Terms
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Durable contract: a distance contract relating to a series of products or services, where the obligation to deliver and pay is spread over time;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products or services, where one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
CESOP: the Central Electronic System of Payment Information, implemented by the EU to monitor payment service providers.
Article 2 – Identity of the entrepreneur
Company name: ScoMi
Address: Krijn Breurstraat 23, 1064SX Amsterdam, The Netherlands
Chamber of Commerce number (KvK): 96549319
VAT identification number: NL867656621B01
Customer service email address: support@tryflexibrace.com
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded. Before the contract is concluded, the text of these general terms and conditions is made available to the consumer electronically or otherwise.
Article 4 – The Offer
The prices stated on the website constitute the total amount payable to the seller, including shipping and delivery costs.
Please note: As the goods are shipped directly from a third country (outside the EU), no Value Added Tax (VAT) is applied at checkout. Any tax regulation regarding statutory import duties and customs duties is carried out in accordance with the applicable customs legislation in the destination country and is the responsibility of the importer upon entry of the goods.
Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and fulfills the corresponding conditions. The entrepreneur immediately confirms receipt of the acceptance by email.
Article 6 – Right of Withdrawal
Consumers have the right to withdraw from the contract within 60 days of receiving the product without stating any reason.
The costs of return shipping when exercising the right of withdrawal are borne by the consumer.
Article 8 – Customs, Import Duties, and VAT Responsibility
8.1 All goods offered and sold through this website are shipped under the delivery condition Delivered Duty Unpaid (DDU), as defined by Incoterms 2000. This means that the customer is solely responsible for all costs and obligations arising from the import of the goods into the destination country.
8.2 These obligations include, but are not limited to: (a) payment of import duties, Value Added Tax (VAT) or Goods and Services Tax (GST) and any other taxes or fees applicable at the point of entry; (b) customs charges, including any brokerage, inspection, or handling fees imposed by customs authorities, postal carriers, or courier companies; and (c) compliance with local laws, product regulations, restrictions, and necessary certifications in the country of delivery.
8.3 The seller (hereinafter referred to as the "entrepreneur") does not act as the registered importer for any order. Legal ownership and responsibility for the goods transfer to the customer upon dispatch. The entrepreneur is not responsible for delays, seizures, rejections, or fines arising from the customer's failure to comply with applicable import laws or pay necessary fees.
8.4 The entrepreneur provides the necessary commercial documentation for international shipping (including, if necessary, a proforma invoice or commercial invoice, product description, and declared value). However, the entrepreneur does not guarantee that the documentation or goods comply with specific legal or technical import requirements in the destination country. The customer is solely responsible for verifying whether the ordered goods may be imported, whether they are subject to restrictions, or require special permits or licenses.
8.5 The customer agrees to indemnify the entrepreneur for all financial consequences, claims, fines, or costs imposed by customs authorities or third parties as a result of the customer's failure to comply with applicable import regulations.
8.6 It is strongly recommended that customers contact their local customs authority or consult relevant import guidelines before placing an order to avoid unexpected costs, delays, or rejections at the border.
Article 9 – CESOP Compliance From 2024, payment service providers will record transaction data in the CESOP system (Central Electronic System of Payment Information) in accordance with EU regulations. The entrepreneur complies with these regulations, which may affect the monitoring and reporting of payments.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the contract and statutory requirements.
Complaints about defects must be submitted in writing within 14 days.
Products must be returned in reasonable condition.
Article 11 – Delivery
Orders will be delivered within 30 days, unless otherwise agreed.
In case of delays, the entrepreneur will inform the consumer within 14 days of the order date.
Orders are shipped under conditions where the customer is the recipient and responsible party for all import-related processes.
The entrepreneur ensures that products are shipped in accordance with international shipping regulations, but is not responsible for delays or problems arising during customs clearance.
The customer's failure to fulfill import obligations does not constitute grounds for cancellation or refund of the order.
Article 12 – Complaints Handling
Complaints must be submitted in writing within 60 days of discovering the problem.
The entrepreneur will respond to complaints within 14 days. If a longer time is required to find a solution, the entrepreneur will provide an indication of the expected timeframe.
Article 13 – Disputes
Dutch law applies to these general terms and conditions. Disputes shall primarily be resolved amicably. If necessary, disputes shall be referred to the competent court in the Netherlands.