Terms & Conditions

Here you’ll find the small print for ordering at Unisk. Check out the FAQ page for all answers to your questions in human language.

 

Our definitions

  1. Unisk: Unisk, established in Valkenswaard, Chamber of Commerce no. 27302561.

  2. Customer: the person with whom Unisk has entered into an agreement.

  3. Parties: Unisk and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all offers, activities, orders, agreements and deliveries of services or products by or on behalf of Unisk. 

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices on uniskdesign.com

  1. All prices used by Unisk are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Unisk is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

  3. Increases in the cost prices of products or parts thereof, which Unisk could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

 

Payments and payment term

  1. Unisk reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Right of cancellation 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that the product has not been used

  1. The reflection period of 14 days as referred to in paragraph 1 commences on the day after the consumer has received the last product or part of 1 order

  2. The consumer can notify his right of cancellation via hello@uniskdesign.com, if desired by using the withdrawal form that can be requested via the website www.uniskdesign.com.

  3. The consumer is obliged to return the product to Unisk within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse. 

  4. The costs for return are due Unisk if the complete order is returned.

  5. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Unisk will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Unisk in time.

Retention of title 

  1. Unisk remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Unisk under whatever agreement with Unisk including of claims regarding the shortcomings in the performance.

  2. Until then, Unisk can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If Unisk invokes its retention of title, the agreement will be dissolved and Unisk has the right to claim compensation, lost profits and interest.

Delivery 

  1. Delivery takes place while stocks last.

  2. Delivery of products ordered online takes place at the address indicated by the customer. 

Delivery period

  1. Any delivery period specified by Unisk is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the electronic ordering process and received an electronic confirmation of his order from Unisk. 

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Unisk cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs 

 Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Unisk may not be held liable for any damage.

Insurance

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Exchange

  1. Exchange is only possible if the following conditions are met:

  • exchange takes place within 14 days after purchase upon presentation of the original invoice

  • the product is returned in the original packaging

  • the product has not been used

Indemnity

The customer indemnifies Unisk against all third-party claims that are related to the products supplied by Unisk. 

 

Complaints

  1. The customer must examine a product or service provided by Unisk as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Unisk of this as soon as possible, but in any case within 14 days after the delivery of the product.

  3. Consumers must inform Unisk of this within 14 days after delivery of the shortcomings.

  4. The customer gives a detailed description as possible of the shortcomings, so that Unisk is able to respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

Giving notice

  1. The customer must provide any notice of default to Unisk via hello @ uniskdesign.com.

Liability of Unisk

  1. Unisk is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 

  2. If Unisk is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. Unisk is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

  4. If Unisk is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Unisk shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if Unisk imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by Unisk is not permanent or temporarily impossible, dissolution can only take place after Unisk is in default.

  3. Unisk has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Unisk good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Unisk in the fulfillment of any obligation to the customer cannot be attributed to Unisk in any situation independent of the will of Unisk, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Unisk .

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.

  3. If a situation of force majeure arises as a result of which Unisk cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Unisk can comply with it.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. Unisk does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

Changes in the general terms and conditions

  1. Unisk is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in content will be discussed by Unisk with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

  1. The customer can not transfer its rights deferring from an agreement with Unisk to third parties without the prior written consent of Unisk .

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Unisk had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where Unisk is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 12 september 2020.