These General Terms and Conditions apply to all (advertising) communications, services, products and materials of Knap Institute (KNAP) and all affiliated (whether or not exempted) medical professionals and cosmetic consultants. When specific agreements are concluded, such as treatment agreements with clients, these Terms and Conditions are deemed to be part of this.(Knap) has its registered office in (1077 DA) Amsterdam on Parnassusweg 9, and is registered in the trade register of the Chamber of Commerce under number 63453428.
Article 1 – Definitions General Terms and Conditions (GTC)
In these GTC is meant by;
1. Beauticians (KNAP) in Amsterdam who work as beauticians and conclude the treatment agreement with the client.
2. Client(commander): the person who enters into a treatment agreement with the beautician for himself or for a specific third party.
3. Services: all services to be provided by beauticians, including but not limited to treatments, treatment methods, courses, information, presentations, sales and promotion of products and advice.
4. Products: by (KNAP) used and delivered products.
5. Client: the person or individual to be diagnosed or treated, for whom a treatment is performed on the basis of an assignment from a client. This may but does not always have to be the same person as the client(commander).
6. Treatment Agreement: These General Terms and Conditions apply to the the establishment and implementation of all agreements in the external care sector between the entrepreneur and the consumer.
7. Disputes committees: www.anbos.nl
Article 2 – General
1. These General Terms and Conditions apply to the the establishment and implementation of all agreements in the external care sector between the beautician and the consumer.
2. For the execution of the service, the beautician may involve third parties, which she can select and contract, if this is required for the proper execution of the agreement. No prior permission from the client is required for this.
3. The present conditions also apply to all agreements with the client, for the implementation of which third parties must be involved by beauticians.
4. These terms and conditions apply to every quotation and agreement between beautician and client. This can only be deviated from after written agreement.
5. Deviations from these GTC are only valid if they have been laid down in writing in an agreement between the care provider and the client.
6. The beautician shall ensure the recording of the deviations and provide the client(commander) or the client with a copy thereof.
7. The client waives the applicability of his or her General Terms and Conditions insofar as applicable.
8. The applicability of any purchase or other conditions of the client is explicitly rejected.
9. If one or more provisions in these conditions are null and void or may be destroyed, then the other provisions of these conditions remain fully applicable. The beautician and the client will then consult with each other in order to agree on new provisions to replace the void or nullified provisions, while respecting the purpose and intent of the original provision.
10. If there is a lack of clarity about the interpretation of one or more provisions of these conditions, then the explanation must take place according to the spirit of these provisions.
11. If a situation arises between the parties that is not regulated in these conditions, then this situation must be assessed in the spirit of these conditions.
12. KNAP takes measures that are reasonably possible to prevent damage to or loss of the patient’s property.
13. The client must take the necessary care himself to prevent damage or loss of his property.
14. KNAP accepts no liability for damage to or loss of the property of clients(commander) or clients. This also applies to abandoned property.
Article 3 – Proir consent
1. The client’s consent is required for the performance of a treatment agreement.
2. If the client so requests, the care provider shall record in writing which operations he has obtained permission for and provide the patient with a copy thereof.
3. If the client is younger than 12 years, his permission is not required, but the consent of the parents exercising authority over him or his guardian.
4. If the client is 12 years of age or older but younger than 16, the permission of the parents who exercise authority over him or his guardian is required in addition to the client’s consent. The transaction can only be carried out without this permission if it is manifestly necessary to prevent serious harm to the client or if the client continues to wish the transaction carefully after the refusal of consent.
Article 4 – The treatment agreement
1. The treatment agreement is concluded when the client gives the beautician the order to carry out cosmetic treatments.
2. Before entering into the treatment agreement, the client must have reached the age of 18, regardless of the age of the client.
3. The client is liable for the obligations arising from the treatment agreement entered into by him/her.
4. Before the conclusion of the treatment agreement, the client(commander) and / or the client are informed verbally and if required in writing by the care provider about:
a. the intake procedure;
b. the (intended) results and (possible) consequences of the treatment;
c. alternatives to treatment;
d. the price of the treatment, the possibilities with regard to insurance and time (s) and method of payment;
e. the time (s) and the place of treatment;
f. the reflection period, in order to come to a well-considered decision;
g. the actions to be taken after the conclusion of the treatment agreement;
h. if applicable: which care provider will actually handle the treatment perform or are involved in the execution of the treatment agreement;
i. to follow the information / instructions for the client prior to the treatment;
j. the instructions for guidance, reception, transport and accessibility *;
k. the instructions for the client before and after the treatment, including the symptoms where the client must contact and information about the person with whom the client must contact *;
l. the accessibility of the organization if complications occur outside working hours;
m. these GTC, which are handed over to the client immediately during the intake procedure or in any case before the start of the first treatment. At the client’s request, the GTC can also be handed over to him or her at any other time prior to the first treatment.
n. By commencing the treatment, the client declares to have read these GTC and to agree with everything that is stipulated therein.
5. At the intake the client is obliged to give the name and the contact details of a contact person.
Artikel 5 – Offers
1. All our offers and quotations (including attachments, documentation, images, etc.) are given orally or in writing and are without obligation, unless they contain a term for acceptance in which latter case the offer has expired after the expiration of this period. Offers can not be combined with loyalty program or other discount programs or promotions.
Artikel 6 – Execution of the agreement
1. Beautician will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of a good contractor.
2. The Client shall ensure that all data, which beautician indicates are necessary or of which the Client should reasonably understand that these are necessary for the execution of the agreement, be provided to the beautician in a timely manner. If data required for the execution of the agreement are not provided on time, the beautician is entitled to suspend the execution of the agreement and / or charge the extra costs resulting from the delay to the Client according to the usual rates.
3. The validity of the validity document is also shown in the two details mentioned. Every client must always be able to legitimize himself with a legally recognized proof of identity. If a client can not show such proof of identity on request, then it is perfectly entitled to suspend the treatment agreement.
4. Beautician is not liable for the damage, in whatever form, arising as a result of inaccurate and / or incomplete data by the Client, unless this inaccuracy or incompleteness should have been known to the beautician.
5. If the agreement contains the obligation for the principal to provide certain information, whether printed, written or in any other way, the beautician will only accept this information for internal use. Be autician will treat such data as strictly confidential and never make it known in full or in part to anyone other than the person to whom the data relates, nor use it as evidence in any (legal) proceedings. The data may not be copied in part or reproduced in any other way whatsoever.
6. The Client who is not also a client is obliged to make the storage and use of the reports produced by the beautician to the satisfaction of the Client in such a way that they comply with the government regulations applicable at any time.
7. If due to circumstances that are not attributable to beauticians, a planned assignment resulting from the agreement can not be performed, the Client will still owe the associated costs to the entrepreneur.
8. If the Client provides beauticians with information carriers, electronic files or software etc., the Client guarantees that they are free of viruses and / or defects.
Article 7 – Compliance with the agreement, suspension and dissolution
1. The agreed services to be provided are deemed to have been suspended as soon as and for as long as the client is in default with the payment of any amount owed, with the continuous provision of up-to-date data, or as long as the beauty specialist is prevented by force majeure to fulfill its obligations, without the client being able to exercise any right to compensation of damage, costs and / or interest for that reason.
2. Exceeding the agreed period within which the beautician must have performed the agreed services, the Client shall never give right to compensation, dissolution of the agreement or non-fulfillment of the contract, if there is a case of force majeure and / or if explicitly agreed otherwise of any obligation.
3. Beautician is entitled to suspend the fulfillment of the obligations or to dissolve the agreement without notice of default if:
a. The client does not or not fully comply with the obligations from the agreement.
b. After concluding the agreement the beautician will take note of circumstances that give good grounds to fear that the client will not or will not fully fulfill the obligations. In case there is good reason to fear that the client will not or only partly fulfill the obligations, the suspension is only permitted insofar as the shortcoming justifies it.
c. Client at the conclusion of the agreement is requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or insufficiently fulfills.
4. Furthermore, the entrepreneur is authorized to terminate the contract (or have it dissolved) if circumstances arise which are of such a nature that compliance with the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required, or if circumstances arise which the nature that unaltered maintenance of the agreement can not be expected in reasonableness and fairness.
5. If the agreement is dissolved, the claims of the entrepreneur on the client are immediately due and payable. If KNAP suspends the fulfillment of the obligations, it will retain its rights under the law and agreement. 6. KNAP always reserves the right to claim compensation.
Article 8 – Intellectual Property Rights
1. None of the utterances, services, products and / or materials of KNAP may be copied or otherwise multiplied, digitally or analogously, without prior written consent.
2. Permission is granted only by KNAP and therefore can be requested via email@example.com.
Article 9 – Honorarium, rates and rate adjustments
1. The rates for the services provided by beauticians are made known to the client via the website or with an oral or written order confirmation.
2. All rates include taxes imposed by the government, excluding additional costs, unless explicitly agreed otherwise.
3. If after the conclusion of the agreement one or more cost price factors undergo an increase – even if this occurs due to foreseeable circumstances – the care taker reserves the right to increase the agreed price accordingly, stating the basis and calculation method.
4. The beautician may increase the fee if it appears during the performance of the work that the originally agreed or expected amount of work was insufficiently assessed at the conclusion of the agreement and that the beautician is not attributable to this, in reasonableness not a beautician may be expected to perform the agreed work at the originally agreed fee.
5. Beautician confirms the rate change or increase referred to in paragraphs 3 and 4 of this article immediately by means of a written notice to the client, stating the scope and the date on which the change or increase will take effect.
Article 10 – Payment
1. The payment for the services and / or products delivered is paid as follows: In all treatments the invoice must be paid immediately after the treatment. The beautician and client are free to agree on another method of payment. Objections against the amount of the invoice do not suspend the payment obligation.
2. Payment of other invoices to beauticians must be made within 14 days of the invoice date in the manner indicated by beautician. By the mere fact that on the due date of the invoice the beautician has not obtained the full amount of the invoice, he is in default without any prior summons or notice of default being required.
3. If the client is eligible for a contribution from a health insurer, he / she must declare the costs incurred afterwards.
4. In the event of late payment, all payment obligations of the client will become immediately due and payable. In case of liquidation, bankruptcy, legal debt repayment, attachment or suspension of payment of the client, the claims of the beautician are immediately due and payable.
5. The client is – without further notice or notice of default – due interest from the due date of the invoice on what KNAP has to claim from him legally. This interest is charged monthly on this amount, to be calculated on the basis of 1/12 of the euribor + 1% whereby part of the month is held for a full month.
6. If the client does not fulfill his obligations within the agreed term, he will be in default without any prior summons or notice of default being required. The Client can not rely on set-off. For every day, month or part of a month in which the client is in default with the payment of the invoice, the invoice amount is automatically increased by the contractual interest of 1% per month (12% per year), unless the statutory interest is higher is in which case the statutory interest applies. The interest on the due and payable amount will be calculated from the moment the client is in default until the moment that the full amount has been paid.
7. All judicial and extrajudicial costs incurred by a beautician in the context of the collection of a claim against the client, arising from non-fulfillment of the obligations of the client, are at the expense of the client. The extrajudicial costs amount to at least 15% of the amount due, with a minimum of € 225. The beautician is free to claim the actual extrajudicial costs. The client is not allowed to suspend the payment.
8. If the client is in default with the payment of the invoice, the beautician has the right, without prejudice to what has been stipulated in the previous paragraphs, to cease further execution of the work or to suspend it. The beautician also has the right to terminate the contract with the aforementioned omission without legal intervention and to demand full (damage) compensation for the damage caused by the client by the client, caused by beautician. This also includes the expenses still to be incurred, services, lost and still to be lost under the agreement.
9. If the client has objections to (any part of) the invoice, then he is obliged to disclose this in writing and specified to the beautician within 5 working days after the invoice date, in the absence of which the right of objection will be canceled. An objection indicated to beautician does not entitle the holder to suspend the payment obligation. In the event that the objection has proved to be well-founded, the care provider will immediately make a credit assessment.
10. The client remains at all times (jointly and severally) liable for the fulfillment of all (payment) obligations arising from this agreement.
11. Payments by or on behalf of the client successively serve to settle the extrajudicial collection costs owed by him, the legal costs, the interest owed by him and then in order of age the outstanding principal sums, irrespective of contrary instruction of the client.
12. The costs of third parties can be charged on receipt of invoices immediately if it has not been explicitly agreed that these are included in the agreed payment.
Article 11 – Cancellations
1. Agreements that are canceled by the client 24 hours or less before the relevant appointment, or that the client does not appear to be canceled, can be charged to the client. Except proof to the contrary, the administration of beautician will provide full proof that the agreement has been made.
2. In the event of termination, the beautician will make reasonable efforts to limit these costs as much as possible.
Article 14 – Liability
1. If beautician is liable, then this liability is in any case limited to a maximum of the amount that the liability insurer pays out in a particular case. If in any case the insurer fails to pay, or the damage is not covered by the insurance, the liability of KNAP is limited to the amount of the invoice. Rights to compensation for liability expire after 1 year after the damage-causing event occurred.
2. Beautician is only liable for physical and / or material damage, which has arisen directly in the execution of the agreed services and which damage is directly the result of a shortcoming in the fulfillment of the contract attributable to beautician.
3. Beautician is not liable for damage, of whatever nature, caused by beautician is based on incorrect and / or incomplete data provided by or on behalf of the Client.
4. Beautician is not liable for damage to third parties. When entering into an agreement with beautician, the client is always expected to indemnify beautician for this.
5. Beautician is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.
6. Beautician is in no way liable for any direct or indirect damage as a result of or in connection with (the use of) the information or services provided by KNAP, unless otherwise determined by law.
7. The client is liable for compensation of the damage suffered by the beautician as a result of a shortcoming by the client or the client in the fulfillment of their obligations under this agreement.
8. References to other websites, apps or companies are only for the information of the relevant reader. Any liability relating to websites, apps or companies that are not directly affiliated with KNAP will be rejected.
9. If for the purpose of the performance of the treatment contract operations are performed in a clinic that is not a party to this agreement, this clinic is also liable for a shortcoming as if it itself is a party to the treatment agreement.
10. The client is liable for compensation of the damage suffered by the care provider as a result of a shortcoming by the client or the client in the fulfillment of their obligations under this agreement.
11. If the client proves and if necessary proves that the shortcoming can not be attributed to him or the client, he is not liable for the damage referred to in the previous paragraph except insofar as there is an advantage as referred to in Article 6:78 of the Dutch Civil Code.
Article 15 – Effort obligation
KNAP, with regard to the clients it treats, has an obligation of effort and no obligation to achieve results. In proper consultation with the client and / or client, it will make every effort to achieve the desired result insofar as this is medically feasible and justified. KNAP does not accept any liability in the event that, in spite of most care, the result turns out not to be feasible. This is in accordance with applicable case law and regulations.
Article 16 – Force majeure
1. Beautician is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to his fault, and neither under the law, a legal act or generally accepted for his account.
2. In case of force majeure, beautician is not liable for any resulting damage.
3. Force majeure means among other things: all external causes, foreseen or not provided, which beautician can not exert influence on, but which beautician is unable to fulfill his obligations. In any case (but not exclusively) there are fire, flood, war, natural disasters and other exceptional weather conditions, strike government measures and not delivery by suppliers.
4. During the period that the force majeure continues, the parties can suspend the obligations from the agreement. If this period lasts longer than two weeks, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.
5. Insofar as beautician at the time of the occurrence of the force majeure has partially fulfilled or will be able to fulfill his obligations under the agreement, and the part to be fulfilled or to be fulfilled belongs independently, beauty specialist is entitled to comply with or to comply with. declare separately. The client is obliged to pay this invoice as if it were a separate agreement.
Article 17 – Retention of title
KNAP reserves the ownership of the delivered goods until the full purchase price has been paid.
Article 18 – Indemnity
1. The client indemnifies the beautician for any claims by third parties that suffer damage in connection with the performance of the agreement and the cause of which is different from that attributable to the beautician. If beautician should be called to account by third parties for this reason, the client is obliged to assist beautician both outside and in law and to immediately do everything that may be expected of him in that case. Should the client fail to take adequate measures, then the beautician, without notice of default, is entitled to proceed to this himself. All costs and damage on the part of beauticians and third parties thereby arise, are fully at the expense and risk of the client.
Article 19 – Complaints procedure
1. The beautician has a complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the treatment agreement must be submitted to the care provider in a timely, complete and clear manner after the client and / or client have identified the defects.
3. Complaints submitted to the beautician will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the beautician will respond by return with a notice of receipt and an indication of the period within which a more detailed answer can be expected.
4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. Disputes between the client and / or the client on the one hand and the beautician on the other hand about the realization or the execution of the treatment agreement can be initiated by the client and / or the patient as well as by the beautician in writing or electronically at the Disputes Committee (www.degeschillencommissie.nl).
2. The client and care provider agree to make an effort first to resolve the dispute together before submitting it to the disputes committees.
3. A dispute must be brought before the Disputes Committee within three months after it arises.
4. Disputes can only be submitted for settlement to the aforementioned Disputes Committees or to the court.
5. With due observance of article 108 of the Code of Civil Procedure, the (cantonal) judge in the District Court of Amsterdam shall have exclusive jurisdiction in respect of all possible disputes.
7. Dutch law applies to all legal relationships between beautician and client.
Article 20 – Modification and location of the General Terms and Conditions
1. These General Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam and can be requested by KNAP in writing or electronic form at any time. KNAP is at all times free to change this GTC. With an amendment all previous versions lapse: the applicable version always applies at the time of the conclusion of the agreement.