Date of last update: 16 November 2021
Welcome to the SKIND website (the "Site").
By placing an order for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms & Conditions ("T&Cs") entered into by you with SKIND AG, the operator of the Site and with whom all sales on the Site are made, as further described below at clause 1 ("SKIND", "we", "our" or "us"). Please read these T&Cs carefully and, if you are unhappy with any aspect, you should contact one of our customer service advisors before placing an order with us.
We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us, we recommend that you save a copy of the T&Cs at the time of your order for your future reference. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
1. About SKIND
This Site is operated in Switzerland and all sales on the Site are made by SKIND AG, a company incorporated in Switzerland with company registration number xxx, VAT number xxx and whose registered office is located at Rüdigerstrasse 4, 8045 Zürich, Switzerland ("SKIND").
You have chosen to visit the Site in Switzerland in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in Switzerland and will be governed by these T&Cs and the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods ("CISG") and rules on conflict of law as specified in clause 19.
2. Other policies
The following additional policies (which can be accessed by clicking on the links below) also form part of these T&Cs and should be read carefully before placing an order:
In order to make a purchase through the Site you can check out as a guest or register a personal online account. When you make a purchase and/or register a personal online account, you will be required to provide information about yourself including, but not limited to, your name, address, telephone number and e-mail address, which is true, accurate, current and complete in all respects. When you register a personal online account you will also be required to create a password. Should any of your registration information change in the future you are required to amend your personal online account immediately. In case you do not amend your personal online account immediately, any notice sent to your last address will be deemed as received. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with Swiss law.
Purchase is restricted to end consumers and only in quantities customary for households which must always be reasonable (in general no more than 5 of each specific item).
4. Pricing policy
We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site.
All prices shown include VAT (where applicable). The total for your order is confirmed at checkout, before you proceed to pay and complete your order. Delivery charges (as applicable) shall be added during the checkout process.
Please be aware that deliveries may be subject to customs, regulatory or legal restrictions, contact us at firstname.lastname@example.org for further details. To comply with local legislation you or the shipping recipient may be required to pay additional taxes, fees or levies, import duty or formal customs entry may apply. We are unable to accept any responsibility for any charges incurred and are unable to offer any assistance or advice. We advise that you check with your local customs agent before placing an order.
Items in your online Shopping Cart will reflect the most recent price displayed on the Product's detail page.
All sales made via Paypal are billed in Euro. Payments by credit card, debit card or Klarna are charged in your account currency. Fees and conversion rates may be subject to the terms of your bank.
All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.
6. Online ordering process
The ordering process consists of following steps:
- you add the Products which you wish to purchase to your shopping cart;
- you provide an address for delivery;
- you select your preferred delivery method (fees subject to our Shipping Policy);
- you select your payment method and provide any requested payment information including a billing address;
- you will be asked to read carefully the T&Cs;
- before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and
- you will click 'Pay Now' to finalise your order and in doing so accept the T&Cs. By clicking 'Pay Now' you submit a legally binding offer.
7. Ordering errors
You are able to correct errors on your order up to the point at which you click on 'Pay now' on the final page of our ordering process.
Where an item is offered for pre-order, no payment is taken for pre-ordered items until they have been dispatched from our warehouse. We aim to dispatch all pre-ordered items as soon as they become available for shipping. Dispatch dates can be subject to change. You will be informed via e-mail once your order has been dispatched. Delivery dates will depend on the destination for delivery see SHIPPING PAGE.
9. Back orders
Some items may be available for back order when they are out of stock and we are expecting new stock to arrive very soon to our warehouse. No payment is taken for back-ordered items until they have been dispatched from our warehouse. We aim to dispatch all back-ordered items as soon as they become available for shipping. Dispatch dates are subject to change. You will be informed via e-mail once your order has been dispatched. Delivery dates will depend on the shipping method chosen at the time of purchase.
10. Acknowledgement and acceptance of your order
We will notify you by e-mail as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please e-mail us at email@example.com or call us on +43 664 4673638 during business hours, quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
As all our parcels require a recipient to be present on delivery, we are unable to deliver to PO Box addresses. If you have a question about delivery we will advise you if you call our Customer Services team on +43 664 4673638 during business hours.
We will deliver the merchandise in accordance with the delivery option selected by you. See SHIPPING PAGE for details of our shipping times and costs. Whenever referred to, business days exclude Saturday, Sunday and bank holidays. Orders to one address may be delivered in one or more deliveries; however, you will incur only one delivery charge. Any delivery timescales are indicative only.
We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation rights sections within these T&Cs.
Subject to security checks, your order maybe delayed. We apologise in advance for any inconvenience this may cause.
To find out more about deliveries please contact our customer services team at firstname.lastname@example.org or call us on +41 43 541 22 33.
You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).
Payment can be made through any of the following methods: Visa, Mastercard, Maestro, Paypal, American Express and Klarna. Payment will be debited and cleared from your account at the point at which your order is placed. You confirm that the credit or debit card being used is yours. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to SKIND, we will not be liable for any delay or non-delivery of Products. We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.
You accept to receive your Order Confirmation (which includes your receipt of payment) electronically to the e-mail address specified by you during the ordering process or in your personal online account.
14. Your cancellation rights
14.1 As you are a consumer, you have a legal right to cancel a Contract under the Austrian Act on Off-Premises and Distance Contracts without giving reason from the date of the Dispatch Confirmation until the date which is 14 days after you receive the last Product of your order. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund, subject to the limitations set out in this clause.
14.2 Your right to return goods does not apply to goods (i) made to your specification; or (ii) which have been clearly personalised; or (iii) which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; or (iv) where sealed goods have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or (v) which have been irreversibly mixed with other goods after their delivery.
14.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or call us on +41 43 541 22 33 during business hours. In any such e-mail or written communication, you must include details of your order, including your order number, to enable us to identify it. Alternatively, you may complete this form. Your cancellation is effective from the date you send us the e-mail or post the letter to us.
14.4 If you cancel your Contract we will:
- Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.
- Refund any delivery costs you have paid, although the maximum refund will be the cost of delivery by the least expensive delivery method we offer (as permitted by law).
- Direct cost of returning the goods must be paid by you. You must return the Products in suitable packaging.
- Make any refund due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
- Refund you via the method of payment used by you to pay or otherwise expressively agreed upon with you. We will not charge any additional fees for such refunds. If you used gift cards to pay for the Products we may refund you in gift card.
- Exchanges. If you indicate on your cancellation form that you would rather receive an exchange than a refund then this will be processed within 7 working days of receiving your returned goods and will be delivered via standard delivery. In these circumstances, a new Contract will be deemed to have been formed between us in relation to the new Product you have selected (and your various rights of cancellation and return as set out herein will apply to that Product). In the event that we are not able to satisfy your request for an exchange then we will refund you the cost of the Products and the original Contract between us will be cancelled.
- If a Product has been dispatched to you or you have received it before you decide to cancel your Contract you must return it to us in accordance with the terms of our Returns Policy which can be accessed here: RETURNS PAGE
In case a product you receive is deficient, statutory warranty provisions will apply. Within the statutory limitation period (2 years for moveable objects) you may therefore ask for:
- a repair or a replacement, or, in case repair or replacement is not possible or does not take place within a reasonable period:
- a price reduction or a refund (unless the defect is a minor one).
To exercise your rights and in order to review your claim please contact us at firstname.lastname@example.org.
16. Our liability for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs we will be responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for any damages caused by our intent or gross negligence; for breach of your legal rights in relation to the Products as summarised at clause 15; and for defective Products under the Austrian Product Liability Act.
We only supply Products for domestic and private use in reasonable quantities expected of a consumer and we do not make bulk sales. We do not sell more than 5 of the same item to any consumer and if you order more than this quantity in one order or in a series of orders we may request confirmation from you that you are a consumer rather than an un-authorised re-seller and we may refuse to accept your offer to purchase the Products ordered. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Questions and complaints
If you have any questions about these T&Cs or if you wish to contact us to complain about any matter in regard to the Products, please e-mail us at email@example.com or call us on +41 43 541 22 33.
If after contacting us and following our complaints procedure you still feel that your complaint has not been resolved satisfactorily, you may access the Online Dispute Resolution platform.
18. Transfer of rights
We may transfer our rights and obligations under these T&Cs to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these T&Cs). You may only transfer your rights or your obligations under these T&Cs to another person if we agree in writing.
19. Law, jurisdiction and language
This Site, any content contained herein and any contracts entered into as a result of usage of this Site are governed by Austrian law with exclusion of the CISG and rules on conflict of law (IPRG, EVÜ). The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Austria. All contracts are concluded in English.
20. Digital Gift Cards
- The SKIND Digital Gift Card ("Digital Gift Card") is not a cheque guarantee, credit or charge card. A Digital Gift Card is one purchased online and issued to the recipient via email or other electronic means.
- Digital Gift Cards are available in 25€, 50€, 100€ and 200€.
- Digital Gift cards shall be valid for use in purchasing items from www.skind.earth for a period of 5 years.
- Promotion codes cannot be applied to the purchase of Digital Gift Cards.
- Digital Gift Cards will be emailed to the purchaser once the full order has been processed and payment has been taken. SKIND AG is not liable for delivery of a Digital Gift Card to an incorrect or non-existent email address; this is the sole responsibility of the purchaser.
- SKIND AG will cancel the value of a Digital Gift Card if it fails to receive payment from the purchaser's bank or card company for the initial purchase of the Digital Gift Card. Further action may be taken where the fraudulent use of a credit card is suspected.
- Digital Gift Cards are available to purchase in 25€, 50€, 100€ and 200€ denominations. You may purchase a gift card in your local currency. The amount you are charged for the Digital Gift Card will be converted to Euro using the daily FX rate. Digital Gift Cards can be used to make purchases online at www.skind.earth. You may not use your Digital Gift Card to make purchases from any of SK's concessions or pop-up stores.
- Digital Gift Cards cannot be used to purchase Digital Gift Cards.
- Digital Gift Cards cannot be redeemed or exchanged for cash.
- All remaining balances for purchases exceeding the value of your Digital Gift Card must be paid by credit card, debit card or PayPal.
- If your purchase is less than the value of the Digital Gift Card no change will be given but the balance may be applied to future purchases. You may obtain information about the remaining balance on the card by emailing firstname.lastname@example.org or calling +41 43 541 22 33.
- Digital Gift Cards cannot be returned or refunded, except in accordance with your legal rights.
- Treat your Digital Gift Card like cash. Lost, stolen or damaged Digital Gift Cards will not be replaced.
- All refunds of goods purchased with your Digital Gift Card will be made in accordance with SK's relevant refund policy available on SK's website. The amount paid by Digital Gift Card will be added to the balance on your Digital Gift Card and you will be sent email confirmation of your revised balance within 5 days of your refund. Any amounts not paid by Digital Gift Card will be refunded via the relevant method of purchase (e.g. cash, debit card, credit card or PayPal).
- SKIND AG reserves the right to refuse to accept a Digital Gift Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.
- SKIND AG reserves the right to amend these terms and conditions from time to time, where it considers it reasonable and necessary to do so. These terms and conditions do not affect your statutory rights.
- Use of your Digital Gift Card evidences acceptance of these terms and conditions.
- Digital Gift Cards are issued by SKIND AG of Rüdigerstrasse 4, 8045 Zürich, Switzerland.
- Digital Gift Cards are paperless and will be delivered via email to the email address provided at checkout. If the customer selects complimentary sachets to add to their order, a delivery charge will apply.