Terms & Conditions

Article 1 - Definitions

The following definitions apply in these terms and conditions:

Consumer: a natural person who is acting outside his trade, business, craft or profession;

Day: calendar day;

Digital content: data that are produced and supplied in digital form;

Durable medium: every means - including e-mails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

Skine: Mechhive B.V. Jeroen Boschlaan 69, 5642 AP Eindhoven, The Netherlands.

Article 2 - Applicability

2.1 These general terms and conditions apply to every offer made by Skine and to every agreement concluded between Skine and a consumer. By activating the ‘Order & Pay’ button, the consumer confirms acceptance of these terms and conditions.

2.2 These general terms and conditions are available at https://skine.com/terms-and-condition, from which website consumers can easily download these general terms and conditions and store them on a durable data carrier.

2.3 In the event that any provision of these general terms and conditions is null and void or is annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect and the provision that is null and void or annulled shall be replaced by a valid provision that resembles the intention of the invalid provision as much as possible.

Article 3 - The offer

3.1 If an offer is made subject to conditions or is subject to a limited period of validity, this will be explicitly mentioned in the offer.

3.2 The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to properly assess the offer, and the offer sufficiently informs the consumer of the rights and obligations related to the acceptance of the offer. If illustrations are used, these will be a true representation of the products and/or services being offered.

3.3 Skine is not bound by obvious errors or mistakes in the offer. In the event that Skine is not the publisher or issuer of the digital content or product, the offer is at all times considered to be limited to what is published or offered by the publisher or issuer of the digital product in its product information and terms and conditions. Skine is, however, under no obligation to provide the consumer with the terms and conditions of any publisher or issuer. The consumer is obliged to download them himself from the publisher's or issuer's website.

Article 4 - The contract

4.1 The contract will be concluded, subject to that which is stipulated in paragraph 4.3, at the moment when the consumer accepts the offer by activating the 'Checkout' button, the conditions thereby stipulated have been fulfilled and Skine has received payment of the relevant amount due .For all payments Skine may make use of intermediaries, among whom Mechhive B.V.

4.2 If the consumer has accepted the offer electronically, receipt of acceptance of the offer will be confirmed by Skine sending the product electronically. The consumer can dissolve the contract as long as this confirmation by Skine has not been sent.

4.3 Skine may request and obtain information – within statutory frameworks – about facts and factors that are important for the responsible conclusion of the contract. If that information –or the lack thereof- gives Skine grounds for declining to conclude the contract, for instance because of suspicion of fraud, then Skine has the right to withdraw an offer, to reject an order, to bind its acceptance of an order or the execution of a contract to special conditions, to suspend performance of a contract or to rescind a contract, and to omit or perform any action reasonably deemed useful by Skine to preserve its reputation and to recover any loss or damage. Skine is not obliged to repay any amount received by it unless it is in all reasonableness convinced of the legitimacy of its source.

Article 5 - The price

5.1 Skine may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Skine has no influence.

5.2 Prices stated in offers of products or services do not include service charges, which are mentioned separately as a percentage of the price, as well as transaction fees (such as the costs charged by the payment service provider to Skine for the use of the payment method chosen by the consumer), and VAT (if applicable). The total price for the purchase of a digital product is the price mentioned on the check-out page.

5.3 Skine reserves the right to send reminders regarding outstanding payments or other relevant matters relating to the products delivered. The consumer expressly consents to receiving such communications, which may be sent by any means of (electronic) communication.

Article 6 – Delivery

6.1 Delivery is made by e-mail by way of an automated process, using the e-mail address provided by the consumer. If the consumer provides an incorrect e-mail address, the digital product cannot be delivered again. It is, therefore, essential that the consumer ensures that he provides the correct e-mail address. Even though Skine may -without being obliged to do so- request a confirmation of the e-mail address before delivering the product, any consequence of having provided an incorrect e-mail address is entirely for the consumer's account. Customers must be aware that if order and payment are made from different geographic locations, this may be seen as an indication of potential fraud, leading to delayed or even refusal of delivery.

6.2 In addition to providing the correct e-mail address, the consumer must mention the correct region. Often, products are region bound, meaning that they may not be usable in another region. Once the 'Order & Pay' button has been activated, it is no longer possible to change the region. Although Skine attempts to show the consumer the best match based on his IP-address and browser, any consequence of having mentioned the wrong region is entirely for the consumer's account. Delivered digital products cannot be returned and the purchase price will not be refunded.

6.3. Consumers paying using PayPal should be aware, and accept, that the product will be delivered to their PayPal e-mail account and not any other e-mail address. It is the consumer's responsibility to ensure that Skine has access to the PayPal e-mail address, and Skine is not liable for not having access to it.

Article 7 - Contract fulfilment and guarantee

7.1 Skine guarantees that the products are according to the contract, comply with the specifications stated in the offer, the reasonable requirements of reliability and/or useability and the applicable mandatory statutory stipulations and/or government regulations that existed on the date that the contract was concluded.

7.2 Skine is not bound by statements made by third parties. Statements by the publisher or issuer of the digital product shall not be deemed to be communications by Skine and any reliance by the consumer on such statements shall not be held against Skine.

7.3 Digital products may have varying maturities, which are determined by the publisher or issuer of the digital product. Digital products in Skine's webshop that are directly from the publisher or issuer, are activated upon purchase in the webshop so that their duration is then equal to the duration as communicated by the publisher or issuer of the product. Digital products that come from distributors have already been activated so that their term may be shorter than the term as communicated by the publisher or issuer of the product. A shorter remaining maturity cannot be considered a defect and does not entitle the consumer to any discount not yet reflected in the price as stated in the webshop, the supply of a new digital product, or any reimbursement of the purchase price. Skine's digital products are intended for immediate online use only and any liability of Skine for loss or damage due to expiration of digital products is expressly excluded.

Article 8 – Force majeure

8.1 If and to the extent that Skine’s performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed directly or indirectly by a circumstance, whether foreseen or unforeseen, beyond Skine's reasonable control (a “Force Majeure Event”), and for which it is not accountable by virtue of the law, then Skine shall be excused for such non-performance, hindrance or delay of those obligations for as long as the Force Majeure Event continues and Skine shall not be liable for any damage or loss caused thereby. For the avoidance of doubt, the term "Force Majeure Event" includes, but is not limited to, such circumstances as third party default, internet disruptions and disruptions in payment services.

8.2 After having been notified by Skine of the Force Majeure Event, the consumer is entitled to cancel the order or contract. It should be noted that refunds can be made only to SEPA and Paypal accounts.

Article 9 – No right of dissolution or withdrawal

9.1 Offers and contracts concern the sale and purchase of digital content and products that are not supplied on a tangible medium. Skine expressly excludes the right of dissolution or withdrawal that the customer might otherwise have had under any applicable laws. By activating the 'Order & Pay' button, the consumer expressly consents and agrees that Skine may commence delivery of the product and the consumer expressly declares to waive any right of dissolution or withdrawal he might have.

Article 10 – Liability

10.1 To the maximum extent permitted by law, Skine will not be liable for any damages, losses, or claims arising from delayed delivery of the product, refusal of delivery of the product on the basis of these terms and conditions, and/or the use by a customer of Skine's website or of any product delivered by it, including but not limited to direct, indirect, incidental, consequential, or punitive damages. If and to the extent that Skine can be held liable, the maximum liability shall be limited to the immediate and foreseeable damage as a consequence of the non-performance or defective performance up to the nominal value of the digital product concerned. In the event of liability for a defective product, Skine will have full discretionary power to either provide another equivalent digital product or to refund the amount paid (at maximum up to the amount of the damage).

Article 11 – Indemnification

11.1 The consumer undertakes to indemnify Skine and to defend Skine and hold Skine, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to customer's use of the Service and/or any product delivered to him by Skine, customer's violation of these Terms, and/or customer's violation of any applicable laws, regulations, or third-party rights.

Article 12 - Complaints procedure

12.1 A consumer who has discovered shortcomings in the conclusion or execution of a contract must submit any complaints to Skine without delay, in full and with clear descriptions.

12.2 In case of a defect, the consumer must enable Skine to establish the cause of the defect by cooperation with Skine to the greatest extent reasonably possible. To this effect, the consumer is obliged to provide Skine of its own accord with all relevant information, including a screenshot of the error report, on pain of forfeiting the right to complain or to request any compensation.

12.3 Skine will reply to complaints submitted to it in accordance with paragraph 12.2 within a period of 14 days from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then Skine will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

12.4 The consumer shall give Skine a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

12.5 The consumer's right to complain or to request any compensation shall lapse on the expiry of 14 days after the day on which the product was delivered in accordance with article 6.

Article 13 – Applicable law; disputes

13.1 All offers by Skine and all contracts entered into between Skine and a consumer shall be governed by and construed in accordance with EU Governing Law, without regard to its conflict of law provisions.

13.2 Any dispute arising out of or related to an offer or a contract between a consumer and Skine shall be submitted to the Commercial Court of Antwerp, located in Belgium, which will have exclusive jurisdiction over such disputes.

13.3 No claim shall be admissible in court unless the consumer has first followed the complaints procedure of article 12.

13.4 If the complaint does not lead to a solution, the dispute must be submitted to the court no later than 12 months after the consumer submitted the complaint to Skine.

Article 14 - Amendment to the general terms and conditions of Skine

14.1 These terms and conditions may be amended from time to time. The amended terms and conditions will come into effect upon publication on Skine's website, and it is the consumer’s responsibility to check Skine’s website for the actual version of the terms and conditions regularly. However, where an amendment is published during the validity of an offer, the stipulation that is most favourable to the consumer will prevail.