General Terms and Conditions THE CLIENT​ (Distance Selling & Treatment)

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Article 1 – Definitions

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1.1 The Client: the company that is registered in the commercial register under number 73801747 and trades under the name The Client;

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1.2 Conditions: the most recent version of these general terms and conditions of The Client;

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1.3 The Customer: the natural person who enters into a treatment agreement with The Client and, where appropriate as logically follows from the situations/cases described below in these conditions, the person who undergoes the treatment if this is not the same person as the one who has entered into the treatment agreement;

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1.4 The Buyer: the natural person not acting in the exercise of a profession or business, hereinafter also referred to as: consumer-buyer, or the natural person acting in the course of a profession or business or the legal entity or partnership, who concludes a purchase agreement with The Client;

 

1.5 Products: all products and goods used or to be used by The Client in the performance of the treatment agreement and all products and goods offered by The Client and to be delivered to the buyer. Where appropriate, the word ‘products’ shall also mean a single product in these conditions;

 

1.6 Services: all services to be provided by The Client consisting of (among other things) treatments in the field of external care, including (but not limited to) manual and automatic spray tan treatments, giving presentations and organizing meetings and courses. The word ‘services’ in these conditions should, where appropriate, also be understood to mean a single service;

 

1.7 Treatment agreement: an agreement between The Client and the customer for a treatment in the field of external care, including but not limited to the application of spray tan (self-tanner/tanning solution) on the customer’s skin by means of a spray tan machine operated by a person (manual spray tan treatment) or by means of an automatic spray tan machine (automatic spray tan treatment);

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1.8 Purchase agreement: an agreement between The Client (as seller) and the buyer;

 

1.9 Distance contract: the agreement whereby, in the context of a system organized by The Client for the distance selling of products and services, without the physical presence of the parties involved, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

 

1.10 Right of withdrawal: the right of the consumer-buyer to terminate the distance contract within a period of fourteen days;

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1.11 In writing: by post or e-mail;

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1.12 Website: the website including The Client’s webshop on which products and services are offered that can be purchased by customers and/or buyers.

 

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Article 2 – Applicability

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2.1 These terms and conditions apply to any offer and to the realization and execution of all agreements and legal relationships between The Client on the one hand and the buyer or customer on the other hand.

 
2.2 These conditions may only be deviated from in writing. Any general terms and conditions and/or conditions of the buyer or customer will not be accepted and – in so far as they are applicable – will be subordinated to these conditions.

2.3 If one or more passages of these conditions prove(s) to be void or voidable, this will not affect the continued applicability of all the other provisions. The Client and the buyer or the customer will then consult with a view to agreeing on a new provision to replace the provision that has been nullified or invalidated, the purpose and meaning of the original provision being the starting point.

2.4 The Client may involve third parties for the execution of the agreement with the customer and/or the buyer without the prior consent of the latter(s). These terms and conditions also apply to the relationship between the customer and/or the buyer and these third party(ies).

2.5 By commencing with the treatment and/or by placing an order on the website, the customer respectively the buyer declares to have read these terms and conditions and to agree with the provisions therein.

 

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Article 3 – General

 

3.1 All offers made by The Client, including the prices given with them (including further information, attachments, documentation, images, etc.) are made orally or in writing and are entirely subject to contract and do not bind The Client, unless they contain a period for acceptance, which will lapse by operation of law in the absence of timely acceptance. Said offers may not be combined with (discount) offers, subscriptions, packages and/or other (loyalty) programs that may have an effect on the offers without the consent of The Client.

3.2 The Client has the right to adjust the prices of the products and services at any time.

3.3 The Client is not liable for obvious mistakes and/or obvious errors in the products and services it offers, nor for their being out of stock, nor for any discrepancy between the products supplied and the images on the website and/or on other public channels and/or in printed matter, nor for any color, size, weight and other data displayed therein, unless it concerns a substantially different product. The Client also reserves the right to make changes to the products and services depicted and/or mentioned on the website and in printed matter and to remove products from the range.

3.4 Stated delivery times are indicative only and do not apply as deadlines in the sense of the law.

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Article 4 – The Treatment Agreement and its Execution

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4.1 The treatment agreement comes into effect as soon as the customer gives The Client an assignment to perform a treatment aimed at external care, including but not limited to the manual or automatic application of spray tan or related and/or associated products on the skin.

4.2 Before concluding the treatment agreement, but no later than before the start of the treatment, The Client will give instructions to the customer for the proper execution of the treatment. The customer is obliged to follow all instructions given by The Client – in whatever form – in full and declares that it will do so. By commencing the treatment the customer declares to have ascertained (and taken proper note of) these instructions given by The Client.

 

4.3 The customer is obliged, prior to the treatment agreement but no later than before the start of the treatment, to provide The Client with all the information that is relevant in the context of the treatment agreement or that may reasonably be suspected to be relevant for the performance thereof. In any case, the said obligation to provide information includes the provision of all medically potentially relevant information, including but not limited to the mention of:

a) allergies, including allergy to dihydroxyacetone (dha), erythrulose and/or perfume;
b) skin diseases/conditions, including eczema and/or psoriasis;
c) respiratory diseases, conditions or sensitivities, such as asthma and/or bronchitis;
d) wearing a pacemaker;
e) pregnancy;
f) other conditions for which one is or has been under medical treatment.

 

The Client has the freedom, on the basis of the foregoing, to decide to suspend, postpone or terminate the treatment agreement without being liable for damages to the customer except for the refund of any treatment fee already paid by the customer. If the customer has provided the necessary information tardily, not fully or not at all, the customer will be liable to The Client for the damage caused as a result and the customer will in any case owe the treatment fee in accordance with The Client’s rates. The Client is, moreover, in no way liable in this case for any damage whatsoever resulting from the customer’s failure to comply with the aforementioned duty to provide information.

4.4 At the time that the treatment agreement was made, but no later than prior to the start of the treatment, the customer is deemed to have been informed by The Client about the method of preparation (including instructions), the intended results, the possible consequences and/or risks of the treatment, the price of the treatment, the time and place of the treatment, the time and manner of payment as well as about the instructions and expectations after the treatment.

 

4.5 The Client will perform the treatment agreement to the best of its knowledge and ability and in accordance with the requirements to be set for it. It has an obligation to perform to the best of its ability and not an obligation to achieve a certain result. 

 

4.6 The Client is in no way liable for damage, in whatever form, arising as a result of information not supplied by the customer and/or incorrect and/or incomplete information supplied by the customer and/or instructions not followed by the customer.

4.7 If the planned treatment in accordance with the treatment agreement does not take place due to a circumstance that is not attributable to The Client, the customer will owe the associated costs.

4.8 The customer and/or the buyer must take the necessary care to prevent damage to or loss of its property. The Client is not liable for damage to or loss of the customer’s and/or the buyer’s property. This also refers to any property left behind. The Client can not be held liable and/or responsible for any property or goods that are in the possession of the customer and/or the purchaser at the time of their visit to The Client. This also applies to persons belonging to the company of the customer and/or the buyer, in which context the latter (customer and/or buyer) indemnifies The Client against any claims and costs that these third parties may make against The Client.

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Article 5 – Rights arising from the Treatment Agreement and Rates

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5.1 The Client has the right to suspend its obligations arising from the treatment agreement during the period in which the customer has not fulfilled its payment obligation or in case of force majeure on the part of The Client in which case the client will not be obliged to pay any compensation and/or costs.

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5.2 The Client has the right to suspend its obligations under the treatment agreement or to terminate it extrajudicially and without notice of default if any of the cases mentioned in article 6:83 of the dutch civil code are involved, as well as if during the treatment the customer does not comply with the instructions given by The Client and The Client terminates the treatment prematurely for this reason. If the treatment agreement is dissolved, The Client’s claims against the customer are immediately due and payable. The suspension and/or dissolution will not affect any claims that The Client may have against the customer under the law and contract.

5.3 The rates associated with the treatment agreement are listed on the website, are available at the treatment location and/or are made known to the customer orally or in writing. The rates are deemed to be known to the customer at the time of concluding the treatment agreement. These rates are inclusive of government imposed levies and exclusive of additional expenses, insofar as not expressly stated otherwise.

5.4 The Client reserves the right to increase the rates if a cost price increase occurs after the treatment agreement has been concluded, in which case The Client will indicate to the customer the basis of the price increase. The Client further reserves the right to increase rates if, during the execution of the treatment agreement, it appears that, without this being attributable to The Client, the work originally agreed upon has been so underestimated that The Client can not reasonably be required to maintain the rate originally agreed upon.

5.5 Payment of the rates as mentioned above will at all times take place prior to the treatment, unless parties agree otherwise in writing.

 

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Article 6 – Cancellation / Premature Termination of the Treatment

 

6.1 If the customer cancels an appointment 24 hours or less before the agreed time for treatment or if the customer does not appear at all, the treatment concerned will be charged in full to the customer (if not yet paid) and will remain payable in full by the customer (if already paid). The Client’s records will serve as proof that the appointment in question was made.

6.2 If the customer is late for the reserved time as mentioned above, The Client reserves the right to cancel the treatment and charge the customer in full for it, all in accordance with the provisions of article 6.1 above. The Client will, however, make every effort, insofar as this can be reasonably expected of it, to limit the costs as much as possible and/or to allow the treatment to continue, whether or not partially (for the remaining time), provided this is meaningful and can be reasonably expected of The Client. In the latter case, the customer remains liable for the full rate.

6.3 Return of payments already made for treatments is not possible. A payment already made may be used for another treatment, after approval by The Client. The Client is, however, not obliged to do so.

 

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Article 7 – Purchase Agreement and Payment

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7.1 The purchase agreement comes into being as soon as the consumer-buyer has proceeded to accept The Client’s offer and has fulfilled the conditions thereby set, that is, as soon as the order has been completed. If the consumer-buyer has made the order via electronic means, The Client will immediately confirm receipt of the order via electronic means. As long as the order has not been confirmed by The Client, the consumer-buyer has the right to terminate the purchase agreement. For the buyer, not being a consumer-buyer, the purchase agreement will only come into existence once The Client has accepted or confirmed the order in writing.

7.2 The (consumer-)buyer must pay the amount owed immediately upon completing the order or at least immediately upon the conclusion of the contract using one of the payment methods indicated by The Client.

7.3.1 If the buyer, not being the consumer-buyer, does not fulfil his/her payment obligations within the agreed period, the buyer will immediately be in default and the buyer will owe statutory interest, all this in accordance with article 6:119 of the Dutch Civil Code.

7.3.2 If the consumer-buyer does not fulfil his payment obligations within the agreed period and The Client has granted the consumer-buyer a period of 14 days to fulfil his payment obligations and the consumer-buyer has failed to do so, the consumer-buyer will be in default from the 15th day after receiving this demand. The consumer-buyer will then owe statutory interest on the amount due, in accordance with article 6:119a of the Dutch Civil Code.

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7.3.3 In the case described in articles 7.3.1 and 7.3.2 respectively, the (consumer-)buyer will also owe The Client extrajudicial costs in accordance with the graduated scale in article 2 of the Decree on Compensation for Extrajudicial Collection Costs (besluit vergoeding buitengerechtelijke incassokosten), with a minimum of € 40.00. For a buyer, not being a consumer-buyer, an amount of 15% over the principal sum with a minimum of € 150.00 will apply.

 

7.3.4 In the event of default, liquidation, (temporary) suspension of payments, statutory debt rescheduling, (application for) bankruptcy, seizure or placement under guardianship on the part of the (consumer-)buyer, all The Client’s claims will be immediately due and payable.

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7.4 The address given by the (consumer-)buyer to The Client serves as the place of delivery.

7.5 The (consumer-)buyer is obliged to immediately inform The Client of any incorrectly supplied or stated information, including payment details and/or address details.

7.6 Unless a longer delivery period has been agreed in writing, The Client will deliver the order with due haste but no later than 30 days after the conclusion of the purchase agreement. In case of delay or if an order can not be delivered or only partially delivered, The Client will notify the consumer-buyer within 30 days after the order was placed. In this case, the consumer-buyer has the right to terminate the purchase agreement free of charge, in which case The Client will refund the amount paid by the consumer-buyer as soon as possible but no later than 30 days after the date of termination.

7.7 All products remain the property of The Client as long as the purchase price has not been paid in full in accordance with The Client’s rates.

 

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Article 8 – Withdrawal

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8.1 In case of a distance contract, the consumer-buyer has the right to dissolve (withdraw) this contract without giving reasons within 14 days of receiving the ordered products and to return them, provided that the ordered products are unopened, undamaged, unused and complete. The costs of returning the products shall be borne by the consumer-buyer. In the case of the provision of services, including the purchase of a subscription/membership and/or a package, the period of 14 days commences at the moment the distance contract is concluded. If the consumer-buyer has chosen to have the services performed or at least started within the withdrawal period of 14 days, the right to withdraw from the distance contract lapses.

8.2 The consumer-buyer must handle the products and the packaging with care during the withdrawal period of 14 days. He may only unpack or handle the products to the extent necessary to determine the nature, characteristics and operation of the products. The starting point is that the consumer-buyer may only inspect the products as he would be allowed to do in a store. This means, among other things, that the consumer-buyer may only open the (outer) packaging (if any), i.e. the cardboard box, to determine whether he wishes to keep the products. This does not apply to sealed packages, which must remain closed. The consumer-buyer is liable for any loss of value resulting from handling the products in any way other than as permitted under the foregoing paragraph.

8.3 In order to make use of the right of withdrawal, the consumer-buyer is obliged to make this known to The Client no later than 14 days after receipt of the products by means of an unequivocal statement to that effect, in the absence of which the right of withdrawal will lapse. For this purpose, the consumer-buyer may use The Client’s return portal or the withdrawal form that can be downloaded from The Client’s website or a communication to this effect by e-mail (contact@theclient.nl), stating the order number and the iban-number on which the amount can be refunded. Products ordered online may furthermore be returned at the physical location of The Client in Maastricht (Stationsstraat 42, 6221 BR, Maastricht). Also in the latter case, the consumer-buyer will have to indicate, within the aforementioned period of 14 days, via one of the aforementioned methods (return portal, withdrawal form, e-mail) to make known his intention to use his right of withdrawal.

8.4 If the consumer-buyer has indicated in time that he wishes to exercise his right of withdrawal, he must return the products to The Client within14 days from the date on which he indicated that he wishes to exercise his right of withdrawal, unopened, undamaged and unused in the original, undamaged packaging including all accessories, in accordance with the reasonable instructions given by The Client. The risk and burden of proof for the timely and proper exercise of the right of withdrawal rests with the consumer-buyer.

8.5 The cost of the return shipment will be borne by the consumer-buyer. The client is never liable for any damage, theft or loss during the return shipment. 

 

8.6 Within 14 days after receiving the consumer-buyer’s statement that he wants to exercise his right of withdrawal, The Client will refund the purchase amount including any shipping costs paid to the consumer-buyer through the same payment method used by the consumer-buyer at the conclusion of the purchase agreement, unless the consumer-buyer has expressly agreed to receive a credit voucher of the same amount (purchase amount including any shipping costs paid). If only part of the ordered products is returned by the consumer-buyer, the shipping costs initially paid by the consumer-buyer are not eligible for refund. The Client is entitled to first await receipt of the products before making a refund to the consumer-buyer.

 

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Article 9 – Intellectual Property

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9.1 The website and all information contained therein, as well as the products and all information contained therein, including but not limited to texts, logos, images and other elements, are the property of The Client and/or are subject to copyright. It is not permitted to download, save, copy or publish in any way, or otherwise reproduce these (or parts thereof) without the prior written consent of The Client. The latter also applies to other statements (online or otherwise) made by The Client.

9.2 The Client is entitled to full compensation for any damage arising as a result of a breach of the provisions laid down in article 9.1 above.

 

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Article 10 – Liability and Force Majeure

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10.1 If The Client – despite the provisions of these conditions – should nevertheless be liable, its duty to compensate for damage suffered will extend at the most to an amount equal to the rate or rates that the customer and/or the buyer has paid or is obliged to pay The Client in respect of the products and/or services as a result of which or in connection with which the damage suffered arose, or at any rate up to a maximum of the amount that the liability insurer of The Client will pay to it.

10.2 Rights to compensation of damage will expire after a period of one year from the date on which the damage-causing event occurred, or at least one year from the date on which the products were delivered or the treatment in connection with which the damage was incurred took place. Furthermore, the customer and/or the (consumer-)buyer have an obligation to complain, as a result of which – on penalty of forfeiture of rights – he/she is obliged to submit a written, well-founded complaint within 8 days after a shortcoming has been (or is thought to have been) ascertained. 

                    

10.3 The Client is furthermore only liable for physical or material damage insofar as it is the direct result of a failure attributable to The Client in complying with the treatment or purchase agreement. Compensation is excluded with respect to indirect damage, including consequential damage, lost profits, lost savings and damage due to business interruption. Only damage suffered directly will be eligible for compensation.

10.4 The Client is not liable for any damage towards (a) third party (parties) or for damage resulting from the transfer to (a) third party (parties). The customer and/or the buyer indemnifies The Client in this respect by means of the conclusion of the treatment and/or the purchase agreement.

10.5 The customer and/or the buyer is liable to The Client for compensation insofar as The Client suffers damage as a result of a (culpable) failure on the part of the former(s) to fulfil the obligations incumbent on the customer and/or the buyer under the treatment and/or purchase agreement.

10.6 The Client will have no obligation to perform (and therefore no right to compensation for damage) its obligations arising from the treatment and/or purchase agreement if it is hindered from doing so as a result of force majeure.

 

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Article 11 – Choice of Forum, Applicable Law and Amendment

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11.1 All agreements of The Client as well as these conditions are governed exclusively by Dutch Law and the competent department of the district court of Limburg, in Maastricht, is the competent authority to take cognizance of all resulting or related disputes.

11.2 The Client is entitled to change these conditions at any time. With such a change all previous versions will lapse, on the understanding that the version that applied at the conclusion of the agreement in question will always apply.