Terms and Conditions
Below you will find the General Terms and Conditions of Obsessed By Lashes. These contain important information for you as a buyer. It is essential that you read these carefully. By placing an order with Obsessed By Lashes, the General Terms and Conditions apply.
Article 1 - Definitions
- Obsessed By Lashes: Based in Nijkerk, registered under KvK number 92796435. The legal entity that offers products both in wholesale and online through the webshop.
- Customer: A natural or legal person who enters into an agreement (remotely) with Obsessed By Lashes or a natural person who does not act in the exercise of a profession or business who enters into an agreement (remotely) with Obsessed By Lashes.
- Parties: Obsessed By Lashes and the customer collectively.
- Distance communication technique: A means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same space at the same time.
- Products: All goods to be delivered by Obsessed By Lashes to the customer based on the agreement, including but not limited to DIY lashes.
Article 2 - Applicability
These terms and conditions apply to all deliveries, offers, and agreements from or with Obsessed By Lashes.
Obsessed By Lashes and the Customer can only deviate from these terms and conditions if explicitly agreed upon in writing. Other provisions of these terms and conditions will remain in effect.
Obsessed By Lashes and the Customer expressly exclude the applicability of the Customer's or others' General Terms and Conditions.
Before the agreement (remotely) is concluded, the text of these terms and conditions will be made available to the buyer. If reasonably impossible, it will be indicated where the terms and conditions can be accessed electronically, and they will be sent free of charge upon request.
It may happen that Obsessed By Lashes does not always require strict compliance with these terms and conditions. This does not mean that the provisions do not apply or that Obsessed By Lashes loses the right to demand strict compliance in other cases.
If a provision in the Agreement or General Terms and Conditions is deemed invalid, this does not affect the validity of the entire Agreement or Terms and Conditions. In this case, both Parties will establish a new provision that reflects the intention of the original provision as closely as possible.
Article 3 - Prices
Obsessed By Lashes uses prices in euros, including VAT and other costs such as fees and shipping costs, unless otherwise agreed upon in writing.
Obsessed By Lashes may change the prices of its products on its website and in other communications at any time.
Shipping costs are not included in the price unless the amount exceeds the amount stated in our Shipping & Returns policy. Shipping outside of the Netherlands applies special rates. Certain payment methods may have additional terms related to the shipping method and associated costs. These will be clearly communicated to the customer.
The consumer has the right to cancel the agreement within (7) calendar days due to a price increase, unless the increase results from a legal regulation.
Article 4 - Payments and Payment Terms
Orders placed through the webshop can be paid using the following methods: bank transfer, iDEAL, PayPal.
The Customer must make payments to Obsessed By Lashes according to the payment methods indicated in the order process and possibly on the website. Obsessed By Lashes is free to choose the payment methods offered, and these may change from time to time.
The Customer is obliged to immediately notify Obsessed By Lashes of any inaccuracies in the provided or stated payment details.
If the Customer does not pay on time and/or in full, the Customer is in default. In such a case, all claims that Obsessed By Lashes has against the Customer become immediately due and payable, without further notice of default. All extrajudicial and judicial costs incurred by Obsessed By Lashes are at the Customer’s expense. These amount to at least 15% of the principal sum, with a minimum of €150. In the event of default, the Customer is liable to pay 1% interest per month, with a portion of the month being considered a full month.
Obsessed By Lashes is entitled to suspend the delivery of products if the Customer does not fulfill their payment obligations.
The customer must report any objections to an invoice within 14 days after the invoice date in writing and as detailed as possible to Obsessed By Lashes.
If the Customer does not raise any objections within the 14-day period, the invoice is deemed to be accepted.
Article 5 - Right of Withdrawal
A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This period starts when the ordered goods are delivered. Cosmetic products cannot be returned.
The 14-day cooling-off period in paragraph 1 begins: the day after the consumer receives the last product or item from a single order.
The consumer can exercise their cooling-off right by sending an email with this subject to info@obsessedbylashes.com.
Returned products must be in the original packaging (including accessories and related documentation) and in new condition. If the goods have been used, damaged, or altered in any way, the right of cancellation will be forfeited. Obsessed By Lashes reserves the right to charge administration fees for returned products.
If the consumer damages the goods in violation of paragraph 3, the consumer is liable for any depreciation resulting from this.
The shipping costs for returning the products are the consumer's responsibility.
Products can be returned to:
Obsessed By Lashes
Smitspol 9
3861 RS Nijkerk
Any amounts already paid (in advance) will be refunded to the consumer as soon as possible, but no later than 14 days after the cancellation of the Agreement, using the same payment method used for the original purchase.
For hygiene reasons, products must remain sealed after delivery. If this is not the case, these products cannot be returned.
If the above condition applies, the consumer cannot invoke the right of withdrawal.
Article 6 - Delivery
Delivery takes place while stocks last. Obsessed By Lashes will send the products as soon as possible after the order is confirmed by Obsessed By Lashes.
Exceeding the delivery times specified by Obsessed By Lashes, for any reason, does not entitle the customer to compensation or to non-performance of any obligation under the relevant Agreement or any related Agreement. The customer must notify Obsessed By Lashes in writing before Obsessed By Lashes is in default.
If the maximum statutory delivery period of thirty working days is exceeded, the customer has the right to cancel the agreement. Payments will be refunded to the customer within 14 days after the notice.
Obsessed By Lashes only delivers to addresses in the Netherlands, Belgium, and Germany.
Article 7 - Retention of Title
Obsessed By Lashes retains ownership of all delivered products until the customer has paid all outstanding invoices related to an underlying agreement, including claims arising from non-performance.
Until then, Obsessed By Lashes can use its retention of title and take back the goods.
Before the ownership has transferred to the customer, the customer may not pledge, sell, alienate, or encumber the products in any other way.
Obsessed By Lashes is entitled to reclaim the products delivered under retention of title that are still with the customer if the customer does not fulfill their payment obligations on time or is in payment difficulties or threatens to be in such difficulties.
The customer shall at all times grant Obsessed By Lashes free access to the products for inspection or for the exercise of Obsessed By Lashes' rights.
Article 8 - Complaints
The customer has an obligation to investigate the products delivered by Obsessed By Lashes for any defects as soon as possible.
If there are defects, damages, or deviations, the customer must notify Obsessed By Lashes within 48 hours after delivery or after the customer reasonably could have been aware of the complaint. Complaints must be described as accurately as possible so that Obsessed By Lashes can respond adequately.
Any claim by the customer regarding delivered products expires if:
- The products are no longer identifiable as originating from Obsessed By Lashes.
- The defects are partly due to normal wear, improper handling, incorrect use, storage, or maintenance of the products.
The costs of returning products with detected defects are at the expense of Obsessed By Lashes.
Obsessed By Lashes will respond within 30 days after receiving the complaint. If Obsessed By Lashes cannot provide a definitive response within 30 days, Obsessed By Lashes will provide an indication of when a substantive response is expected.
The customer must give Obsessed By Lashes the opportunity to thoroughly investigate the complaint. Additional documents may be requested during this process.
If Obsessed By Lashes determines that the customer has not submitted a complaint correctly or in time, Obsessed By Lashes is not required to address the complaint and the customer is not entitled to repair, replacement, or compensation.
Article 9 - Conformity
Obsessed By Lashes only guarantees that the products meet the Agreement and the Dutch legal provisions and/or government regulations in force at the time the Agreement was concluded.
Obsessed By Lashes does not guarantee suitability for the purposes set by the customer, nor is Obsessed By Lashes liable unless Obsessed By Lashes has explicitly and in writing confirmed the suitability for a particular purpose. The customer is responsible for investigating the suitability of the product for their specific purposes. Any liability for damages that may arise from or due to the use of the product – including as a result of an allergic reaction – is excluded.
Article 10 - Suspension and Termination
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In addition to its legal powers to dissolve and suspend the Agreement, Obsessed By Lashes has the right to immediately terminate the Agreement and/or suspend its performance if any of the following events occur:
a. The customer fails to fulfill the obligations under the Agreement and/or General Terms and Conditions, either not at all, not fully, or not timely;
b. After concluding the Agreement, Obsessed By Lashes receives information that gives reasonable grounds to fear that the customer will not fulfill their obligations;
c. The customer dies;
d. A request for (temporary) suspension of payment has been made by the customer;
e. The customer is declared bankrupt or a petition for bankruptcy has been filed;
f. The customer’s assets are seized;
g. A decision has been made for the dissolution and/or liquidation of the customer;
h. The customer is placed under guardianship or under administration;
i. The customer otherwise loses control over or the capacity to manage their assets or part thereof.
The customer is required to immediately inform Obsessed By Lashes of the occurrence of any event referred to in subparagraphs d to i.
Article 11 - Intellectual Property Rights
The Agreement is not intended to transfer any intellectual property rights of Obsessed By Lashes and/or third parties engaged by Obsessed By Lashes to the customer.
The customer is explicitly prohibited from infringing the intellectual property rights – such as copyrights – of Obsessed By Lashes and/or third parties engaged by Obsessed By Lashes, as well as the good name of Obsessed By Lashes.
The customer shall not perform any acts during or after the termination of the Agreement that could infringe on the intellectual property rights of Obsessed By Lashes and/or third parties engaged by Obsessed By Lashes.
Article 12 - Website
Obsessed By Lashes makes every effort to ensure that the website functions properly and remains accessible at all times. However, Obsessed By Lashes cannot guarantee this.
Obsessed By Lashes relies on the understanding of the customer during potential disruptions or maintenance of the website.
The customer cannot hold Obsessed By Lashes liable for any damage suffered due to the inaccessibility of the Obsessed By Lashes website.
Article 13 - Personal Data
Obsessed By Lashes processes the customer’s personal data in accordance with its privacy policy, which can be found here:
https://obsessedbylashes.com/pages/privacy-policy
Article 14 - Force Majeure
Obsessed By Lashes is not obligated to fulfill any obligation toward the customer if it is hindered due to force majeure.
Force majeure, in these terms, refers to all external causes, whether or not foreseen, that Obsessed By Lashes cannot influence and which prevent it from fulfilling its obligations, such as pandemics, epidemics, non-performance by suppliers, power failures, internet network or telecommunications disruptions, public health risks, government measures that hinder compliance, public infrastructure failures, general transport issues, strikes, war, terrorist attacks, civil unrest, or natural disasters.
Obsessed By Lashes may suspend its obligations under the Agreement for the duration of the force majeure event. If this period lasts longer than 2 months, both parties are entitled to terminate the Agreement without being liable for damages to the other party.
If Obsessed By Lashes has already partially performed its obligations when the force majeure event occurs, Obsessed By Lashes is entitled to invoice for the portion already delivered or to be delivered. The customer is obliged to pay this invoice.
Article 15 - Liability
Obsessed By Lashes is only liable as stated in this article. The same applies to third parties engaged by Obsessed By Lashes for the performance of the Agreement, such as employees and other persons engaged by Obsessed By Lashes.
The delivery of the products releases Obsessed By Lashes from all liability for defects that the customer discovered or reasonably could have discovered at the time of delivery.
Obsessed By Lashes cannot influence the final use of the products by the customer. Any liability for damages arising from or due to the use of the products – including as a result of an allergic reaction – is excluded.
Obsessed By Lashes is not liable for damages arising from the use of incorrect or incomplete information provided by or on behalf of the customer.
Obsessed By Lashes is not liable for damage caused by:
a. Failure to follow the product’s instructions, safety regulations regarding health risks, or other manuals;
b. Failure to follow or act on instructions or warnings from Obsessed By Lashes regarding the product;
c. Repair or maintenance of the product by anyone other than Obsessed By Lashes;
d. Incorrect maintenance of the product;
e. Careless or improper use of the product;
f. Normal wear and tear due to the use of the product;
g. Installation, adjustment, or processing of the product by someone other than Obsessed By Lashes or an authorized third party;
h. Use of the product for purposes other than those intended by the product.
Obsessed By Lashes is never liable for indirect damages, including consequential damage, lost profits, missed savings, data loss, and damage due to business interruption.
Obsessed By Lashes can only be liable for direct damages caused by a failure to fulfill its obligations under the Agreement that the customer reports within 30 days after becoming aware of it or after the customer reasonably could have become aware of it, in writing via registered mail.
Direct damages are defined as:
a. Reasonable costs incurred to determine the cause and extent of the damage, as long as the determination relates to the damage under these General Terms and Conditions;
b. Reasonable costs to bring the defective performance of Obsessed By Lashes in line with the Agreement;
c. Reasonable costs incurred to prevent or limit damage, provided the customer proves that these costs resulted in limiting the direct damage as described in these General Terms and Conditions.
The (cumulative) liability of Obsessed By Lashes on any grounds is always limited to the amount paid out by Obsessed By Lashes' liability insurance in the relevant case.
If no payout is made for any reason from the aforementioned insurance, the maximum (cumulative) liability, regardless of the legal basis, is limited to the amount invoiced by Obsessed By Lashes for the part of the Agreement to which the liability relates.
Any liability of Obsessed By Lashes expires after 6 months from the time the Agreement ends by delivery, dissolution, or otherwise.
The liability limitations in these General Terms and Conditions do not apply if the damage is due to deliberate intent or gross negligence of Obsessed By Lashes.
Article 16 - Indemnity
The customer indemnifies Obsessed By Lashes against all claims from third parties related to or arising from the legal relationship between Obsessed By Lashes and the customer.
The customer explicitly indemnifies Obsessed By Lashes from any claims related to intellectual property rights on information and/or data provided by the customer to Obsessed By Lashes.
Article 17 - Final Provisions
Obsessed By Lashes is entitled to engage third parties to fulfill its obligations under the Agreement.
If these General Terms and Conditions are drawn up in a language other than Dutch, the Dutch version shall prevail in case of any ambiguity, incompleteness, or contradiction due to translation.
Dutch law applies to the Agreement, even if the Agreement is executed entirely or partially abroad or if the customer resides there.
In the event of a conflict between a provision of these General Terms and Conditions and a provision of the Vienna Sales Convention (UN Convention on Contracts for the International Sale of Goods, or CISG), the provisions of these General Terms and Conditions will prevail.
Unless mandatory legal provisions dictate otherwise, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Obsessed By Lashes is located.
The language of any legal procedure will be Dutch.
The parties will only resort to the courts after making every effort to resolve the dispute through mutual consultation.
Contact Details
If you have any questions, complaints, or comments after reading these General Terms and Conditions, feel free to contact us using the contact details below:
Obsessed By Lashes
Smitspol 9
3861 RS Nijkerk
Email: Info@obsessedbylashes.com
KvK number: 92796435
VAT number: NL866175520B01