General terms and conditions

Article 1 Definitions

A number of terms occur frequently in these general terms and conditions. Below we briefly explain these terms.

The terms we, us and our mean all persons working at Beauty Centre Maastricht, situated at Sint Annalaan 21, 6214 AA Maastricht, with Chamber of Commerce number 81039956. We are the user of these general terms and conditions. Every person working at Beauty Centre Maastricht can also be referred to as a care provider; the legal or natural person who, in the practice of his/her profession, enters into a (treatment) agreement with you.

With you and you(r) we mean the other party, the legal entity or natural person, whether or not acting in a profession or business, to whom Beauty Centre Maastricht makes an offer and/or with whom Beauty Centre Maastricht has concluded or wishes to conclude a (treatment) agreement.

The user (we) and the other party (you) together are called parties.

With treatment agreement we mean the agreement for a medical or cosmetic treatment, whereby the care provider commits himself towards another person to perform actions in the field of medicine (Art. 7:446 BW). The person to whose person the acts are directly related is also referred to as the patient.

By a day, we mean a calendar day and not a working day.

Written means for us on paper or by email.

When we speak of a service and/or work, we mean, among other things, but not limited to:

  • Performing (cosmetic) treatments;
  • The application of treatment methods;
  • The sale of (cosmetic) products;
  • Providing advice;
  • Providing information.

Article 2 Applicability

These general terms and conditions apply to all our offers, as well as to all (treatment) agreements that we conclude with you. These general terms and conditions also apply to any additional work or a follow-up agreement. Before the (distance) agreement is concluded, we will provide you with these terms and conditions.

Deviations from these terms and conditions are only possible if the parties explicitly agree to do so in writing. If the parties agree, the deviation will only apply to the agreement for which the deviation has been agreed. You cannot rely on this deviation in other (future) agreements with us.

We may unilaterally amend or supplement these general terms and conditions. We may always make changes and/or additions of a minor nature and/or of minor importance. Amendments and/or supplements of a major nature and/or demonstrably to your disadvantage will be discussed with you beforehand.

Your (general) terms and conditions, insofar as they are applicable, are explicitly rejected.

Our general terms and conditions also apply if the services of third parties are used in the execution of the agreement.

If one or more provisions of these general terms and conditions should at any time be wholly or partially invalid or be annulled, the remaining provisions will continue to apply in full. The parties will consult with each other to agree on new provisions to replace the null and void provisions. The purpose and tenor of the original provisions will be respected as much as

possible.

Article 3 Our offer  

On our site you will find all treatments carried out by Beauty Centre Maastricht. We provide you with all the necessary (detailed) information, so you know exactly what you are choosing and what you are paying for. More specifically, this includes:

  • The price including taxes;
  • All necessary information with regard to the treatment and the associated treatment methods;
  • The way in which the (treatment) agreement will be established and which actions are required for this;
  • The method of payment, delivery and implementation of the (treatment) agreement;
  • Whether or not the right of withdrawal is applicable;
  • Whether or not the (treatment) agreement will be archived after its conclusion and, if so, in what way it can be consulted by you;
  • The way in which you, before concluding the agreement, can check the information provided by you and, if desired, correct it.

Article 4 Procedure, prior consent and treatment agreement for cosmetic treatments

After we have received your request (by telephone or email) for one of our treatments, we will contact you to make a consultation and/or treatment appointment. You will receive a confirmation message via SMS and/or email. We also ask you to complete a questionnaire in advance so that you can provide us with all the necessary (medical) information, which may be important in carrying out a treatment.

Together with the questionnaire we will send you the treatment agreement. Before concluding and by means of the treatment agreement, we will inform you about, among other things:

  • The consultation appointment and the treatment appointment;
  • The treatment and the related activities and methods;
  • The possible results as well as the possible consequences (risks) of a treatment;
  • Whether there are alternatives to the desired treatment;
  • The expected number of treatments and the corresponding price;
  • Whether there is a possible intervention by the health insurance company;
  • All necessary information or instructions for you that may be of importance before, during and after the treatment.

We will only start the treatment after we have received your explicit and written consent.

We do not perform cosmetic surgery on minors.

Article 5 Agreement

An agreement is only established after you have accepted and confirmed the treatment agreement and these general conditions to us in writing and you have complied with the conditions (if any) set.

Unless the parties agree otherwise, the agreement will end:

  • By operation of law, after the parties have fulfilled the (mutual) obligations from the agreement, with the invoice being paid by you;
  • Prematurely, when the care provider involved is of the opinion that there are valid reasons to end the agreement prematurely.

Unless explicitly agreed otherwise in writing, an agreement is entered into for an indefinite period of time.

Article 6 Execution of the agreement, delivery and obligation and duty of care  

We execute the agreement in accordance with the requirements of good craftsmanship, retaining the freedom to interpret the assignment as we see fit.

We execute the agreement on your behalf. Third parties cannot derive any rights from (the contents of) the work performed and/or products supplied by us, under any name or title whatsoever.

It is your responsibility to provide us with all relevant data and information which we indicate we need for the execution of the (treatment) agreement or which you should reasonably understand we need for the execution of the (treatment) agreement. In the meantime, we have the right to suspend the implementation of the agreement. If any costs are incurred as a result, we have the right to charge you for these.

At our request, you will be required to identify yourself with a legally recognised form of identification.

We have the right to refuse to carry out treatment, subject to statutory regulations.

We have a duty of care. We can therefore never guarantee that our treatments will meet your expectations and/or will lead to a certain result. After all, expectations are personal and tastes may differ. You are therefore not entitled to compensation if our treatments do not meet your expectations or if the result is not the one you had hoped for.

No rights can be derived from our planning.

Article 7 Changing the assignment

If you wish to change and/or supplement the agreement, you must let us know as soon as possible (preferably in writing). Each change and/or addition is treated as an additional assignment. We will first let you know if and what costs we will charge for this. It is up to us to determine whether we can and will implement the change and/or addition. Changing and/or supplementing an agreement can have consequences for the possible execution period(s).

If, during the execution of the agreement, it appears that there are circumstances as a result of which the agreement must be changed or supplemented, we will inform you of this as soon as possible and we will consult with you. If a change or addition has financial consequences, we will also discuss this with you first.

Article 8 Prices and payment

We have the right to adjust our prices/rates of the treatments in the meantime.

The invoice for the consultation and/or treatment must be paid by you immediately after the treatment, preferably by PIN.

Article 9 Intellectual property rights and right of use

Intellectual property is a collective name for rights that rest on a work. They protect the one who created the work, against the use, copying or exploitation of that work by others, without the permission of the creator.

All intellectual property rights, which result from the agreement, belong to us. This also applies to concepts and/or proposals that have not been implemented. Without our explicit and written permission, you may not copy or exploit any of our expressions or services (treatments).

Unless the work is not suitable for it, we are entitled to mention our (company) name on or near the work or to remove it (or have it removed).

Article 10 Suspension, dissolution and cancellation of the agreement

We are entitled to suspend the agreement or to dissolve it with immediate effect if

  • you fail to fulfil your obligations under the agreement or fail to do so fully or in a timely manner;
  • after the conclusion of the agreement, we have learned of circumstances that give us good reason to fear that you will not fulfil your obligations;
  • because of a delay on your part, we can no longer be expected to fulfil the agreement at the originally agreed conditions;
  • if circumstances arise of such a nature that fulfilment of the agreement is impossible.

If the suspension or dissolution can be attributed to you, we are entitled to recover any damage we suffer as a result from you.

To cancel a (treatment) agreement, you can send us an email to info@beautycentremaastricht.nl after concluding the agreement.

For the cancellation of a consultation and/or treatment, less than 48 hours in advance, we charge a minimum cancellation fee of 75 euro. If you cancel less than 24 hours before the appointment or if you don't show up at all, we have the right to charge you the full amount for this appointment/treatment in addition to the cancellation fee. After all, we have reserved this time especially for you.

It is your own responsibility to be on time. If you are late for any reason, we can no longer guarantee that the appointment and/or treatment can actually take place.

Article 11 Liability

We are only liable if and insofar as stated in this article.

We are only liable for an attributable shortcoming in the fulfilment of the agreement if you give us immediate, proper and written notice of default, grant us a reasonable period of time to remedy the attributable shortcoming and we are still in attributable breach of contract after that reasonable period of time has lapsed.

We are not liable for:

  • your mistakes and/or shortcomings in the information, (address) data you have provided us with;
  • misunderstandings, errors or shortcomings regarding the execution of the agreement, if these have their origin or cause in your actions or inactions;
  • errors or shortcomings of third parties called in by you or on your behalf
  • damage caused by third parties;
  • damage caused by treatments that you have had carried out by another clinic;
  • disappointing results and/or expectations on your part (obligation of effort);
  • non-compliance with the instructions or regulations we have given you before, during or after the treatment;
  • (travel) costs incurred by you as a result of our consultation time running late;
  • damage to or loss of your personal property during your visit to our clinic.

With the exception of cases of intent or deliberate recklessness on our part, liability for damages shall be limited to the amount paid out by the liability insurer in a similar case. Should the insurer fail to pay out, liability for damages shall be limited to the agreed price under the contract.

We shall only be liable for direct damages attributable to us. Liability for indirect damages, including consequential damages, loss of profit and missed savings is excluded.

Any form of liability lapses six months after the (treatment) agreement was completed.

We cannot be held liable for damage for which you are insured.

You indemnify us from all claims from and by third parties, including the (reasonable) costs of legal assistance, which in any way result from the agreement between you and us, except for intent or gross negligence on our part.

Shortcomings in the fulfilment of the agreement cannot be attributed to us if they are not due to our fault, nor are they attributable to us by virtue of the law, the agreement or generally accepted practice (force majeure).

Article 12 Force majeure

In the event of force majeure on our part, we have the option of temporarily suspending performance of the agreement or, to the extent and within reason, suspending performance of the agreement. We will inform you of this in writing and in good time. In the event of force majeure, however, we will not owe you any (additional) (compensation) compensation.

Article 13 Secrecy and file

If, during the execution of the agreement, parties become aware of certain information of the other party, of which they (reasonably) know that it is confidential, they will not disclose this information to third parties in any way. An exception to this is when a statutory regulation or court ruling requires disclosure or when you have given us your explicit and prior consent to do so.

The obligation to confidentiality remains in force after termination of the agreement for as long as the party providing the information can claim the confidential nature of the information.

The obligation to confidentiality also applies to any third parties engaged by each party.

All data relating to your treatments are carefully stored by us in a personal file. Upon request, you can ask for your file to be destroyed. However, we will not destroy your file if the law opposes its destruction or if the preservation of the file is of considerable importance to someone other than the patient. If destruction is not requested, said medical data will always be kept for the minimum duration of 20 years or so much longer as reasonably follows from the care of a good care provider. We always count from the moment the data were created.

Article 14 Complaints

If you have a complaint about the execution of the agreement, we are naturally sorry to hear that. We have a complaints procedure for such cases.

It is your responsibility to report a complaint to us in writing within a reasonable period of time after you have discovered a defect. You must describe your complaint fully and clearly.

You will receive feedback from us within 14 days after we have received your complaint.

You must give us at least four weeks to resolve a complaint in mutual consultation with you.

Article 15 Privacy policy and website security

We find your privacy very important and will therefore handle your data with care. You can read how we do this in our privacy statement on our website.

Your details will be stored and used for the execution of the (treatment) agreement.

In order to guarantee the security of the website as much as possible, we will take the necessary measures and we will carry out the necessary updates in a timely manner.

Article 16 Rights

Agreements between you and us, to which these general conditions relate, are exclusively governed by Dutch law. The law determines which court is competent to take cognisance of a dispute.