Terms and Conditions

 

TERMS AND CONDITIONS
Indy Lashes

Below you will find our General Terms and Conditions.
These always apply if you use
or place an order through our website. The
Terms and Conditions contains important information
for you as a buyer. Therefore, read it carefully. We
further recommend that you save or
print them out so that you can use them later
can read again.

Article 1. Definitions
capitalized concepts,
both singular and plural, the meaning like
mentioned in this article:
a. Indy Lashes: the Make – Up By Indy company, also
trading under the trade name Indy Lashes,
located in (3651LV) Woerdense Verlaat at the address
Bosweg 4, registered with the Chamber
of Commerce under number: 86474839.
b. Customer: the customer who may or may not be trading in
exercising a profession or business a
enters into an agreement with Indy Lashes and/or itself
registered on the Website.
c. Consumer: the Customer who is a natural person
and is not acting in the exercise of a profession or
company.
d. Parties: Indy Lashes and the Client jointly.
e. Agreement: any arrangement or agreement
between Indy Lashes and the Customer who accesses through the Website
is established, of which the General Terms and Conditions
be an integral part.
f. Products: all under the Agreement
by delivering Indy Lashes to the Customer or
delivered goods, such as but not exclusively DIY
Eyelash extensions.
g. Website: Indy Lashes website, available for consultation
via https://indylashes.nl/ and all associated
subdomains.
h. General Terms and Conditions: these general terms and conditions
terms and conditions of Indy Lashes that have been published
on the Website and filed with the Chamber of Commerce
Commerce under number: 86474839.

Article 2. Applicability and Interpretation
1. All offers, deliveries and
Agreements of or with Indy Lashes are the
Terms and Conditions apply, unless
expressly stated otherwise in writing
agreed.
2. The General Terms and Conditions apply to
the work or deliveries carried out by third parties
perform within the framework of the Agreement.
3. The applicability of any purchasing or
other terms and conditions of the Customer
expressly rejected.
4. If the Customer in his order, confirmation or
acceptance notice contains terms or conditions that differ from or are not
occur in the General Terms and Conditions, then are
these are only binding on Indy Lashes, if and
insofar as expressly stated by Indy Lashes
accepted in writing.
5. Just in case in addition to this Terms
Conditions also specific product or
promotional terms and conditions apply
conditions also apply.
6. Indy Lashes may not always be strict
requires compliance with the General Terms and Conditions.
This does not mean that the provisions do not apply
apply or that Indy Lashes loses the right
in other cases to ensure strict compliance with the
require General Terms and Conditions.
7. If a provision in the Agreement or General
Conditions are found to be null and void, this does not affect the
validity of the entire Agreement or
General Terms and Conditions. Parties will agree
case in lieu of a new provision
determined, as far as legally possible
is to the intent of the original
provision is formed.

Article 3. Provision of information
1. The content of the Website is with the greatest
compiled with care. Indy Lashes can
however, does not guarantee all information
on the Website is accurate and complete at all times. All
prices and other information on the Website and in
other materials sourced from Indy Lashes
therefore subject to apparent
programming and typing errors.
2. Indy Lashes cannot be held responsible
held for (color) deviations as a result of
display quality.
3. Indy Lashes informs the Customer through the Website as well
possible for about Products. Providing
of notices about properties of the
However, product or technical data brings
does not imply that Indy Lashes makes any warranty as to
issues the Product.
4. The Website may contain links to websites of
other companies. Indy Lashes has no control
about (the content of) these websites, through which
Indy Lashes is not responsible for this.
5. Indy Lashes is only obliged to provide information
information about allergens insofar as this is legal
seen as mandatory. Since Indy Lashes can't
predict whether at the Customer when using
Products an allergic reaction occurs, Indy Lashes is not responsible for this.

Article 4. Offer and Agreement
1. An offer on the Website expires as a Product
to which the offer relates, in the
meanwhile is no longer available.
2. Indy Lashes can't accept an offer
held as the Customer can reasonably understand
that the offer is an obvious mistake or
contains description.
3. The Agreement is concluded at the time
of acceptance by Indy Lashes of the order
from the customer. Indy Lashes has the right to one
to refuse an order without giving any reason or
to the implementation of special conditions
set like advance payment.
4. If Indy Lashes accepts the order, sends
Indy Lashes an electronic confirmation
of the conclusion of the Agreement.
5. If it appears that the Customer has provided incorrect information
provided, Indy Lashes has the right to adjust
to fulfill its obligation after the correct
data has been received. In that case Indy is Lashes
also authorized to terminate the Agreement
Cancel.
6. If it appears that the Customer has provided incorrect information
provided, Indy Lashes has the right to adjust
to fulfill its obligation after the correct
data has been received. In that case Indy is Lashes
also authorized to cancel the Agreement.

Article 5. Account
1. To make optimal use of the Website,
the Customer can create an account on the
Website.
2. When creating the account, the Customer must
choose a password with which the Customer
together with his e-mail address can log in to the
website. The Customer is responsible for it
choose a sufficiently reliable
password.
3. The Customer must provide his login details
username and password, strictly confidential
to hold. Indy Lashes is not liable for
misuse of the login details and is always allowed
assume that a Customer who registers on the
Website is actually that Customer. All that
is done through the account of the Customer, falls under
the responsibility and risk of the Customer.
4. If the Customer knows or suspects that his
login details are in the hands of unauthorized persons
arrived, he should be as soon as possible
change password and/or Indy Lashes thereof
so that Indy Lashes appropriate
can take measures.

Article 6. Delivery
1. Once the order has been received by Indy Lashes from the Customer
confirmed, Indy Lashes will send the Products as is
as soon as possible, unless otherwise specified; For example with a Pre Order product.
2. Indy Lashes is entitled to place an order with
to deliver several Products in parts and the
delivered parts to be invoiced separately.
3. Is there a term for the delivery of the Products
agreed or specified, then this is none
fatal term. When a term is exceeded
the Customer must first inform Indy Lashes in writing
default before Indy Lashes is in default.
In case the Customer is a Consumer, the
maximum delivery time of 30 days.
4. Delivery is made to the home address specified by the Consumer in accordance with the information he has given to Indy Lashes via the Website.
5. The Customer is obliged to purchase Products on
the moment they become available to him
posed. If the Client fails to do so, Indy Lashes
entitled to store the Products at risk
from the customer. The associated costs
– such as transport and storage costs – occur
account of the Customer.
6. Indy Lashes is entitled to a similar Product
of similar quality as it
ordered Product, if the ordered Product is not
is more available. The Customer is then entitled to the
to terminate the agreement free of charge and
Product can be returned free of charge.

Article 7. Investigation and Complaints
1. As soon as Indy Lashes has Products to the Customer
delivered, the Customer is obliged to check thoroughly
whether the Products are sound and in accordance with the
be agreement.
2. Any defects, defects, damage
and/or deviations in numbers must be paid by the Customer
in writing within 48 hours, after delivery or after the
Customer could reasonably have been familiar with
report the complaint to Indy Lashes. Any complaint
must be described in as much detail as possible
of the complaint so that Indy Lashes can
is to respond appropriately.
3. The Customer must enable Indy Lashes to file a complaint
to investigate. If for the investigation of
the complaint return shipment is necessary, are the
costs for the return or the
research costs for the account of the Customer,
unless the complaint subsequently proves to be well-founded. It
transport risk is always for the Customer.

Indy Lashes will give the Customer as soon as possible,
but in any case within 30 days of receipt
of the complaint, a response to the complaint. If it
it is not yet possible to make a substantive or definitive one
comment, Indy Lashes will respond within 30
days after receipt of the complaint, the complaint
confirm and give an indication of the term
within which it expects a substantive or
to provide a final response to the complaint of the
Customer.
5. The Client must give Indy Lashes the opportunity
to investigate a complaint. The Customer has to
relevant Product for its own account and
return risk to Indy Lashes.
6. If the Customer submits a complaint in time, this will be suspended
payment obligation.
7. If Indy Lashes judges that the Customer has a complaint
timely and correctly filed, Indy Lashes
– all this at the discretion of Indy Lashes – worries
for a suitable solution in the form of
repair, replacement or reimbursement of maximum
the amount paid by the Customer for the
relevant part of the Agreement. In
in case of replacement of a Product is the Customer
obliged to replace the Product
return Indy Lashes and ownership thereof
to Indy Lashes unless Indy Lashes
indicates otherwise.
8. If Indy Lashes judges that the Customer does not have a complaint
timely or incorrectly submitted, then you do not have to
Indy Lashes not to process the complaint
and the Customer is no longer entitled to repair,
replacement or compensation as referred to in paragraph 7
of this article. In addition, in that case the
costs – including the
research costs – on the side of Indy Lashes
at the expense of the Customer.
9. If the Customer is a Consumer, the Consumer
also file a complaint through the European
dispute resolution platform, which can be reached at
http://ec.europa.eu/odr/.

Article 8. Retention of title
1. All delivered Products remain the property of
Indy Lashes until all claims Indy Lashes on
the Customer has (including any therewith
related (collection) costs and interest),
have been paid in full.
2. The Customer is not before the said transfer of ownership
authorized to sell, deliver,
pledge or any other right thereto
grant to third parties.
3. If third parties seize the sub
retention of title delivered Products
wish to establish or enforce other rights thereon, then the Customer is obliged to inform Indy Lashes
to be notified immediately.
4. Indy Lashes is entitled to the Products under
retention of title have been delivered and still with
the Customer are present, to take back if the
Customer not for timely or incomplete payment of
takes care of the invoices
payment difficulties or threaten to have them
be.
5. The Customer will grant Indy Lashes free access at all times
to its Products for inspection
and/or to exercise the rights of
Indy Lashes.

Article 9. Prices and payment
1. All on the Website and in others of Indy Lashes
sourced materials are listed prices
including VAT and other levies which of
imposed by the government, unless on the
Website otherwise stated.
2. In case of cross-border
delivery of Products, Indy Lashes will comply with the
applicable (international) laws and regulations
regulations whether or not VAT and other levies
charged by the government. Also
In that case, Indy Lashes will accept any import or
charge customs duties to the Customer.
3. The shipping costs are for the account of the
Customer, unless stated otherwise on the Website
indicated. The amount of the costs will be in
the ordering process are displayed.
4. Customer shall make payments to Indy Lashes in accordance with
the in the ordering procedure and possibly on the
Website indicated payment methods to comply.
Indy Lashes is free in the choice of offering
payment methods and these may also change from time to
change time.
5. In case of payment after delivery, the Customer knows a
payment term of 14 days starting on the day
after delivery.
6. If the Customer does not arrive on time and/or in full
payment obligation(s), then the Customer
in default. In such case, all claims
who has Indy Lashes on the Customer immediately
due and payable without further summons or
notice of default in this regard. All
extrajudicial and judicial costs
Indy Lashes in that case make occur
account of the Customer. This is about minimal
15% of the principal sum, with a minimum of
€250. In addition, the Customer is in case of
pay interest at 1% per month
Indy Lashes due, taking part of
the month counts as a full month.
7. If the Customer is a Consumer and the Consumer
does not meet its payment obligation(s) on time and/or in full, then, contrary to paragraph 6 of this article, Indy Lashes will
Consumer once again the opportunity to
within a period of 14 days
payment obligation(s).
(notice of default). Does the consumer comply
amount due again, then the
Consumer in default. The Consumer is in that
case the legal interest and the legal
collection costs owed to Indy Lashes.
8. Indy Lashes has the right to charge the payments made by the
Customer to Indy Lashes meets first to deduct
to the costs, then deduct it
on the accrued interest and finally on
to be deducted from the principal sum and the
current interest.
9. Indy Lashes is entitled to the delivery of
To suspend products if the Customer are
fails to meet payment obligations.
10. The Customer is obliged to file objections against (the
amount of) an invoice within 14 days after
invoice date in writing and as detailed
possibly described to report to Indy Lashes. If
the Customer within 14 days of the invoice date
has made objections, then the
invoice deemed to be accepted. Objections against
an invoice suspend the payment obligation of
not the Customer.

Article 10. Right of withdrawal
1. Only the Consumer can enter into an Agreement
which has been entered into remotely (therefore via the
Website) in relation to the purchase of a
Product during a reflection period of 14
days without giving reasons,
under the conditions as described herein
article.
2. The reflection period of 14 days as referred to in
paragraph 1 of this article takes effect on the day after the
Consumer or a person designated by him in advance
third party has received the Products. The Customer can
the Agreement within the aforementioned
dissolution period of 14 days by dissolving it
model withdrawal form (digital) te
send to Indy Lashes or to others
unambiguous written form to Indy Lashes
indicate that he is renouncing the purchase,
where the Customer in any case his name and the
order number must be stated. After dissolution
the Consumer still has 14 days – after the
notification referred to above – about the Product
including all accessories to Indy Lashes
send.
3. Within the terms referred to in paragraph 2 of this article
The cooling-off period must be carefully considered by the Consumer
handle the Products and the packaging. The

Consumer will only open the packaging and
use the Product only to the extent necessary
is to determine the nature, characteristics and operation of
check the Product. That is the starting point here
this inspection may not go beyond the
Consumer in a physical store could
doing.
4. If the Consumer contravenes paragraph 3 of this article
handles the Product or the Product on others
manner, then the Consumer
liable for the decrease in value
resulting therefrom.
5. The risk and the burden of proof for a correct and
timely exercise of the right of withdrawal lies with
the consumer.
6. The shipping costs for returning
Products are at the expense of the Consumer.
7. Products can be returned to:
Indy Lashes
Forest road 4
3651LV Woerdense Verlaat
8. Already paid (in advance) by the Consumer
amounts will be paid as soon as possible, at the latest
within 14 days after dissolution of the
Agreement, will be refunded to the
consumer in the same way as the
Consumer has paid for the order. If there
there is a reduction in value as intended
in paragraph 4 of this article, Indy Lashes is entitled to
the reduction in value with the already paid by the
Customer to settle amounts paid, thereby
the Customer is refunded a lower amount.
9. Our Products may for reasons of
health protection and/or hygiene
be returned if the seal after
delivery is broken, such as with lashes, remover,
glue, sealer, tools & lip makeup. In case the
seal has been broken, the Consumer can therefore
not invoke the provisions referred to in this article
right of withdrawal.

Article 11. Conformity
1. Indy Lashes only guarantees that Products
comply with the Agreement and on the date
of the conclusion of the Agreement
existing Dutch legal provisions
and/or government regulations.
2. For suitability for the Customer
predetermined purposes provides Indy Lashes
no guarantee and Indy Lashes is not liable,
unless Indy Lashes has the aptitude for a particular one
purpose expressly confirmed in writing.
The Customer is obliged to verify the suitability of it
product for its specific purposes
to research. Any liability for
any damage that may occur during or as a result of the use of the Product –
including as a result of an allergic reaction
- is excluded.

Article 12. Suspension and dissolution
1. Indy Lashes has – in addition to her legal ones
powers of dissolution and suspension – the
right with immediate effect
to dissolve the agreement and/or the execution
of the Agreement, if any of
the following events occur:
a. the Customer fulfills the obligations under the
Agreement and/or General Terms and Conditions
does not, not fully or not timely comply;
b. Indy Lashes after closing the
Agreement information is known
have come up with good reasons to
fear that the Customer will not fulfill its obligations
fulfill;
c. the Customer dies;
d. a request for granting (provisional)
suspension of payments has been submitted by the Customer;
e. the Customer has been declared bankrupt
or a petition for bankruptcy
submitted;
f. an attachment has been levied against the Customer;
g. one to dissolution and/or liquidation of the
Customer's decision has been reached;
h. the Customer is under guardianship or administration
posed;
i. the Customer otherwise
power of decision or
legal capacity in relation to
loses his assets or parts thereof.
The Customer is obliged to immediately apply Indy Lashes
to notify the entry of a sub
event referred to d to i.

2. If Indy Lashes uses her cancellation policy
or power of suspension, then all are therefrom
resulting costs and damages
account of the Customer and all claims of
Indy Lashes due immediately.
3. The Customer waives all rights to entire
or partial dissolution of the Agreement
or full or partial suspension of his
(payment) obligations, unless the Customer is a Consumer.

Article 13. Intellectual property rights
1. The Agreement is not intended to provide any
intellectual property rights of Indy Lashes
and/or third parties engaged by it to the
transfer customer.
2. The Customer is expressly prohibited from infringement
to do with the intellectual property rights –
such as the copyright – of Indy Lashes and/or third parties engaged by it, as well as on the good
name of Indy Lashes.
3. The Customer shall – both during and after termination of
the Agreement – ​​do not perform any acts
which may infringe the provisions of the previous paragraph
referred to intellectual property rights of
Indy Lashes and/or third parties engaged by it.

Article 14. Website
Indy Lashes makes every effort to maintain the Website properly
functioning and accessible at all times
to hold. Indy Lashes cannot guarantee this.
Indy Lashes counts on the understanding of the Customer during
possible malfunctions on or maintenance of the Website.
In any case, the Customer cannot be held liable by Indy Lashes
for the damage suffered by the Customer as a result of the fact
that the Indy Lashes Website is not accessible.

Article 15. Personal data
Indy Lashes processes the personal data of the Customer
in accordance with its privacy statement. This can be found here:
https://indylashes.nl/pages/privacy-statement.

Article 16. Force majeure
1. Indy Lashes is not obliged to comply
an obligation to the Customer if it
is prevented from doing so as a result of
force majeur.
2. Force majeure is defined in these terms and conditions
understand - in addition to what is in the law and
jurisprudence is understood – all of
external causes, foreseen or unforeseen
provided, which Indy Lashes cannot influence and which makes Indy Lashes unable
to fulfill its obligations, such as
pandemics, epidemics, malpractice
(sub)suppliers, electricity failure, malfunction of
internet data network or
telecommunications facilities, danger to the
public health, government measures affecting the
impede compliance, disturbances of public
infrastructure, general transport problems,
strikes, war, terrorist attacks,
domestic unrest or natural disasters.
3. Indy Lashes can be used during the period that the
force majeure continues its obligations under the
Suspend Agreement. Like this period
lasts longer than 2 months, then the Parties
entitled to dissolve the agreement, without
obligation to pay compensation to the other
side.
4. If Indy Lashes at the time of entering
force majeure its obligations from the
Agreement is now partial
has been fulfilled or will be able to comply
Indy Lashes is entitled to invoice the already fulfilled or to be fulfilled part. The
Customer is obliged to pay this invoice.

Article 17. Liability
1. Indy Lashes is only liable to the extent of this
article appears. The same goes for by Indy Lashes
for the purpose of implementing the
Agreement engaged third party(s), such as
but not exclusively: employees and others
persons who Indy Lashes in the performance of the
Enable Agreement.
2. Delivery of the Products releases Indy Lashes from
all liability for defects incurred by the Customer
had already discovered at the time of delivery or
could reasonably have discovered.
3. Indy Lashes cannot influence it
final use of the delivered Products
by the customer. Any liability for
any damage that may occur at or if
resulting from the use of Products –
including as a result of an allergic reaction
- is excluded.
4. Indy Lashes is not liable for damage that is
created because Indy Lashes assumed by
or provided inaccurate and/or on behalf of the Customer
incomplete data.
5. Indy Lashes is not liable for damage that is
caused by:
a. non-compliance with the instructions for use,
safety regulations with
health risks and/or (other)
manuals of a Product;
b. failure to comply with or follow instructions
and/or warnings from Indy Lashes with
relating to a Product;
c. repair or maintenance of a Product
by someone other than Indy Lashes;
d. improper maintenance of a Product;
e. improper or careless use of a
Product;
f. wear and tear from normal use of a
Product;
g. placement, adjustment and/or processing of
a Product by anyone other than Indy Lashes or
a third party designated by Indy Lashes;
h. use a Product for any other purpose
than for which the Product is intended.
6. Indy Lashes is never liable to the Customer
for indirect damage, in any case
including consequential damage, lost profit, missed
savings, data loss and damage
business stagnation.
7. Indy Lashes can only be held liable for
direct damage caused by a
attributable shortcoming in the fulfillment of the
arising from the Agreement
obligation(s) payable by the Customer within 30 days
after the Customer has become aware thereof or
could have known about it
certified letter to Indy Lashes.
Direct damage is understood to mean:
a. the reasonable costs of determining the
cause and extent of the damage
insofar as the determination relates to the
damage within the meaning of this General
Conditions;
b. any reasonable costs incurred to the
poor performance by Indy Lashes at the
to have the agreement answered;
c. reasonable costs incurred to prevent or
limitation of damage, provided that the Customer demonstrates
that these costs have led to limitation
of direct damage as referred to in this
Terms and Conditions.
8. The (cumulative) liability of Indy Lashes
on any legal basis(s) at any time
limited to the amount payable under the
liability insurance from Indy Lashes
the relevant case is paid. If om
no benefit whatsoever for any reason
the aforementioned insurance is provided
that any (cumulative) liability,
based on any legal basis(s), there
cannot lead to an amount of money being paid to the
Customer should be paid higher than it
amount invoiced under it
portion of the Agreement to which the
liability is concerned.
9. Any liability of Indy Lashes expires
lapse of 6 months from the time when
the Agreement by delivery, then dissolution
ended in a different way.
10. The terms and conditions contained in these General Terms and Conditions
Limitations of Liability of Indy Lashes
do not apply if the damage is due to intent
or willful recklessness on the part of Indy Lashes.

Article 18. Indemnifications
1. The Customer indemnifies Indy Lashes against all claims
from third parties related to or
arise out of between Indy Lashes and the Customer
existing legal relationship.
2. The Client expressly indemnifies Indy Lashes against this
claims of third parties with regard to law
of intellectual property on the Customer
information provided to Indy Lashes and/or
facts.

Article 19. Final provisions
1. Indy Lashes is entitled to engage third parties
in the performance of the obligations
arising from the Agreement.

2. If these Terms and Conditions in another
   language, the Dutch will prevail
   version in case of ambiguity,
   inadequacy or contradiction in/by the
   translation.
   3. The Agreement is governed by Dutch law
   apply, also if to an Agreement in its entirety
   or partially performed abroad
   given whether the Customer resides there.
   4. In case of conflict between any provision
   from these General Terms and Conditions and a provision
   from the Vienna Sales Convention (UN Convention for the
   International Sale of Goods (CISG),
   the provisions of this General shall prevail
   Conditions.
   5. Not insofar as required by mandatory law
   otherwise prescribed, all
   disputes that may arise as a result
   of the Agreement are submitted to the
   competent Dutch court
   district where Indy Lashes is located.
   6. The working language in any legal proceedings
   procedure is the Dutch language.
   7. Parties will first appeal to the court
   do after they have done their utmost
   endeavored to settle a dispute by mutual agreement
   settle.

Contact details
If after reading these Terms and Conditions
have any questions, complaints or comments, please
feel free to contact us using the contact details below
with us.

Indy Lashes
Forest road 4
3651LV Woerdense Verlaat
Email: info@indylashes.nl
Chamber of Commerce number: 86474839
VAT number: NL004255120B78