1. General provisions
1.1. These terms & conditions are meant to provide the customer information about Flamingo Beauty(“Seller”) as well as to explain the buyer (“Buyer”) the terms & conditions regarding the sale (“Terms & conditions”) of our products (“Products”).
1.2. These Terms & conditions are also meant to be used as a guide when making contracts between the Seller and the Buyer regarding the sale of the Products (“Contract”). Before you buy any of the Products in our e-shop, please read these Terms & conditions and make sure that you understand them. Before you as a Buyer make an order, you have to mark that you agree with these Terms & conditions. While making an order you also agree with the Privacy policy hosted on our site.
1.3. As marked in the 6th section, the Seller reserves the right to change these Terms & conditions, so make sure that you check these Terms & conditions to understand under what conditions you will be buying the Products before placing the order.
1.4. These Terms & conditions as well as any other Contracts between the Seller and the Buyer are made in the English language.
2. Information about the Seller
2.1. These Terms & conditions describe the purchase of the Products on www.flamingobeauty.nl e-shop whose Seller is Flamingo Beauty, company code: 78019257, company address Zeesluisweg 78, Den Haag Zuid-Holland, the Netherlands. E-mail: info@flamingobeauty.nl.
3. Products
3.1. Product photos present in www.flamingobeauty.nl e-shop are illustrative. Because of the fact that the screens of different devices used for browsing the Internet might not display the colors of the Products accurately, the Buyer understands that the actual color of the Product might be different than the one they see on their device.
3.2. If not specified otherwise, all Products displayed on the e-shop can be ordered. If for some reason the ordered Products are out of stock or the ordered quantity of the Products is too big, the Buyer is informed through e-mail, phone call or an SMS message, and if the Buyer and Seller do not agree on changing the ordered Products with similar Products, order processing is cancelled.
4. Handling of personal data
4.1. The Seller processes the personal data of the Buyer according to the Privacy policy hosted in www.flamingobeauty.nl/pages/privacy-policy/ page. Please read it and make sure that all provisions are understandable and acceptable.
5. Conclusion of the purchase – sale agreement
5.1. Products in the www.flamingobeauty.nl e-shop can be bought by individuals which are 14 (fourteen) years or older as well as by legal entities.
5.2. By agreeing with these Terms & conditions the person confirms that they have the right to purchase Products in this e-shop.
5.3. The Product ordering process in this e-shop created by the Seller provides the Buyer a chance to check their order multiple times and fix any mistakes before placing the final version of the order. We ask you to carefully read and check your order in each step of the checkout.
5.4. Contract between the Buyer and the Seller is deemed as concluded after the Buyer, who has successfully formed their Product cart, specified their name, surname (in latin symbols), delivery address, postal code, chosen the payment method, and confirmed that they have made themselves acquainted with these Terms & conditions, presses the button “Place order” and pays for the order. If the order is not paid, the contract is not deemed as concluded. The Seller reserves the right to contact the Buyer via the contacts specified during the checkout due to the factors related to the purchase – sale agreement or due to the factors related to the execution of the Contract.
5.5. After the Buyer places the order and pays for it, they should receive an e-mail, confirming that the Seller has received the order.
5.6. Each Contract between the Buyer and the Seller (order concluded by the Buyer) is registered and kept in the database of the e-shop.
5.7. If there are no possibilities for the Seller to sell the Product, for example because of the fact that the Product becomes out of stock, order quantity is too large, or the Product is out of the assortment, the Buyer will be informed about it via e-mail, phone call and/or SMS message, and the order will not be processed by the Seller. If the Buyer will have already paid for the Products, the Seller will return the amount paid by the Buyer in 14 (fourteen) calendar days to the bank account from which it was paid.
6. The right to rule changes
6.1. The Seller has the right to change these Terms & conditions because of the factors including, but not limited to:
– changes in payment and/or shipping conditions;
– changes in laws and other regulations.
6.2. Each time the Products are ordered, the version of the Terms & conditions in force at that time shall prevail.
6.3. Each time when the Terms & conditions are changed, date of change is provided in the 18th section of these Terms & conditions.
7. Product returns and cancellation of the Contract
7.1. The Buyer has the right to return the purchased Products in 14 calendar days. The Products must be turned in their original undamaged packaging. Deadline until which it is possible to return the Products is counted from the next day after the Product delivery or their collection from the parcel terminal. Product return costs are paid by the Buyer, unless the Seller and the Buyer agree otherwise.
7.2. The right to Product returns is not applied to the Products which were used, whose appearance is damaged, or which are not in their original packaging.
7.3. Only individuals have the right to return the Products.
7.4. The Buyer who requires to return the Products and to cancel the Contract must send the Seller the completed form, containing the written decision to return the Products and the reasoning for such decision. After receiving such notice from the Buyer, The Seller confirms its receipt to the Buyer.
7.5. The Buyer, not later than in 14 (fourteen) calendar days, returns the Products to the Seller. This deadline is deemed as met if the Buyer sends the Products before the 14 (fourteen) calendar day period finishes.
7.6. After the Products are successfully returned, the Buyer gets a refund for the Product and the costs related to the initial Product delivery.
7.8. The Buyer is responsible for any depreciation in Product value due to actions which are not necessary to determine the nature, characteristics and functioning of the Products. The Seller reserves the right to unilaterally reduce the amount refunded to the Buyer, taking into account the extent to which the value of the Products has decreased.
7.9. The Products returned by the Buyer must be undamaged, unused. Returned Products must have authentic labels, protective bags, and the same accessories with which they were sold. Returned Products must be in proper original packaging with all accessories with which they were delivered (e.g. instructions and warranty card).
7.10. While returning the Products, the Buyer must present the order number.
7.11. The Seller reserves the right to not return the Buyer the amount paid until the Products reach the Seller and the Seller checks whether they meet sections 7.8 and 7.9 of the Terms & conditions.
7.12. If the Buyer received bad quality Products, the Seller commits to the Buyer to pay for such Product returns.
8. Product delivery
8.1 In the Netherlands, the Products are delivered via parcel companies (to parcel terminals or to the specified address). Delivery time is usually 1-5 working days. In other countries, Products are delivered via courier services. Delivery takes up to a month. In both ways, shipping price is specified during the checkout.
8.2. The Buyer must specify their own address or the address of the selected parcel terminal during the checkout.
8.3. If the Buyer notices any damage to the packaging of the shipment when picking up the Products from the parcel terminal or courier, the Buyer must take a photograph of the shipment and present the picture to the Seller in a convenient manner and make sure that the Products themselves are not damaged. If the Products are also damaged, the Products may be returned to the Seller and the Seller shall bear the costs of such return.
9. Product price
9.1. Valid Product price is displayed next to each Product in the e-shop.
9.2. The prices stated in the offer of products or services include VAT.
9.3. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
10. Payment
10.1. The Buyer pays for the Products using a payment method. In order to complete the order, the Buyer must make a payment, which is processed using the payment technology after the Buyer has entered his payment details.
11. Obligations of the Buyer
11.1. The Buyer must provide the correct details on the order form. In the event that the data specified in the Buyer’s order form changes, the Buyer must notify the Seller as soon as possible.
11.2. The Buyer must pay for the ordered Products and accept them in accordance with the procedure established in these Terms & conditions.
11.3. The Buyer is obliged to inspect the Products before using them and to make sure that the Products received are exactly the Products that they ordered.
11.4. The Buyer must comply with the requirements provided for in these Terms & conditions and the legal acts of the Netherlands.
11. Obligations of the Seller
12.1. The Seller is obliged to respect the privacy of the Buyer and to process the personal data of the Buyer only in accordance with the procedure established by these Terms & conditions, the Privacy policy and the legal acts of the Netherlands.
12.2. The Seller is obliged to comply with the requirements set forth in these Terms & conditions.
13. Manufacturer's warranty
13.1. Certain Products sold by the Seller may be covered by the manufacturer’s warranty. Information about such warranty and its terms are provided in the manufacturer’s warranty that accompanies the Products. The manufacturer’s warranty extends the Buyer’s rights in relation to the Products that are of poor quality.
14. Product quality
14.1. The Seller guarantees the quality of the Products in accordance with the law. The warranty of the manufacturer of the Products is valid only if the conditions related to the operation of the Products are not violated. Before using the Products, the Buyer must carefully read the instructions for use of the Products, if any, attached to the Products.
14.2. Defective Products shall be replaced and returned in accordance with the procedure referred to in these Terms & conditions and taking into account the applicable legal acts of the Netherlands.
14.3. The Buyer may inform about the defective goods or incomplete goods by e-mail info@flamingobeauty.nl. The order number must be indicated together with a description of the defects, signs of failure or missing parts of the Products. Photos of the above-mentioned factors must be attached as well. In addition, the Buyer must indicate how they would like the incident to be resolved: the Products can be replaced with similar Products of suitable quality or the Seller can refund the price paid for the Products.
14.4. The Seller undertakes to respond to such requests no later than within 14 (fourteen) calendar days.
15. Responsibilities of the Buyer
15.1. The Buyer is responsible for the storage of his login data and (or) the transfer of this data to third parties. If third parties use e-shop services while logged in using the Buyer’s login details, through the Buyer’s profile, the Seller considers such a person to be the Buyer and the Buyer is responsible for all actions of such third party. If the Buyer suspects that his login details may have been discovered by an unwanted person or stolen, the Buyer must notify the Seller as soon as possible.
15.2. Acording to the provisions of Paragraph 3 of Article 8 of the Law on Electronic Signature of the Netherlands, the Buyer and the Seller agree that the confirmation of the Buyer’s actions in the store by logging in to their personal account has the legal force of an electronic signature established in Paragraph 1 of Article 8 of the Law on Electronic Signature of the Netherlands.
15.3. If the Contract concluded using the e-shop is violated, the parties will be liable for the violation in accordance with the procedure established by the legal acts of the Netherlands.
16. Events beyond the control of the Seller
16.1. The Seller shall not be liable for not performing the Contract or any obligations related to the Contract, or performing the Contract or any obligations related to the Contract late if such non-performance or delay is due to events beyond the Seller’s control – actions or events beyond the Seller’s reasonable control.
16.2. If an event which is beyond the control of the Seller occurs and it interferes with the performance of the Seller’s obligations under the Contract, the Seller shall inform the Buyer as soon as possible. The performance of the Seller’s obligations related to the Contract will be suspended and the term of performance of the obligations will be extended until the end of events beyond the control of the Seller. If events beyond the control of the Seller affect the delivery of the Products to the Buyer, the Seller shall notify the Buyer of any changes in the delivery date.
17. Delivery of the information
17.1. All written communication between the Buyer and the Seller is happening through e-mail.
