Terms and conditions

Last updated: June 2016

Definitions

“Seller/we/our/us” shall mean Everblinks Lashes (registered in the Netherlands, Wijngaard 11, 3206PR Spijkenisse, company registration no. 57127999) and the company’s website www.everblinks.com.
“Customer” shall mean the person or company to whom this document is addressed.
“Website” means www.everblinks.com or any other subdomains of Everblinks which may be accessible unless expressly excluded by their own terms and conditions.
“Order” shall mean the submission of an order for products on the “Website” by the “Customer”

1. General

Use of the products and services made available through the website and access to the Website (collectively, the “Services”) are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms stated in this document. These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Everblinks, to the buyer hereafter referred as the Customer.

Our terms and conditions may be updated and you should check this regularly to take notice of any changes we may have made.

2. Price

2.1  The prices of the goods will be as advertised on the Website and are subject to changes, but these changes shall not affect any order which we have already confirmed. We will try to ensure that all details, descriptions and prices are accurate, but we cannot rule out any accidental errors. In case we discover such an error in the price of the product(s) that you’ve already ordered, this shall be handled as described in clause 2.2.

2.2  If we discover an error in the price of the products that you have already ordered we will contact and inform you of this error, but we are not obliged to provide the goods to you at the incorrect price. We will also give you the opportunity to cancel your order and you will receive a full refund if you have already paid for the products. Everblinks will not process the order until we have your permission to do so and we will consider the order as cancelled if we are unable to contact you using the details provided by you during the order process. Everblinks shall notify you in writing of any cancellations from our part.

2.3  All prices are quoted in Euros and where applicable inclusive of VAT at the current rate chargeable in the Netherlands.

3. Payment

3.1  Payments can be made in Euros, American Dollars, Canadian Dollars, Great British Pounds and Australian Dollars, and by one of the following payment methods: Paypal, Visa, Master Card, American Express, Discover and Direct Bank Transfer.

3.2  Any discount codes issued are strictly subject to the individual terms and conditions specified at the time of issue. If this contradicts the terms and conditions stated in this document, those specified with the discount codes will prevail. If your order does not comply with these terms and conditions, Everblinks will have the right to reject or cancel it.

4. Passing of Property

4.1  Everblinks shall retain the property of the products until the customer has paid the full amount. The Customer will own the goods once full payment has been received by Everblinks

5. Orders

5.1  All Orders are subject to acceptance, availability and confirmation of the order price. Upon placing an Order with Everblinks, the Customer will receive an order confirmation and subsequent update email(s). Receipt of these confirmations and emails does not mean that the Order has been accepted by Everblinks. An order is deemed accepted at the time that Everblinks dispatches the ordered products from its warehouse with the purpose of delivering the products to the address supplied by the Customer. The contract between Everblinks and the Customer will only start when the order is accepted.

5.2  By using this Website, you warrant that all data provided by you for the purpose of fulfilling your purchase is accurate.

6. Delivery

6.1  Any date or period for delivery shall be considered as indicative only. Our policy to try to dispatch all orders within 48 hours, but we cannot be held responsible for delays in delivery that are caused by any third parties. In the event that products are not available at the time of your order, Everblinks will dispatch them as soon as possible.

6.2  We deliver to countries listed on the Website, currently we deliver to most countries in the world (international shipping). Please review the shipping policy on the Website carefully before ordering goods.

6.3  You must comply with all applicable laws and regulations of the country for which the Products are destined. Everblinks shall not be held liable or responsible if you break any such law.

6.4  If you order goods from the Website that are to be delivered to any of the delivery destinations outside the EU, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Everblinks has no control over these charges and you will be responsible for the full amount of such import duties and taxes.

7. Shipping

7.1  All Orders will be delivered using the service as detailed at time of ordering and Everblinks has the right to fluctuate any prices in proportion with its costs for shipping. Please regard our shipping policy for further details.

8. Passing of Risk

8.1  Once the ordered products have been delivered to the address specified on the order, the Customer will assume risk of the products. Everblinks will not be held liable for undelivered parcels if the Customer provides an incorrect or invalid delivery address.

8.2  We bear no risk once the order has left the Everblinks warehouse. We are therefore not liable for any order being lost by third parties, but Everblinks shall forward a claim to the carrier on behalf of the customer. If the customer receives the products in a damaged state, he has the right to have his order replaced or fully refunded. The request to refund has to be made within 14 days and the goods need to be returned to Everblinks together with their original packaging.  See clauses 9 and 10.

8.3  The customer bears the risk once the goods are signed for. It is therefore the customer’s responsibility to refuse to sign for goods if he believes that a parcel has been tampered with. Everblinks will forward a claim to the carrier on behalf of the Customer

8.4  Everblinks has the right to refuse any refund/exchange application and the decision is at the discretion of the management of Everblinks. Failure to give accurate information while making a claim may lead to a prosecution.

9. Acceptance

9.1  The Customer must notify Everblinks AND return the products to the Everblinks warehouse within a period of 30 days after receiving it. If not, the customer shall be deemed to have inspected and accepted the goods. Rejects at a later date may not be accepted by Everblinks.

10. Return Procedure

10.1 When returning products to Everblinks, the Customer must comply with clause 9.1 and follow the returns procedure as described in clause 10.2. If the Customer fails to comply with the return procedure, Everblinks has the right to reject the returned goods.

10.2 The Customer must follow the steps as detailed in the return policy on the website. This requires emailing Everblinks at info@everblinks.com to notify their intention to return any products.

10.3 Everblinks will refund or replace the product when the rejection of the goods is due to defect or discrepancy in the order. The faulty or damaged product must be returned to Everblinks first before any refund or replacement can be issued. All goods must be returned in original packaging, including all items and free gifts received. Everblinks will notify the Customer by email and process the refund or replacement within 30 days after receiving the returned products. The customer is entitled to a full refund of the products plus any additional postage costs for returning them.

10.4 Requested refunds or replacements that are not due to a defect or discrepancy will only be accepted if the Customer complies with clause 9.1 and 10.2. After the Customer notifies Everblinks of his intent to return, Everblinks shall reply with a confirmation email on whether the Customer is entitled to a refund. The purchased products must be returned to Everblinks in original packaging, including all items and free gifts received. The customer is entitled to full refund of the products, but postage costs for returning them are not included. Everblinks shall process the refund or replacement within 30 days after receiving the returned products.

Please note that Everblinks does not replace or refund any DUO eyelash adhesive.

11. Cancellations

11.1 Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the return procedure outlined in clause 10 and the following cancellation procedure.

11.2 The Customer must contact Everblinks by emailing to info@everblinks.com, this notifications must be within 7 days after receiving the products. The Customer has to make sure that the products are returned to Everblinks within 30 days after receiving them. These products must also be unused, in original packaging, including all items and free gifts received. The Customer is responsible for taking reasonable care of the products till their return to Everblinks’ warehouse. Everblinks will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent.

11.3 Everblinks can’t accept cancellations of contracts for the purchase of DUO lash adhesive

12. Our liability

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.

12.2 When the product are used for any commercial, business or re-sale purposes, Everblinks shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Privacy Policy

Everblinks is sensitive to privacy issues on the internet and we are therefore totally committed to protecting the privacy of our site visitors and customers. We can ensure you that we will not disclose any personal information about you to third parties, except where it necessary for the purpose of fulfilling your purchase. This can for example be to arrange a product to be sent to you or to carry out credit security checks. Please note that we cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to the Everblinks website.

13.1 Any information passed through to the website is passed through a secure connection on the internet using industry-standard Secure Sockets Layer (SSL) technology. This allows for the encryption of sensitive information such as your name, address and credit card details. Information passed between your computer and our website cannot be read in the event someone else intercepts it. If a customer wishes to verify or remove their information from our database, this should be requested in writing to info@everblinks.com. Proof of identity might be requested for security reasons.

13.2 We may collect and process the following data about you:

13.2.1 Information that you provide at the time of registering to use the Website and purchasing goods

13.2.2 We may keep a record of the correspondence when you contact us

13.2.3 Details of transactions carried out through the Website

13.2.4 Details of the fulfillment of your orders

13.2.5 Details of your website visits

13.2.6 Information about your computer for system administration or to report information to our advertisers. This is statistical data (such as IP address, operating system and browswer type) about our users’ browsing actions and patterns. Please note that this does not identify any individuals.

13.3 We use information we have about you in the following ways:

13.3.1 To understand the use of the website and make improvements;

13.3.2 To provide you with information where you have consented to be contacted for, such as

13.3.2.1 Promotion of products or services that you request from us or which we feel may interest you

13.3.2.2 Notices and solicitations regarding the website and our business

13.3.3 To carry out our obligations arising from any contracts entered into between you and Everblinks.

13.3.4 To fulfill prizes;

13.4 The Website may use cookies to recognize you on future visits. This helps us to provide you with a good experience when you browse the Website. It also allows us to improve the Website.

14. Intellectual Property

14.1 The entire content published on this site, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of Everblinks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Everblinks. Any other use of materials on the Sites – including reproduction for purposes other than placing an order at Everblinks, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Everblinks is strictly prohibited.

14.2 All trademarks, service marks, and trade names used in the website are trademarks or registered trademarks of Everblinks Lashes and may not be used in connection with any product or service that is not offered by Everblinks.

15. Governing Law and Jurisdiction

15.1 These terms and conditions are governed and shall be interpreted in accordance with Dutch Law. Any dispute or claim associated with these terms and condition shall be subject to the exclusive jurisdiction of the Dutch courts.

Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.

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