General terms and conditions
ARTICLE 1 - Definitions
The Skin Professional: General Dutch Trade Organisation for Beauty Care in Heerhugowaard ;
Industry codes: The codes of the beauty care company, hairdressing company or foot care company, respectively the 'Beautician's Code', 'Hairdresser's Code' and 'Foot care company Code';
User: Esthetisch Centrum Tilburg / Cosmeticabestellen.nl located at Bosscheweg 33, 5015 AA in Tilburg; Disputes Committee: The Personal Care Disputes Committee, Bordewijklaan 46, P.O. Box 90600, 2509 LP The Hague;
HBA: Main Trade Association for Crafts in Zoetermeer;
Agreement: the agreement between the User and the Counterparty;
Website: www.esthetischcentrumtilburg.nl ; www.cosmeticabestellen.nl
Counterparty: the natural person who, other than in the exercise of his profession or business, uses the services of User.
ARTICLE 2 - Applicability
1. These general terms and conditions apply to all offers, quotations and any Agreement concluded between the User and the Other Party.
2. If any provision of these terms and conditions is or becomes void or unenforceable, the remaining provisions will remain in full force. In that case, the parties will consult with each other to agree on new provisions to replace the void or unenforceable provisions, which—given their purpose and scope—deviate as little as possible from the void or unenforceable provisions.
3. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation of the general terms and conditions must be in accordance with applicable legislation and case law.
4. These general terms and conditions cannot be deviated from unless this is stated in the Agreement.
ARTICLE 3 - Conclusion of the agreement
The Agreement is concluded after the Counterparty requests treatment and agrees to the amount charged by the User for the treatment, and the User agrees to perform the treatment. In the case of an order placed through the Website, the Agreement is concluded upon the User's acceptance of the Counterparty's order.
ARTICLE 4 - User Obligations
1. The User guarantees that the work performed by him complies with the Agreement and is carried out with good and careful workmanship and using proper materials and resources.
2. The User shall inform the Counterparty about the nature and scope of the treatment, the reasonably expected results, and the potential risks associated with the treatment. The User shall ask the Counterparty for information relevant to the proper execution of the treatment.
3. The User is expected to work in accordance with the applicable laws and regulations and state of the art, as reflected, among other things, in the applicable industry codes issued by the HBA.
4. The User will not perform any action that falls outside his professional competence.
ARTICLE 5 - Obligations of the Counterparty
1. The Counterparty must inform the User of any specific wishes before entering into the Agreement.
2. The Counterparty is obliged to provide all information requested and necessary by the User that the User requires for the proper performance of the agreement.
ARTICLE 6 – Permanent make-up
In addition to the information obligation referred to in Article 5 of these terms and conditions, the Counterparty must provide the User with a health declaration from the Municipal Health Service (GGD). If the Counterparty is unable to provide this health declaration, the Agreement will be terminated.
ARTICLE 7 – Delivery of products when purchased through the Website
1. The User will deliver the products within seven days of receipt of the amount owed by the Counterparty to the User for an order. This term is never a strict deadline. In the event of late delivery, the Counterparty must first notify the User of the default.
2. The User is authorized to make partial deliveries. If the User delivers in parts, the User is authorized to invoice for the partial deliveries.
3. The Counterparty has a fourteen-business day cooling-off period during which the products can be returned to the User without stating a reason. This cooling-off period applies only to products whose packaging has not yet been opened, used, or damaged.
4. The product can be returned to Cosmeticabestellen.nl, Bosscheweg 33, 5015 AA, Tilburg, along with a copy of the invoice. The return shipment must be sufficiently stamped.
5. If the return shipment meets the conditions set by the User as described in this article, the User will pay the paid amount to the Counterparty.
ARTICLE 8 – Price and payment
1. Payments to the User must be made in cash using a generally accepted means of payment in the Netherlands. Cash payment also includes crediting the amount due to a bank or giro account specified by the User at the time of purchase or delivery, or payment using electronic payment methods recognized by banks.
2. If you place an order via the Website, payment must be made via iDeal or bank transfer.
3. The price for a series of permanent makeup treatments is based on two or three treatments. If the other party requires more treatments, these will be charged per session.
4. If the Counterparty has not canceled a treatment appointment with the User at least 24 hours before the appointment, the Counterparty owes the User 50% of the price for the treatment in question. If the Counterparty who has an Agreement for a series of treatments has not canceled at least 24 hours before the appointment, that treatment of the series of treatments in question will be forfeited.
5. For a series of treatments, the agreed price will not be increased during the course of a series of treatments.
6. If the Counterparty has an annual pass, this must be paid in full in advance.
The annual pass is valid for twelve months after receipt by the Counterparty.
ARTICLE 9 – Liability
1. The User accepts no liability towards the Counterparty for any damage other than insofar as its liability insurance covers the damage and the insurer makes a payment in that case.
2. The User is not liable for consequential damages.
3. Except in the cases referred to in paragraph 1, liability is always limited to the amount that
the damage-causing performance has been charged.
4. The User will never be liable for damage resulting from the supply of
incorrect or incomplete information by the Counterparty, such as, but not limited to, the
health declaration from the Municipal Health Service (GGD).
5. The User cannot be held liable if the Counterparty has the possibility
has to recover the damage directly from a third party or from its insurance company.
ARTICLE 10 – Complaints
1. If the Counterparty discovers a deficiency in the Order performed by the User, the Counterparty must immediately notify the User of this in writing.
2. If the Counterparty discovers a defect in the items delivered by the User, the Counterparty must notify the User of this in writing within fourteen days of receipt of the delivery and then return the item to the User.
3. The complaint and the product can be returned to: Esthetisch Centrum Tilburg, Bosscheweg 33, 5015 AA, Tilburg. The other party must include a copy of the invoice and provide sufficient postage for the return shipment.
4. If the Counterparty does not report a shortcoming in the Order or the defect in delivered goods to the User in a timely manner, the User will not process the complaint.
5. The User will investigate the complaint. The User will endeavor to remedy the deficiencies within a reasonable period of time, if possible, unless this cannot reasonably be expected of them.
6. If it is established that a complaint is unfounded, any costs incurred as a result will be borne by the Counterparty.
7. If the Counterparty files a complaint in a timely manner, this does not suspend its payment obligation. In that case, the Counterparty also remains obligated to accept and pay for any other orders it has placed.
ARTICLE 11 - Dispute resolution
1. Disputes between Counterparty and User regarding the establishment or implementation
of the Agreements, can be brought before the Disputes Committee (www.degeschillencommissie.nl) by both the Counterparty and the User.
2. A dispute will only be considered by the Disputes Committee if the Counterparty has first submitted its complaint to the User.
3. After the complaint has been submitted to the User, the dispute must be submitted to the Disputes Committee no later than three months after its occurrence.
4. If the Counterparty submits a dispute to the Disputes Committee, the User is bound by this choice. If the User wishes to submit a dispute to the Disputes Committee, they must ask the Counterparty to state within five weeks whether they agree to this. The User must also state that they will consider themselves free to submit the dispute to the court after the aforementioned period has expired.
5. The Disputes Committee will render its decision in accordance with the provisions of its applicable regulations. Decisions by the Disputes Committee are made pursuant to those regulations by way of binding advice. The regulations will be provided upon request. A fee is payable for handling a dispute.
6. Only the competent judge of the court in Breda or the above-mentioned Disputes Committee is authorized to hear disputes.
ARTICLE 12 - Amendments
1. The User has the right to change these general terms and conditions at any time.
2. If the change has consequences for current Agreements, the User will inform the Other Party
notify the Company in writing no later than one month before the effective date of the change
Counterparty.
3. If the Counterparty does not agree with the change proposed by the User, the
The Counterparty has the right to terminate the Agreement effective as of the effective date of the amendment. This termination must be in writing.