**Terms and Conditions Cosmetic Boutique Hoofddorp**

**Article 1. Definitions**

Contractor: Cosmetic Boutique Hoofddorp, based in Hoofddorp, registered with the Chamber of Commerce under number 76819469.
Client: The natural or legal person for whom services are provided, work is performed, or goods are delivered.
Agreement: The agreement concluded between the Contractor and the Client for the provision of services, performance of work, and/or delivery of goods.

When we refer to “you” and “your,” we mean the client, whether a natural person or a legal entity, acting in or outside the course of a business, with whom Cosmetic Boutique Hoofddorp has entered or intends to enter into a (treatment) agreement.

The terms “we” for the contractor and “you” for the client together refer to the contracting parties.

By “treatment agreement” we mean agreements for medical or cosmetic treatments, where the practitioner commits to performing acts within the medical field (Article 7:446 of the Dutch Civil Code).

The term “patient” refers to the individual directly affected by these acts.

“Written” refers to communication on paper or by email.

When we speak of “services” and/or “work,” this includes but is not limited to:

– Performing (cosmetic) treatments.
– Applying treatment methods.
– Selling (cosmetic) products.
– Providing advice.

**Article 2. Applicability**

These terms and conditions apply to all our offers and (treatment) agreements with you. They also remain applicable for additional work or follow-up agreements. Before entering into the agreement, we will provide you with these terms and conditions.

Deviations from these terms are only valid if expressly agreed upon in writing. Any deviations apply only to the specific agreement they pertain to and cannot be invoked for other (future) agreements.

We reserve the right to unilaterally modify or supplement these terms. Minor and/or insignificant changes can always be made, while significant and/or considerable changes that might adversely affect you will be discussed with you in advance.

Your (general) terms, if applicable, are expressly rejected. These terms also apply when third parties are involved in the execution of the agreement.

If one or more provisions of these terms are at any time partially or entirely nullified or voided, the remaining provisions will remain fully effective. The parties will then consult to agree on new provisions to replace the nullified or voided ones, adhering as closely as possible to the original purpose and intent of the provisions.

**Article 3. Our offer**

On our website, you will find an overview of all the treatments performed by Cosmetic Boutique Hoofddorp. We provide you with detailed information, including:

– Price inclusive of taxes.
– All necessary information about the treatment and associated methods.
– How the (treatment) agreement will be established and the required steps.
– Payment method, delivery, and execution of the (treatment) agreement.
– Applicability of the right of withdrawal.
– Archiving of the (treatment) agreement after it is established and its accessibility.
– Verification and correction of submitted data before entering into the agreement.

**Article 4. Procedure**

Prior approval and a treatment agreement are required for cosmetic treatments. Upon receiving your request for treatment, we will contact you to schedule a consultation and/or treatment appointment. A confirmation message will be sent via SMS and/or email. Beforehand, we ask you to complete a questionnaire where you provide all necessary (medical) information relevant to the treatment.

Along with the questionnaire, we send the treatment agreement, providing information on:

– Consultation and/or treatment appointment details.
– Procedures and treatment methods.
– Possible outcomes and risks of the treatment.
– Alternatives to the desired treatment.
– All necessary information and instructions before, during, and after the treatment.

The treatment will only begin after receiving your explicit written consent.

Cosmetic procedures will not be performed on minors.

**Article 5. Allergy**

Despite careful product development, allergic reactions may occur in rare cases. Since each individual is unique, predicting an allergic reaction is challenging.

Cosmetic Boutique Hoofddorp cannot predict whether an allergic reaction will occur and is not responsible in such cases. If you experience an allergic reaction, you can always contact us for assistance.

**Article 6. Agreement**

An agreement is established only after:

– You have accepted and confirmed in writing the treatment agreement and these general terms and conditions, and
– You have fulfilled any specified conditions.

Unless otherwise agreed, the agreement ends:

– Automatically after both parties have fulfilled their obligations, including the payment of the invoice, or
– Early, if the attending practitioner believes there are valid reasons for early termination.

Unless expressly agreed otherwise, an agreement is entered into for an indefinite period. All agreements are subject to the suspensive condition(s) of (sufficient) availability of:

– Practitioner(s) for the desired treatment, and
– The desired products.

**Article 7. Execution of the agreement, delivery, and effort obligation**

We perform the agreement in a professional manner and reserve the right to carry out the assignment at our discretion. The treatment will be performed in consultation with you and requires your consent.

We may engage third-party services without your prior consent.

The agreement is executed for your benefit only. Third parties cannot derive any rights from the work performed or products delivered under the agreement.

You are responsible for providing us with all relevant data and information necessary for the agreement’s execution. In the absence of this information, we have the right to suspend the agreement’s execution. Should this result in additional costs, you are responsible for covering these.

At our request, you must present a valid legal ID.

We reserve the right to refuse a treatment, following applicable laws. Our commitment is one of effort and delivery, not a guarantee of specific outcomes. If a treatment or product does not meet your expectations, you are not entitled to compensation. Expectations are subjective, and tastes differ. You cannot derive rights from our planning.

**Article 8. Modifying the assignment**

If you wish to modify or supplement the agreement, you must notify us as soon as possible, preferably in writing. Any changes or additions are treated as additional assignments, and we will inform you of any related costs before proceeding. It is at our discretion to determine whether we can accommodate the changes.

If circumstances arise during the agreement’s execution that necessitate modifications or additions, we will inform you promptly and consult with you. Any resulting financial implications will also be discussed.

**Article 9. Prices and payment**

Unless stated otherwise, all prices are:

– Inclusive of VAT, and
– Exclusive of any additional costs incurred in carrying out the assignment.

We reserve the right to adjust prices for treatments and products. Invoices are usually sent digitally. If an advance payment is required, the agreement will not commence until the payment is received. Any advances will be deducted from the total invoice. The remaining balance must be paid at the clinic on the day of the treatment.

If we agree that you may pay later, we apply a payment term of 14 days from the invoice date unless otherwise agreed. The full amount, including VAT, must be transferred to our bank account within the payment term.

For agreements spanning more than 30 days or executed in phases, interim billing may occur, with a 14-day payment term.

If payment is not made within 14 days, we will remind you and provide an additional 14-day grace period. Failure to pay after this will incur statutory interest on the outstanding amount. Any incurred collection costs will also be charged to you.

Until full payment is received, we retain ownership of all delivered and to-be-delivered products. Any damage or loss is your responsibility and expense.

**Article 10. Intellectual property rights**

All intellectual property rights resulting from the agreement belong to us. This includes unexecuted concepts and proposals. Without our express written consent, you may not copy or exploit our services, products, or materials.

Unless unsuitable for the work, we have the right to display our (business) name on or alongside the work.

**Article 11. Suspension, termination, and cancellation**

Our booking terms apply.

We may suspend or terminate the agreement immediately if:

– You fail to fulfill your obligations.
– Post-agreement circumstances raise reasonable concerns about your compliance.
– Delays on your part render fulfillment unreasonable.
– Circumstances arise that make fulfillment impossible.

If suspension or termination is attributable to you, we reserve the right to claim damages.

In case of liquidation, suspension of payment, bankruptcy, seizure, or debt restructuring on your part, we may terminate the agreement without compensation. Any outstanding claims become immediately due.

Cancellations should be sent to info@cosmeticboutique.nl. A cancellation fee of 50 euros applies.

For cancellations within 48 hours of the appointment, a minimum of 50 euros is charged. For cancellations within 24 hours, no-shows, or late arrivals, the full appointment fee may be charged due to the reserved time. It is your responsibility to arrive on time; if you are late, we cannot guarantee the appointment will proceed. A 50 euro fee applies in such cases.

**Article 12. Liability**

Our liability is limited as described here.

We are liable only for intentional or gross negligence and attributable failures after written notice of default, a reasonable remedial period, and continued failure thereafter.

We are not liable for:

– Errors due to your provided data.
– Misunderstandings or errors from your actions or inactions.
– Errors by third parties engaged by you.
– Damage from treatments done elsewhere.
– Disappointing results or unmet expectations.
– Failure to follow our instructions or misuse of products.
– Costs from delayed appointments.

Our liability is capped at the amount covered by our liability insurer or, if not covered, the agreement’s price. We are liable only for direct damages and exclude liability for indirect damages, lost profits, or missed savings. Liability expires one year after the agreement’s completion.

You indemnify us against third-party claims, including reasonable legal costs, unless attributable to our intent or gross negligence.

**Article 13. Force majeure**

In cases of force majeure, we may suspend the agreement’s execution. We will inform you promptly. No compensation is payable for force majeure.

**Article 14. Confidentiality and records**

Both parties will keep all confidential information private unless required by law or court order or with prior consent.

Confidentiality obligations continue after the agreement’s termination.

Treatment records are stored securely. You may request record destruction unless opposed by law. Absent a request, we retain medical records for at least 20 years or as long as reasonably necessary.

**Article 15. Complaints**

File complaints about the agreement’s execution in writing within a reasonable time. Complaints will be addressed within 14 days.

Allow us four weeks to resolve the complaint. After that, it becomes a dispute.

We are affiliated with the DOKh Foundation. More information about their complaint and dispute procedures is available here: [https://dokh.nl/eerste-hulp-bij/klachten-en-geschillenregeling/patient/een-klacht-over-uw-arts](https://dokh.nl/eerste-hulp-bij/klachten-en-geschillenregeling/patient/een-klacht-over-uw-arts).

**Article 16. Privacy policy and website security**

We respect your privacy and handle data carefully. Please refer to our website’s privacy statement for more details.

Your data is stored and used for the agreement’s purposes.

Website security measures and timely updates are in place.

**Article 17. Jurisdiction**

All agreements between you (Client) and us (Contractor) are governed by Dutch law.

The Vienna Sales Convention is excluded.

Disputes are submitted to the competent court in the Contractor’s district, unless otherwise agreed.

**Article 18. Amendments**

We reserve the right to amend these terms. You will be informed of changes. Objections must be made within 14 days. If no agreement is reached, and you object within 14 days, the agreement ends on the change’s effective date.

**Article 19. Final provision**

Deviations from these terms require written agreement. Other provisions remain unaffected. If any provision is nullified, the remaining provisions stay effective, and a new provision is established considering the original intent.

Version 1, February 2024