Terms & conditions

We are SCOON VOF (SCOON). We are located at Rapenburgerstraat 171k, 1011 VM Amsterdam, the Netherlands and registered with the Chamber of Commerce (Kamer van Koophandel) under number 72971339. If you have any questions, do not hesitate to contact us via email address help@scoon.store.

These terms and conditions (Terms and Conditions) set out the legal terms that apply to your use of our website http://www.scoon.store any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (the Website) and the other services that we provide (the Services).

1) General
Please note that by using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions. 

We reserve the right to change the Terms and Conditions from time to time. By using the Website you accept the latest version of the General Terms. Arrangements that deviate from these Terms and Conditions will only be applicable if they have been agreed on by us in writing. In order to use the Services you must be over 16 years of age.

The invalidity or unenforceability of any provision of the Terms and Conditions shall not affect the validity or enforceability of any other provision of the Terms and Conditions. Any such invalid or unenforceable provision shall be replaced by a provision that is considered to be valid and enforceable and which' interpretation shall be as close as possible to the intent of the invalid provision.

2) About us
We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third party retailers (Partner(s)) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

3) Our services
The Services we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as providing you with customer service assistance and payment processing.
For some Partners we arrange the delivery logistics service. Some Partners take care of the delivery themselves. In any case you are welcome to contact our customer service assistance if you have a question about the delivery. We may make a charge for the delivery services. The charge will be shown at checkout and prior to your purchase of the products. 

4) Our liability to you in relation to the Services 
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a direct result of our breach of these Terms and Conditions. We are not liable for 1) any damages that may be caused by the purchased product, 2) direct or indirect damage that is a result of (wrongful) information provided on the Website, regardless of whether that information was provided by us or any other party, active on the Website, 3) damage resulting from mistakes made by third parties or caused by unavailability of the Website as a result of circumstance outside the scope of our influence. In any case, our liability will never exceed the purchase price of the product. 

5) The products 
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflect the true colour of the products.

We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return. The products sold by the Partners are supplied for your domestic and private use only. 

6) SCOON Partners 
As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorised by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

7) Orders, prices and payment
By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. 
Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or SCOON (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 16 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate.

(a) Formation of the contract between you and the Partner(s) 

The identity of the Partner is shown on the order confirmation.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. 

(b) Pricing and availability 

Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
If you are viewing the Website from a country in the EU or the UK, the product prices advertised on the Website from Partners located within the EU are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which may include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. 
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. 
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

(c) Payment 

When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified. 
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 16).

8) Delivery
Delivery times are estimates only and cannot be guaranteed.
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (or the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

9) Returns Policy
Please see our Shipping & Returns section for information on returns. For further information on cancelling your order, please see below.
Please note that in certain cases the Partner may reject your return of a product and SCOON may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to SCOON upon SCOON choosing to purchase such product from you.

Cancelling 
You have the right to cancel your order at any time before your order is delivered and up to 14 days after you have received the products (cooling-off period). This means that, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Partner you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Partner.
Except in relation to certain types of products as set out in the returns policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products ("cooling-off period").

If you cancel a contract within the 14 day cooling-off period by informing us by email (help@scoon.store), we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Partner received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address.

10) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. 

(a) Access to the Website 

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

(b) Your conduct 

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

(c) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the Third Party Products and Services). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. Use of Third Party Products and Services is entirely at your own risk.

(d) Linking 

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(e) Our liability in relation to the Website 

We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. 
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. 

11) Privacy Policy
We only use your personal information in accordance with our privacy policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our privacy policy.

12) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (Content). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

13) Event outside of our control
We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. 
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. 
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

14) Complaints 
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our contact details to get in touch with us.

15) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by Dutch law. The courts of Amsterdam shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.