Terms & Conditions

GENERAL TERMS AND CONDITIONS The Skin Garden

E-mail: beaufleurbleij@live.nl
Website: theskingarden.nl

Appointments

The Skin Garden must notify the client of the absence of an appointment as soon as possible, but no later than 24 hours prior to the appointment, by telephone or email. The client is at all times responsible for complying with the agreement made. If you do not cancel in time, we are forced to charge 50% of the full treatment costs.In case of a no show 100% of the costs will be charged. If the client comes into the practice more than ten minutes later than the agreed time, The Skin Garden may shorten the time lost on the treatment and still charge the full amount. If the client wishes to cancel the appointment, this must be done 24 hours in advance by e-mail or telephone to avoid a late fee up to 50% of the cancelled appointment, this can be sent to beaufleurbleij@live.nl or through text.

Definitions

The Skin Garden: The Skin Garden, established in Haarlem, Chamber of Commerce no. 90093887.
Customer: the party which The Skin Garden has entered into an agreement with.
Parties: The Skin Garden and customer together.
Consumer: a customer who is an individual acting for private purposes.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Skin Garden.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by The Skin Garden are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
The Skin Garden is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
The parties agree on a total price for a service provided by The Skin Garden. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
The Skin Garden is entitled to deviate up to 10% of the target price.
If the target price exceeds 10%, The Skin Garden must let the customer know in due time why a higher price is justified.
If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
The Skin Garden has the right to adjust prices at any time.
The Skin Garden will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
The consumer has the right to terminate the contract with The Skin Garden if he does not agree with the price increase.

Payments and payment term

Products and services are immediately paid for.

Right of withdrawal

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days right of withdrawel period and the consumer has not renounced his right of withdrawal

The cooling-off period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed the purchase of digital content via the internet
The consumer can notify his right of withdrawal via beaufleurbleij@live.nl
The consumer is obliged to return the product to The Skin Garden within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs

If the purchase costs and any other costs (such as delivery costs) are eligible for reimbursement according to the law, The Skin Garden will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to The Skin Garden in time.
The costs for return are only reimbursed by The Skin Garden if the complete order is returned.

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer.

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

The Skin Garden can appeal to his right of retention of title and in that case retain the products sold by The Skin Garden to the customer until the customer has paid all outstanding invoices with regard to The Skin Garden, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to The Skin Garden.
The Skin Garden is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to The Skin Garden with any claim on The Skin Garden.

Retention of title

The Skin Garden remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to The Skin Garden under whatever agreement with The Skin Garden including of claims regarding the shortcomings in the performance.
Until then, The Skin Garden can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If The Skin Garden invokes its retention of title, the agreement will be dissolved and The Skin Garden has the right to claim compensation, lost profits and interest.

Delivery

Delivery takes place while stocks last.
Delivery takes place at The Skin Garden unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, The Skin Garden has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by The Skin Garden.

Delivery period

Any delivery period specified by The Skin Garden is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from The Skin Garden.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless The Skin Garden cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping

If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which The Skin Garden may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to The Skin Garden, failing which The Skin Garden cannot be held liable for any damage.

Insurance

The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- goods delivered that are necessary for the execution of the underlying agreement
- goods being property of The Skin Garden that are present at the premises of the customer
- goods that have been delivered under retention of title

At the first request of The Skin Garden, the customer provides the policy for these insurances for inspection.

Storage

If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for The Skin Garden, not obligations of results.
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Performance of the agreement

The Skin Garden executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
The Skin Garden has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that The Skin Garden can start the implementation of the agreement on time.
If the customer has not ensured that The Skin Garden can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer

The customer shall make available to The Skin Garden all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, The Skin Garden will return the relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by The Skin Garden and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Indemnity

The customer indemnifies The Skin Garden against all third-party claims that are related to the products and/or services supplied by The Skin Garden.

Complaints

The customer must examine a product or service provided by The Skin Garden as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform The Skin Garden of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform The Skin Garden of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that The Skin Garden is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to The Skin Garden being forced to perform other work than has been agreed.

Giving notice

The customer must provide any notice of default to The Skin Garden in writing.
It is the responsibility of the customer that a notice of default actually reaches The Skin Garden (in time).

Joint and several Client liabilities

If The Skin Garden enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to The Skin Garden under that agreement.

Liability of The Skin Garden

The Skin Garden is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If The Skin Garden is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
The Skin Garden is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If The Skin Garden is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from The Skin Garden shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

Dissolution

The customer has the right to dissolve the agreement if The Skin Garden imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by The Skin Garden is not permanent or temporarily impossible, dissolution can only take place after The Skin Garden is in default.
The Skin Garden has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give The Skin Garden good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of The Skin Garden in the fulfillment of any obligation to the customer cannot be attributed to The Skin Garden in any situation independent of the will of The Skin Garden, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from The Skin Garden .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which The Skin Garden cannot fulfill one or more obligations towards the customer, these obligations will be suspended until The Skin Garden can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
The Skin Garden does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

The Skin Garden is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by The Skin Garden with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with The Skin Garden to third parties without the prior written consent of The Skin Garden.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what The Skin Garden had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where The Skin Garden is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).

Drawn up on 01 januari 2024.