Terms and conditions

OVERVIEW
Welcome to Indigo Cosmetics! The terms "we," "us," and "our" refer to Indigo Cosmetics. Indigo Cosmetics operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Indigo Cosmetics is powered by Shopify, enabling us to provide the Services to you.

The following terms and conditions, including all policies referred to herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province where you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase, or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate possible description of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the device's settings and configuration.
We do not guarantee that the appearance or quality of the products or Services you purchase will meet your expectations or correspond to the images or descriptions in our online store.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue selling a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Indigo Cosmetics reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Indigo Cosmetics has confirmed it. We must have received and processed your payment before your order is accepted. Carefully review your order before submitting it. Indigo Cosmetics may be unable to honor a cancellation request after your order has been accepted. If we do not accept, modify, or cancel an order, we will try to notify you by contacting you at the email address, billing address, and/or telephone number you provided during the ordering process.
You may return or exchange purchases only in accordance with our refund policy [LINK].
You represent and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time you place the order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the listed prices exclude taxes, shipping costs, handling fees, customs duties, and import duties.
The prices displayed in our online stores may differ from the prices in physical stores, or in online stores or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, whenever they change, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the displayed prices, including shipping charges, handling fees, and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have delivered the products to the carrier, ownership and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Indigo Cosmetics, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Indigo Cosmetics, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Indigo Cosmetics.
The names, logos, product names, service names, design elements, and slogans of Indigo Cosmetics are trademarks of Indigo Cosmetics or its affiliates or licensors. You may not use such trademarks without the prior written permission of Indigo Cosmetics. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be able to access customer tools offered by third parties through the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools in their current condition and as available, without any warranties, representations, or conditions of any kind and without any endorsement. We are not liable in any way for damage arising from or related to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party or parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or third-party websites that you wish to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Carefully review and ensure that you understand the third party's policies and practices before entering into a transaction. For complaints, claims, concerns, or questions about third-party products and services, you must contact the relevant third party directly.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[OPMERKING VOOR MERCHANTS: Dit artikel beschrijft nauwkeurig de relatie van Shopify met je winkel en mag niet worden verwijderd of gewijzigd.]
Indigo Cosmetics uses Shopify so that we can provide the Services to you. However, all sales and purchases you make in our store are handled directly with Indigo Cosmetics. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Indigo Cosmetics, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Indigo Cosmetics.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide the Services to you and improve them. Information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, so that they can provide services to you. Read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transfer ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We have no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or to violate the intellectual property rights of any party or these Terms of Service, but we have no obligation to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, moral rights, and other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene statements, or computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible for and accept no liability for Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
It may occasionally happen that information provided in or in connection with the Services contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for unlawful or harmful activities; (b) to violate international, national, federal, or provincial laws, regulations, provisions, or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in activities that restrict or inhibit others' use of the Services, or that, as determined by us, may harm or expose Indigo Cosmetics, Shopify, or users of the Services to liability.
In addition, you agree not to do any of the following: (a) upload or transmit viruses or other types of malicious code that affect or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the termination date.
The following provisions will also remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature must remain valid after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services and other persons who are informed of its content.
UNLESS EXPRESSLY STATED BY Indigo Cosmetics, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Indigo Cosmetics, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT IS (OR A PRODUCT THAT IS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ARTICLE 17 - INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless Indigo Cosmetics, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that gives rise to indemnification, provided that failure to provide timely notice will not release you from your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such a claim at your expense, including engaging counsel, but we will not settle claims requiring you to undertake non-monetary obligations without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims that give rise to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or business rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so will be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations to others without your consent or notification.

ARTICLE 21 - GOVERNING LAW
These Terms of Service and all separate agreements under which we provide you with our Services are subject to and will be interpreted in accordance with the federal and state-specific or provincial courts in the jurisdiction where Indigo Cosmetics has its registered office. You and Indigo Cosmetics agree to the authority and personal jurisdiction of the relevant court.

ARTICLE 22 - HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
On this page, you can consult the most recent version of the Terms of Service at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website regularly for any changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept these changes.

ARTICLE 24 - CONTACT DETAILS
Please direct any questions about the Terms of Service to us at silke@indigocosmetics.nl.
You can find our contact details below:
Indigo Cosmetics
silke@indigocosmetics.nl
Willemsparkweg 95-1
+31202610750
Chamber of Commerce: 58763783
VAT number: NL853171208B01