Estee Lashes Online Shop Terms and Conditions
Table of Contents (Part 1 of 2):
- Article 1 - General Definitions
- Art. 2 - Preliminary provisions
- Art. 3 - Technical Requirements and Cookies
- Art. 4 - Electronic Services (Account, Chat)
- Art. 5 - Newsletter and Marketing Communications
- Art. 6 - Order procedure
- Art. 7 - Prices, Taxes and Payment Methods
- Art. 8 - Delivery and Transport Implementation
- Art. 9 - Right of withdrawal (B2C Consumers)
- Article 10 – Exclusions from the right of return (Hygiene)
Article 1 - General Definitions
For the purposes of these Terms and Conditions, the following capitalized terms shall have the following meanings:
- Salesperson – the entity managing the Store, i.e. Estee Lashes with its registered office in Zoetermeer (2716KG), ul. Zalkerbos 145, registered in the trade register of the Chamber of Commerce under the number KVK: 89458028.
- Shop – the online transaction service available under the domain esteeshop.nl, through which the Customer can place orders.
- Client – a natural person, legal person or organisational unit without legal personality, which enters into a Sale Agreement with the Seller.
- Consumer (B2C) – a private individual making a purchase in the Shop for purposes not directly related to their economic or professional activity, in accordance with Dutch and EU consumer law regulations.
- B2B Client – business entity or natural person making a purchase as part of professional activity (e.g., beauty salon, wholesaler).
- Product - goods available in the Shop's offer, which are the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a distance sales contract for the Product concluded between the Customer and the Seller via the Shop.
- Working Days – days from Monday to Friday, excluding public holidays in the Netherlands.
Article 2 - Preliminary Provisions
1. These Terms and Conditions set out the rules for using the Estee Lashes Online Shop, the rules for placing orders for Products, order fulfilment times, payment terms, the Customer's rights to cancel an order, and the rules for filing complaints.
2. The Seller carries out retail and wholesale sales via the Internet within the Netherlands and selected European Union countries.
3. All Products offered in the Shop are brand new, free from physical and legal defects, and have been legally introduced onto the European market.
Article 3 - Technical Requirements and Cookies
1. To use the Store, you need a device with internet access, a correctly configured web browser (e.g. Chrome, Safari, Firefox), and an active e-mail account.
2. The shop uses cookie technology to ensure the correct functioning of the shopping basket mechanism, content personalisation, and website traffic analysis.
3. Detailed rules for data processing and the cookie policy are included in a separate document: Privacy Policy.
Article 4 - Electronic Services (Account and Chat)
1. The Seller provides free services electronically, consisting of maintaining a Customer Account, making the Order Form available, and an interactive Chat.
2. The Customer Account Service requires registration and allows for tracking of order history, management of delivery addresses, and use of loyalty programmes.
3. The interactive chat is for quick communication with the Seller. It is forbidden to send illegal, offensive or infringing content concerning the personal rights of third parties through it.
Article 5 - Newsletter and Marketing Communications
1. The client has the option to subscribe to the Newsletter service, which involves receiving commercial information, news, and special offers at the provided email address.
2. Subscription to the newsletter is made by explicitly ticking the consent box (Double Opt-In) and can be withdrawn at any time without giving a reason.
3. The Seller may offer one-time discount codes for signing up to the Newsletter. The rules for using such codes are set out in Art. 7 of these Regulations.
Article 6 – Procurement procedure
1. The customer places an order by adding Products to the virtual shopping basket, completing the delivery form and clicking the "Order and pay" button (or equivalent).
2. Ordering does not require a Customer Account (guest checkout is available).
3. Upon placing an order, the Customer receives an automatic confirmation via email. The Sale Agreement is concluded at the moment the Customer receives confirmation from the Seller that the order has been accepted for processing.
Article 7 – Prices, Taxes and Payment Methods
1. All prices are quoted in Euros (EUR). For B2C Customers, prices include BTW (VAT). For B2B Customers, prices may be shown as net/gross depending on profile settings.
2. Delivery costs are not included in the Product price and are added at the final stage of placing an order.
3. The shop accepts payments via the iDEAL system, payment cards (Visa, Mastercard), Apple Pay, Google Pay, and traditional bank transfer.
Article 8 - Delivery and Carriage
1. Products are sent via PostNL or another chosen logistics provider.
2. Dispatch typically takes 24 hours on Working Days, unless a different timeframe is indicated in the Product description.
3. The seller provides free delivery for orders over €200 within the Netherlands.
4. The client is obliged to check the condition of the shipment upon receipt. In the event of mechanical damage incurred during transport, it is recommended to draw up a damage report in the presence of the courier.
Article 9 - Right of withdrawal (B2C)
1. The consumer is entitled to withdraw from the agreement without stating any reason within 14 days of taking possession of the Product (right of withdrawal).
2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an unambiguous statement (e.g. a letter sent by post or email).
3. The consumer shall bear the direct costs of returning the Product to the Seller's warehouse in Zoetermeer.
Article 10 - Exclusions from the right to return (Hygiene)
Pursuant to Dutch Civil Code (BW), the right of withdrawal does not apply to orders for goods supplied in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery.
2. This applies in particular to: strip lashes, lash glues, cleaners, removers, and tweezers, provided the original seal (tamper-evident seal, foil) has been broken by the Customer.
Contents (Part 2 of 2):
- Art. 11 - Specific Provisions for B2B
- Article 12 – Warranty and non-conformity of goods
- Art. 13 - Complaint Procedure
- Art. 14 - Liability for professional products
- Article 15 - Force Majeure
- Art. 16 - Intellectual Property and Copyright
- Art. 17 - Product Reviews and Moderation
- Art. 18 - Out-of-court dispute resolution
- Art. 19 - Reparations liability
- Article 20 – Amendments to the Rules
- Article 21 – Governing law and final provisions
Article 11 – Specific provisions for Business Customers (B2B)
1. This article applies exclusively to Non-Consumer Customers within the meaning of Article 1 of the Terms and Conditions.
2. In its dealings with Business Clients, the Seller reserves the right to limit available payment methods or to request full prepayment before dispatching goods, regardless of any settings previously selected in the shopping cart.
3. Upon delivery of the Product to the carrier (courier), the benefits and burdens associated with the item, as well as the risk of its accidental loss or damage, pass to the Business Customer. In such a case, the Seller shall not be liable for delays in transport or for damage caused by the fault of the courier company (PostNL or others).
4. The Seller's liability for warranty against Business Customers is entirely excluded under the provisions of the Dutch Civil Code, unless the parties agree otherwise in writing, on pain of nullity.
Article 12 - Guarantee and non-conformity of goods with the contract
1. The Seller shall deliver the Product free from defects. In the case of Consumers (B2C), there is a statutory presumption of conformity of the goods with the contract for a period of 2 years, in accordance with EU directives and Dutch law.
2. Products such as tweezers and electronic devices (e.g. lamps, scales) may have an additional manufacturer's warranty. The warranty conditions are then attached to the Product or published on its product description page.
3. The warranty does not cover damage resulting from improper use, storage (e.g., storing glue at an unsuitable temperature), mechanical damage incurred after goods have been received, or normal wear and tear.
Article 13 - Complaints Procedure
1. The Customer has the right to lodge a complaint in the event of a defect in the Product or non-conformity with the order. Complaints should be reported electronically to the following address: hello@esteeshop.nl.
2. A correctly submitted complaint should include: full name/company name, order number, description of the defect, and photographic evidence (if the defect is visible).
3. The Seller shall respond to a complaint within 14 calendar days. Failure to respond within this period does not automatically mean the complaint is upheld, however, the Seller will endeavour to make the process as short as possible.
4. If the complaint is upheld, the Seller will first offer to repair or replace the Product with a new one. If replacement is not possible, the Customer will receive a refund.
Article 14 – Specific liability for professional products
1. The Seller emphasises that the Shop's range includes Chemical Products (adhesives, removers, cleaners, boosters), which require specialist knowledge of eye anatomy and the chemistry of cosmetic products.
2. Estee Lashes shall not be liable for:
- The occurrence of allergic reactions in the Client's customers, resulting from individual predispositions or failure to conduct an allergy test.
- Damage to natural eyelashes or eyesight resulting from incorrect product application technique.
- Consequences of using the Products by individuals who do not possess a certificate of completion for professional eyelash styling training.
3. The client purchasing professional adhesives confirms that they are aware of the conditions for their storage (humidity, temperature) and accepts that these parameters have a crucial impact on the durability of the application.
Article 15 – Force majeure (Overmacht)
The seller shall not be liable for non-performance or improper performance of obligations arising from the Agreement if it is a consequence of force majeure.
2. Force majeure shall mean external events, impossible to predict and prevent, such as: wars, natural disasters, epidemics, border blockades, carrier strikes (e.g. PostNL), nationwide IT system failures, or sudden changes in laws and regulations that make it impossible to trade a given assortment.
Article 16 - Intellectual Property
1. All photos, descriptions, graphics, logos and video materials published in the Sklep esteeshop.nl store are the intellectual property of Estee Lashes or their authors and are protected by copyright.
2. Copying, distributing or using content from the website without the Seller's written consent is strictly forbidden and may result in civil and criminal legal action.
Article 17 - Product Reviews
1. The shop allows for the publishing of reviews regarding Products. Reviews may only be published by Customers who have actually purchased a given Product.
2. The Seller reserves the right to remove reviews that are offensive, vulgar, contain links to competitors, or violate social coexistence principles.
Article 18 – Alternative dispute resolution
1. The consumer has the option to use out-of-court complaint and dispute resolution methods. Detailed information is available on the ODR (Online Dispute Resolution) platform at: http://ec.europa.eu/consumers/odr/.
2. The Seller is not obliged to use out-of-court dispute resolution, but will consider such an option each time in order to amicably resolve the conflict.
Article 19 – Limitation of liability
1. The Seller's liability for damages towards a Business Customer (B2B) is limited to the amount actually paid by the Customer for the relevant Product from which the damage arose.
2. The Seller shall not be liable under any circumstances for the Customer's loss of profit (lucrum cessans), e.g. for cancelled appointments at the salon due to delayed eyelash delivery.
Article 20 - Amendments to the Regulations
1. The Seller reserves the right to amend these Terms and Conditions for valid reasons, such as changes in legislation, changes in payment or delivery methods.
2. For orders placed before the effective date of the new Terms and Conditions, the provisions of the Terms and Conditions in force on the date the order was placed shall apply.
Article 21 - Applicable Law and Jurisdiction
1. In matters not covered by these Regulations, Dutch law (Nederlands recht) shall apply.
2. Disputes with Business Clients shall be settled exclusively by the court competent for the Seller's registered office (The Hague).
3. If any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall remain in force.
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