A. TERMS AND CONDITIONS OF USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.skinflips.co.uk ("SKINFLIPS shop") and our product ordering service ("Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the SKINFLIPS shop and/or the Service. By using the SKINFLIPS shop and/or our Service, you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the SKINFLIPS shop and/or the Service.
1. INFORMATION ABOUT US
http://www.skinflips.co.uk is a Site operated by DeinDesign GmbH ("we", "us", "our"). We are registered in Germany and our principle place of business is Planigerstraße 34 | Geb. 53A Gewerbezentrum Dr. Jacob, 55543 Bad Kreuznach, Germany.
2. ACCESSING THE SKINFLIPS SHOP
Access to the SKINFLIPS shop is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the SKINFLIPS shop or the Site itself without notice (see below). We will not be liable to you if for any reason the SKINFLIPS shop or the Service is temporarily unavailable at any time or for any period.
From time to time, we may restrict access to some or all parts of the SKINFLIPS shop and/or the Service.
You are responsible for making all arrangements necessary for you to have access to the SKINFLIPS shop and/or our Service. You are also responsible for ensuring that all persons who access the SKINFLIPS shop through your internet connection are aware of these terms, and that they comply with them.
3. USE OF THE SKINFLIPS SHOP
To order our products from the SKINFLIPS shop please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here: http://www.skinflips.co.uk.
You may not use the SKINFLIPS shop or its contents:
- for commercial purposes,
- for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the SKINFLIPS shop (e.g. item listings, descriptions, prices);
- to download (other than page caching) or modify the SKINFLIPS shop, or any portion of it; or
- for any purpose which is unlawful.
4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the SKINFLIPS shop including the Service and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the SKINFLIPS shop in breach of these terms of use, your right to use the SKINFLIPS shop will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Using the SKINFLIPS shop does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
SKINFLIPS shop and all all marks and brand names on this site are the trademarks or registered trademarks of DeinDesign. Certain artwork is being used under license. Trademarks of other parties are identified wherever possible and DeinDesign acknowledges their rights.
5. THE SKINFLIPS SHOP CHANGES REGULARLY
We aim to update the SKINFLIPS shop and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the SKINFLIPS shop or the Services, or close it indefinitely. Any of the material on the SKINFLIPS shop may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
The SKINFLIPS shop is provided "as is". Whilst we have taken every care in the preparation of the content of the SKINFLIPS shop we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the SKINFLIPS shop. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the SKINFLIPS shop or any of the materials on the SKINFLIPS shop (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these terms of use shall operate to exclude or restrict our liability for:
- death or personal injury resulting from negligence;
- fraud or deceit; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. YOUR OBLIGATIONS
SKINFLIPS processes the data and image products supplied by You using an automated technical procedure that does not involve manual checks and corrections. By uploading files, You confirm that you have the right to distribute and reproduce the content and materials contained in these files.
You guarantee that the content and materials contained in the transmitted files does not infringe applicable laws. You guarantee in particular that:
- no illegal documents, materials or content, or anything constituting incitement to commit crimes, will be transmitted to SKINFLIPS,
- no youth protection laws or provisions of the criminal code are infringed upon,
- the documents (particularly image and text files), materials and content transmitted to SKINFLIPS do not infringe any copyrights, trademarks or other property rights of third parties, or general personal rights or other rights of third parties.
Furthermore, you grant to SKINFLIPS a right to use the submitted data and image products for the purposes of creating the printed products.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SKINFLIPS SHOP
We process information about you in accordance with our Privacy Policy. By using the SKINFLIPS shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.
9. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the SKINFLIPS shop or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the SKINFLIPS shop or the Service, the server on which the SKINFLIPS shop or the Service is stored or any server, computer or database connected to the SKINFLIPS shop. You must not attack the SKINFLIPS shop or the Service via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the SKINFLIPS shop and our Service will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the SKINFLIPS shop and our Service or to your downloading of any material posted on it, or on any website linked to it.
10. LINKS FROM THE SKINFLIPS SHOP
Where the SKINFLIPS shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. WAIVER
If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
12. ALTERATIONS TO THESE TERMS OF USE
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the SKINFLIPS shop.
13. JURISDICTION AND APPLICABLE LAW
These terms of use are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
Last Updated: 25 May 2011
B. TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS!
http://www.skinflips.co.uk is a website operated by DeinDesign GmbH, a company incorporated under the laws of Germany whose principal place of business is at Grünberger Str. 54, 10245 Berlin, Germany, whose registered office is Planigerstraße 34 | Geb. 53A, Gewerbezentrum Dr. Jacob, 55543 Bad Kreuznach, Germany, Commercial Register: Amtsgericht Bad Kreuznach HRB 20178. Our VAT number is DE249384507. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the SKINFLIPS Products listed on our website http://www.skinflips.co.uk to you. Please read these terms of sale carefully before ordering any Products from the SKINFLIPS shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the SKINFLIPS shop, or if you are under 18, that you are accessing and using the SKINFLIPS shop with the consent of your parent or guardian.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the SKINFLIPS shop.
If you have any questions regarding these terms of sale (including any technical questions) please click here.
1 .TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- "DeinDesign", "we" or "us" means DeinDesign GmbH, its employees, subcontractors and/or other companies which are appointed by DeinDesign to provide services in relation to the SKINFLIPS shop operated by DeinDesign;
- "Goods" means physical products such as (but not limited to) , skins (self-adhesive vinyl foils), screen protection foils, sold in the SKINFLIPS shop.
2. AVAILABILITY
By ordering Products from the SKINFLIPS shop, you warrant that:
- You are legally capable of entering into binding contracts and
- You are at least 18 years old, or if you are under 18, that you are accessing and using the SKINFLIPS shop with the consent of your parent or guardian.
3. USING THE SKINFLIPS SHOP
To order any item, simply select your device and the desired design (this includes designs created by yourself throughout our skin configurator “CREATE YOUR OWN”), click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Enter your full name, company, billing and/or shipping address as well as your email address. These information need to be real and true. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
The contract between us (the "Contract") will be concluded with DeinDesign GmbH (Grünberger Str. 54, 10245 Berlin, Germany).
After placing an order, you will receive an order confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending the physical product/products to you.
The Contract will relate only to those Products which are listed in the Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
Although we endeavor to ensure the availability of the Products shown in the SKINFLIPS shop, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
- to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
- to notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
Your order will be fulfilled within seven business days after the receipt of your payment, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
Products sold in the SKINFLIPS shop are delivered to you by courier.
6. CONSUMER RIGHTS
The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") allow consumers the right to cancel orders for goods or services during the period of seven working days after the day on which delivery of goods takes place (the "Cooling Off Period"). If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
The seven day Cooling Off Period will start on the day that the Product is delivered to the address specified in your order.
To cancel a Contract within the Cooling Off period, you must inform us in writing by giving notice to info@skinflips.co.uk.
You have not the right to cancel the Contract in respect of Products made to Your specifications or Products which are clearly personalised. This applies to (but is not limited to) Products which have been created using the skin configurator (“CREATE YOUR OWN”). These Products must not be returned and will not be refunded.
If you have given us notice to cancel the Contract within the Cooling Off Period, you must return the Goods, together with any dockets or receipts, to us immediately at your own cost and risk. Goods must be returned to us at the returns address (which we will notify to you after you have provided us with notice of cancellation in accordance with clause 6.3 above), unopened and in their original packaging and in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We recommend that you retain copies of any dockets, receipts and proof of postage for your records.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
8. PRICE AND PAYMENT
The price of any Products will be as quoted in the SKINFLIPS shop from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on our shipping information page (http://www.skinflips.co.uk/shipping.html).
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The SKINFLIPS shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the SKINFLIPS shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the SKINFLIPS shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.
9. OUR REFUNDS POLICY
When you return a Product to us because you have cancelled the Contract between us within the seven-day Cooling-off Period (see clause 6 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice info@skinflips.co.uk. You are required to return any Goods to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Remember that Products which have been created using the skin configurator (“CREATE YOUR OWN”) must not be returned and will not be refunded (see clause 6 (Consumer Rights) above).
10. PERSONAL DATA
Personal details provided to DeinDesign through this website will only be used in accordance with our Privacy Policy. By using the SKINFLIPS shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.
11. OUR LIABILITY
In accordance with your statutory rights we warrant to you that any product purchased from the SKINFLIPS shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
The product specifications and requirements required to use our products correctly, are described in more detail in the product specs which can be found at the SKINFLIPS shop or directly in the FAQ. We cannot ascertain whether your device fulfils the requirements and we therefore assume no responsibility or liability for the functionality of your device after a Product has been applied/installed.
We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the SKINFLIPS shop.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under Section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Nothing in these terms of sale shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website ( http://www.oft.gov.uk)
12. INTELLECTUAL PROPERTY
All marks and brand names on this site are the trademarks or registered trademarks of DeinDesign. Certain artwork is being used under license. Trademarks of other parties are identified wherever possible and DeinDesign acknowledges their rights.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the SKINFLIPS shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be given to DeinDesign GmbH at Grünberger Str. 54, 10245 Berlin, Germany or by email to info@skinflips.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
18. SEVERABILITY
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
20. OUR RIGHT TO VARY THESE TERMS OF SALE
We have the right to revise and amend these terms of sale from time to time.
will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the SKINFLIPS shop http://www.skinflips.co.uk will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. LANGUAGE
The language of the Contract shall be English
Last Updated: 04 Jan 2012
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.skinflips.co.uk ("SKINFLIPS shop") and our product ordering service ("Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the SKINFLIPS shop and/or the Service. By using the SKINFLIPS shop and/or our Service, you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the SKINFLIPS shop and/or the Service.
1. INFORMATION ABOUT US
http://www.skinflips.co.uk is a Site operated by DeinDesign GmbH ("we", "us", "our"). We are registered in Germany and our principle place of business is Planigerstraße 34 | Geb. 53A Gewerbezentrum Dr. Jacob, 55543 Bad Kreuznach, Germany.
2. ACCESSING THE SKINFLIPS SHOP
Access to the SKINFLIPS shop is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the SKINFLIPS shop or the Site itself without notice (see below). We will not be liable to you if for any reason the SKINFLIPS shop or the Service is temporarily unavailable at any time or for any period.
From time to time, we may restrict access to some or all parts of the SKINFLIPS shop and/or the Service.
You are responsible for making all arrangements necessary for you to have access to the SKINFLIPS shop and/or our Service. You are also responsible for ensuring that all persons who access the SKINFLIPS shop through your internet connection are aware of these terms, and that they comply with them.
3. USE OF THE SKINFLIPS SHOP
To order our products from the SKINFLIPS shop please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here: http://www.skinflips.co.uk.
You may not use the SKINFLIPS shop or its contents:
- for commercial purposes,
- for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the SKINFLIPS shop (e.g. item listings, descriptions, prices);
- to download (other than page caching) or modify the SKINFLIPS shop, or any portion of it; or
- for any purpose which is unlawful.
4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the SKINFLIPS shop including the Service and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the SKINFLIPS shop in breach of these terms of use, your right to use the SKINFLIPS shop will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Using the SKINFLIPS shop does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
SKINFLIPS shop and all all marks and brand names on this site are the trademarks or registered trademarks of DeinDesign. Certain artwork is being used under license. Trademarks of other parties are identified wherever possible and DeinDesign acknowledges their rights.
5. THE SKINFLIPS SHOP CHANGES REGULARLY
We aim to update the SKINFLIPS shop and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the SKINFLIPS shop or the Services, or close it indefinitely. Any of the material on the SKINFLIPS shop may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
The SKINFLIPS shop is provided "as is". Whilst we have taken every care in the preparation of the content of the SKINFLIPS shop we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the SKINFLIPS shop. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the SKINFLIPS shop or any of the materials on the SKINFLIPS shop (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these terms of use shall operate to exclude or restrict our liability for:
- death or personal injury resulting from negligence;
- fraud or deceit; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. YOUR OBLIGATIONS
SKINFLIPS processes the data and image products supplied by You using an automated technical procedure that does not involve manual checks and corrections. By uploading files, You confirm that you have the right to distribute and reproduce the content and materials contained in these files.
You guarantee that the content and materials contained in the transmitted files does not infringe applicable laws. You guarantee in particular that:
- no illegal documents, materials or content, or anything constituting incitement to commit crimes, will be transmitted to SKINFLIPS,
- no youth protection laws or provisions of the criminal code are infringed upon,
- the documents (particularly image and text files), materials and content transmitted to SKINFLIPS do not infringe any copyrights, trademarks or other property rights of third parties, or general personal rights or other rights of third parties.
Furthermore, you grant to SKINFLIPS a right to use the submitted data and image products for the purposes of creating the printed products.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SKINFLIPS SHOP
We process information about you in accordance with our Privacy Policy. By using the SKINFLIPS shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.
9. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the SKINFLIPS shop or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the SKINFLIPS shop or the Service, the server on which the SKINFLIPS shop or the Service is stored or any server, computer or database connected to the SKINFLIPS shop. You must not attack the SKINFLIPS shop or the Service via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the SKINFLIPS shop and our Service will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the SKINFLIPS shop and our Service or to your downloading of any material posted on it, or on any website linked to it.
10. LINKS FROM THE SKINFLIPS SHOP
Where the SKINFLIPS shop contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. WAIVER
If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
12. ALTERATIONS TO THESE TERMS OF USE
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the SKINFLIPS shop.
13. JURISDICTION AND APPLICABLE LAW
These terms of use are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
Last Updated: 25 May 2011
B. TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS!
http://www.skinflips.co.uk is a website operated by DeinDesign GmbH, a company incorporated under the laws of Germany whose principal place of business is at Grünberger Str. 54, 10245 Berlin, Germany, whose registered office is Planigerstraße 34 | Geb. 53A, Gewerbezentrum Dr. Jacob, 55543 Bad Kreuznach, Germany, Commercial Register: Amtsgericht Bad Kreuznach HRB 20178. Our VAT number is DE249384507. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the SKINFLIPS Products listed on our website http://www.skinflips.co.uk to you. Please read these terms of sale carefully before ordering any Products from the SKINFLIPS shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the SKINFLIPS shop, or if you are under 18, that you are accessing and using the SKINFLIPS shop with the consent of your parent or guardian.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the SKINFLIPS shop.
If you have any questions regarding these terms of sale (including any technical questions) please click here.
1 .TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- "DeinDesign", "we" or "us" means DeinDesign GmbH, its employees, subcontractors and/or other companies which are appointed by DeinDesign to provide services in relation to the SKINFLIPS shop operated by DeinDesign;
- "Goods" means physical products such as (but not limited to) , skins (self-adhesive vinyl foils), screen protection foils, sold in the SKINFLIPS shop.
2. AVAILABILITY
By ordering Products from the SKINFLIPS shop, you warrant that:
- You are legally capable of entering into binding contracts and
- You are at least 18 years old, or if you are under 18, that you are accessing and using the SKINFLIPS shop with the consent of your parent or guardian.
3. USING THE SKINFLIPS SHOP
To order any item, simply select your device and the desired design (this includes designs created by yourself throughout our skin configurator “CREATE YOUR OWN”), click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Enter your full name, company, billing and/or shipping address as well as your email address. These information need to be real and true. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
The contract between us (the "Contract") will be concluded with DeinDesign GmbH (Grünberger Str. 54, 10245 Berlin, Germany).
After placing an order, you will receive an order confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending the physical product/products to you.
The Contract will relate only to those Products which are listed in the Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
Although we endeavor to ensure the availability of the Products shown in the SKINFLIPS shop, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
- to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
- to notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
Your order will be fulfilled within seven business days after the receipt of your payment, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
Products sold in the SKINFLIPS shop are delivered to you by courier.
6. CONSUMER RIGHTS
The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") allow consumers the right to cancel orders for goods or services during the period of seven working days after the day on which delivery of goods takes place (the "Cooling Off Period"). If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
The seven day Cooling Off Period will start on the day that the Product is delivered to the address specified in your order.
To cancel a Contract within the Cooling Off period, you must inform us in writing by giving notice to info@skinflips.co.uk.
You have not the right to cancel the Contract in respect of Products made to Your specifications or Products which are clearly personalised. This applies to (but is not limited to) Products which have been created using the skin configurator (“CREATE YOUR OWN”). These Products must not be returned and will not be refunded.
If you have given us notice to cancel the Contract within the Cooling Off Period, you must return the Goods, together with any dockets or receipts, to us immediately at your own cost and risk. Goods must be returned to us at the returns address (which we will notify to you after you have provided us with notice of cancellation in accordance with clause 6.3 above), unopened and in their original packaging and in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We recommend that you retain copies of any dockets, receipts and proof of postage for your records.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
8. PRICE AND PAYMENT
The price of any Products will be as quoted in the SKINFLIPS shop from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on our shipping information page (http://www.skinflips.co.uk/shipping.html).
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The SKINFLIPS shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the SKINFLIPS shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the SKINFLIPS shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.
9. OUR REFUNDS POLICY
When you return a Product to us because you have cancelled the Contract between us within the seven-day Cooling-off Period (see clause 6 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice info@skinflips.co.uk. You are required to return any Goods to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Remember that Products which have been created using the skin configurator (“CREATE YOUR OWN”) must not be returned and will not be refunded (see clause 6 (Consumer Rights) above).
10. PERSONAL DATA
Personal details provided to DeinDesign through this website will only be used in accordance with our Privacy Policy. By using the SKINFLIPS shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.
11. OUR LIABILITY
In accordance with your statutory rights we warrant to you that any product purchased from the SKINFLIPS shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
The product specifications and requirements required to use our products correctly, are described in more detail in the product specs which can be found at the SKINFLIPS shop or directly in the FAQ. We cannot ascertain whether your device fulfils the requirements and we therefore assume no responsibility or liability for the functionality of your device after a Product has been applied/installed.
We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the SKINFLIPS shop.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under Section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Nothing in these terms of sale shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website ( http://www.oft.gov.uk)
12. INTELLECTUAL PROPERTY
All marks and brand names on this site are the trademarks or registered trademarks of DeinDesign. Certain artwork is being used under license. Trademarks of other parties are identified wherever possible and DeinDesign acknowledges their rights.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the SKINFLIPS shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be given to DeinDesign GmbH at Grünberger Str. 54, 10245 Berlin, Germany or by email to info@skinflips.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
18. SEVERABILITY
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
20. OUR RIGHT TO VARY THESE TERMS OF SALE
We have the right to revise and amend these terms of sale from time to time.
will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the SKINFLIPS shop http://www.skinflips.co.uk will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. LANGUAGE
The language of the Contract shall be English
Last Updated: 04 Jan 2012