers retain the right of a cooling-off period of 14 days after delivery of the product, when purchasing using the internet. Within this period, a product can be returned without the customer needing to state a reason.

Please be aware that the right of withdrawal (also known as trial period) does not apply to professional customers, businesses or people who act on behalf of companies. For more information about the right of withdrawal, please visit the European Consumer Centre.

All agreements which are made using our website are final after conclusion. With regard to the office monitor, you can test the respective service free of charge and without obligation for 2 weeks after placing your office online. After this period, you can decide for yourself whether you would like to extend the (paid) cooperation.

Registration

In order to optimally use the website, the customer can register using the registration form/the account subscription option on the website.

During the registration process, the customer chooses a user name and a password, which he can use to login after registering on the website. The customer is personally responsible for choosing a sufficiently reliable password.

The customer is obliged to keep his user name and password a strict secret. SKEPP is not liable for any misuse of the login credentials and can always assume that a customer that logs in on the website is truly that customer. All that happens through the account of the customer, falls entirely within the responsibility and the risk of the customer.

If the customer is aware that or suspects that his login credentials have fallen into unauthorised hands, the customer is to change his password as soon as possible and notify SKEPP of such an event immediately, so that SKEPP can take the appropriate measures.

Execution of the agreement

As soon as the order has been received by SKEPP, SKEPP will send the products as soon as possible, in compliance with section 3 of this Article.

SKEPP is within its rights to engage third parties for the performance of the obligations arising from agreement.

The website describes clearly, well before conclusion of the agreement, in which way the delivery will take place and when the products will be delivered. If no delivery date has been agreed or stated, the products will be delivered no later than within 30 days after conclusion of the agreement.

If SKEPP is not able to deliver the products within the agreed time period, it will notify the customer of this. The customer can then agree with a new delivery date or have the option to dissolve the agreement free of charge.

SKEPP advises the customer to inspect the delivered products and to report any faults within reasonable time, preferably in writing or per email. For further reference, please read the Article regarding Warranty and Conformity.

As soon as the products to be delivered have been delivered at the address stated by the customer, the risk, as far as these products are concerned, is transferred to the customer.

SKEPP is within its rights to deliver a similar product of similar quality to the ordered product, in the event that the ordered product is no longer available. The customer is then within his rights to dissolve the agreement free of charge and return the product free of charge.

Payment

The customer needs to pay SKEPP in accordance with the ordering procedure and meet the payment methods stated on the website, if applicable. SKEPP is free to choose its payment methods, and these may vary from time to time.

The customer needs to pay 50% to SKEPP before activities commence, for products and/or services that are not purchased via the SKEPP website. The other 50% needs to be paid after delivery.

Warranty and conformity

SKEPP will ensure that the products meet the requirements of this agreement, the details specified in the offer, the reasonable requirements of quality and functionality and the legal provisions and/or Government regulations existing on the date of conclusion of the agreement. If specifically agreed so, SKEPP also guarantees that the product is suitable for a use other than normal. Otherwise, the product only needs to be suitable for normal use.

If the delivered product does not meet the agreement's requirements, the customer needs to notify SKEPP of this within a reasonable period after discovering the fault.

If SKEPP deems the complaint valid, the products will be repaired, replaced or (partially) compensated, after consultation with the customer.

Products

A widget that has been produced and implemented by SKEPP, such as the 3D configurator and/or search engines remain SKEPP's property. The annual maintenance fees amount to 50% of the investment costs (design- and realisation costs). These are at the customer's expense (unless agreed otherwise in the agreement).

SKEPP delegates certain services to third parties. SKEPP shall not be held responsible for errors and/or shortcomings, made by third parties.

Complaints procedure

If the customer has a complaint about a product (in compliance with the Article concerning Warranty and conformity) and/or about other aspects of SKEPP's service, then he can file a complaint with SKEPP by phone, email or post. See contact details at the bottom of the General Terms & Conditions.

SKEPP will reply to the customer's complaint as soon as possible, but in any event within 5 days of receiving the complaint. If it is not yet possible to give a substantive or definitive reply, SKEPP will confirm receipt of the complaint within 5 days of receiving the complaint, and will give an indication of the period in which SKEPP expects to be able to give a substantive or definitive reply to the customer's complaint.

Liability

The total liability of SKEPP towards the customer due to attributable failure in observing of the agreement is limited to a reimbursement of at most the sum of the stipulated price for that agreement (VAT included). In no event will the total reimbursement of direct damage ever exceed €500,-.

The liability of SKEPP towards the customer for indirect damage, including but expressly not limited to consequential loss, loss of profits, lost savings, data loss and loss caused by interruption of operations, is excluded.

Excepting the cases named in the two previous sections of this Article, SKEPP shall not be liable in any way to pay damages, regardless of the ground on which an action for compensation may be based. The limitations mentioned in Article lapse if and insofar as damage is the result of wilful intent or gross negligence on the part of SKEPP.

The liability of SKEPP towards the customer due to imputable shortcoming in performing an agreement only arises if the customer immediately and properly provides a written notice of default to the SKEPP, stating a reasonable time period for correction of the deficiency, and SKEPP also fails to meet its obligations after this period. The notice of default needs to contain a description of the deficiency which is as detailed as possible, allowing SKEPP to respond adequately.

A condition for the entitlement to any compensation is always that the customer reports the damage to SKEPP as soon as possible, but no later than 30 days after it occurs

In case of force majeure, SKEPP shall not be obliged to compensate any damage sustained by the customer as a result.

Retention of title 1

As long as the customer has not made a full payment amounting to the entire agreed amount, all supplied goods will remain SKEPP's property.

Personal data

SKEPP processes the customer's personal data in compliance with the privacy statement/cookie policy published on the website.

Final provisions

Dutch law applies to this agreement.

Insofar as rules of mandatory law do not prescribe otherwise, all conflicts arising as a result of the agreement shall be referred to the competent Dutch court in the district where SKEPP is registered.

If a provision of these General Terms & Conditions is declared null and void, then this does not affect the validity of the General Terms & Conditions in their entirety. In this event, parties will determine (a) new provision(s), which as far as is possible by law gives shape to the intention of the original provision.

In these General Terms & Conditions "in writing" also means communication by email and fax, provided that the identity of the sender and the integrity of the email has been sufficiently determined.

Contact information

If, after reading these General Terms & Conditions, you were to have any questions, complaints or comments, please feel free to contact us in writing or by email.

SKEPP B.V.
Brugstraat 11
7607XJ Almelo
Phone: 085- 877 05 19
Email: info@skepp.nl
KvK 08216260 (Chamber of Commerce)
BTW NL823806224B01 (VAT ID)
IBAN NL21RABO0135955459