General Terms and Conditions

Article 1 - Identity of the entrepreneur

Indigo Cosmetics B.V.
Willemsparkweg 95-1
1071 GV Amsterdam

Phone number : 020 - 2610750
E-mail address : [email protected]
Bank account : NL 98 ABNA 0607167386
K.v.K. number : 58763783
V.A.T. number : NL 853171208B01

Article 2 - Definitions

In these terms and conditions the following terms have the following meanings:
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
5. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
6. Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time;
7. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
8. Reflection period: the period within which the consumer can make use of his right of withdrawal;
9. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;

Article 3 - Applicability

3.1 All offers, orders and agreements of Indigo Cosmetics BV are subject to these General Conditions.
3.2 Acceptance of an offer or placing an order implies that you accept the applicability of these Conditions.

3.3 The provisions of these Conditions may only be derogated from in writing, in which case the remaining provisions shall remain in full force.
3.4 All rights and claims stipulated in these Conditions and in any further agreements for the benefit of Indigo Cosmetics BV, are likewise stipulated for the benefit of intermediaries and other third parties engaged by Indigo Cosmetics BV.
3.5 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are governed exclusively by Dutch law.
3.6 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.

Article 4 - Offers & Agreements

4.1 All offers of Indigo Cosmetics BV are without engagement and Indigo Cosmetics BV expressly reserves the right to change prices, in particular when this is required by law.
4.2 An agreement is only established after acceptance of your order by Indigo Cosmetics BV. Indigo Cosmetics BV is entitled to refuse orders or to attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, Indigo Cosmetics BV will communicate this within ten working days after receipt of the order.

Article 5 - Prices & Payments

5.1 The prices mentioned for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
5.2 Payment by companies (salons) should be made without discount or compensation within fourteen days after the invoice date for deliveries within the Netherlands, and within twenty-one days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.
5.3 Payment by consumers may be made in advance or on delivery (cash on delivery). If payment is made by bank or giro, the date of payment will be the date on which the giro or bank account of Indigo Cosmetics BV is credited.
5.4 If the payment term is exceeded, you will be in default from the day payment should have been made, and as from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment is made following a demand for payment by Indigo Cosmetics BV, you will be charged an amount of twenty-five Euros for administration costs and if Indigo Cosmetics BV outsources its claim for collection, you will also be charged the collection costs, which will be at least fifteen per cent of the outstanding amount, without prejudice to Indigo Cosmetics BV's right to claim the actual extrajudicial collection costs instead.

5.5 If you default on any payment, Indigo Cosmetics BV is entitled to suspend or terminate the execution of the relevant agreement and any related agreements.
5.6 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten days after Indigo Cosmetics BV communicates the price increase.

Article 6 - Delivery

1. The delivery times stated by the Seller are indicative and may never be regarded as strict deadlines. If the delivery is delayed due to (temporary) lack of stock, or for other reasons, or if the order cannot or can only partially be carried out, the Buyer will receive notification of this within four working days of the day on which he placed the order. In that case, Buyer has the right to cancel the order without cost. Seller will in that case refund any amounts paid in advance, but without payment of interest.
2. Seller is not obliged to make further deliveries as long as Buyer is in default with any payment.
3. The delivery period shall be no later than five working days from the day on which the Buyer placed its order with the Seller, provided that it is in stock.
4. Seller is always entitled to make partial deliveries, unless expressly agreed otherwise.
5. If you provide our webshop with an address in writing, our webshop shall be entitled to send all orders to that address, unless you provide our webshop with a different address in writing to which your orders should be sent.

Article 7- Retention of title

7.1 Ownership of delivered products is transferred only after you have paid all amounts owed to Indigo Cosmetics BV pursuant to any agreement. The risk in respect of the products passes to you at the moment of delivery.

Article 8 - Liability

1. For misunderstanding, mutilation, delay or improper transmission of orders and communications as a result of the use of Internet or any other means of communication in the traffic between Seller and Buyer, or between Seller and third parties, relating to the relationship between Buyer and Seller, Seller is not liable, unless and insofar as there might be intent or gross negligence on the part of Seller.
2. The liability of the Seller shall never extend to loss of profits or other indirect loss.
3. Except in the case of intent or gross negligence, the Seller will never be liable for direct or indirect damage resulting from the infringement of any intellectual or industrial property rights, licences or other rights of third parties.
4. The limitations or exclusions of liability stipulated in the above paragraphs for the Seller himself, as well as the indemnification, are also stipulated for and on behalf of his subordinates, anyone else who is used by him in the framework of the agreement, as well as those from whom he procures delivered goods and/or components.
5. If you do not wish to purchase a product for whatever reason, you have the right to return the product to our webshop within seven (7) working days after delivery. Returns in this case will only be accepted if the packaging of the product is undamaged and any plastic seal on the packaging has not been broken, whereby it also applies that the cost of return shipments will be at your expense. Return of the delivered products to Seller can only take place after prior written consent of Seller.
6. Our products are covered by a manufacturer's warranty in accordance with the terms and conditions of our suppliers.
7. All rights arising from intellectual and industrial property as well as copyrights shall remain with Seller.
8. Announcements, data, specifications and samples made or provided by the Seller, in whatever form and of whatever nature, are intended solely as a guide and are never binding on the Seller, unless the contrary is explicitly stated in the agreement.
9. Our webshop is authorized to make use of third parties in the execution of your order(s).

Article 8 - Warranty

8.1 If Indigo Cosmetics BV delivers products to the customer, Indigo Cosmetics BV is never obliged to provide a more extensive warranty to the customer than Indigo Cosmetics BV can claim from its supplier. The warranty period will always be clearly stated on the invoice. Claims for externally visible defects must be made in writing in accordance with the contract conditions, but no later than seven days after receipt of the goods by the customer. For Consumers, a period of thirty days shall apply. Complaints received by Indigo Cosmetics BV after the expiry of this period need not be processed by Indigo Cosmetics BV.

Article 9 - Force Majeure

9.1 Without prejudice to its other rights, Indigo Cosmetics BV shall in case of force majeure be entitled, at its own discretion, to suspend the execution of your order or terminate the agreement without judicial intervention, by notifying you thereof in writing and without Indigo Cosmetics BV being liable to pay any compensation, unless in the given circumstances this would be unacceptable according to the standards of reasonableness and fairness.
9.2 Force majeure shall be understood to mean any failure not attributable to Indigo Cosmetics BV, as it cannot be attributed to any fault on its part, nor for which it can be held accountable under the law, any juristic act or generally accepted practice.

Article 10 - Miscellaneous

10.1 If you provide Indigo Cosmetics BV with an address in writing, Indigo Cosmetics BV is entitled to ship all orders to that address, unless you provide Indigo Cosmetics BV in writing with another address to which your orders should be sent.
10.2 Where Indigo Cosmetics BV for a short or long time whether tacitly or not permit deviations from these Conditions, without prejudice to its right to demand immediate and strict compliance with these Conditions. You can never assert any right based on the fact that Indigo Cosmetics BV applies these Conditions flexibly.
10.3 Should one or more of the provisions of these Conditions or any other agreement with Indigo Cosmetics BV be in conflict with any applicable legal provision, the provision in question shall cease to have effect and shall be replaced by a new comparable provision to be determined by Indigo Cosmetics BV.
10.4 Indigo Cosmetics BV is authorized to use third parties in the execution of your order (s).


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