General Terms and Conditions Amsterdam Cosmetic Clinic
Article 1 About
Amsterdam Cosmetic Clinic is a sole proprietorship, located at Stadhouderskade 66-h, 1072 AD Amsterdam. Saloua Belboukhaddaoui is the owner of Amsterdam Cosmetic Clinic.
The address of our website is www.amsterdamcosmeticclinic.com
Amsterdam Cosmetic Clinic is the clinic in Amsterdam, where you can go for Injectables, Skin Therapies, Laser Therapy and Semi-permanent make-up. In addition, we sell various cosmetic products in our clinic and via our website.
You can reach Amsterdam Cosmetic Clinic in the following ways:
- E-mail: email@example.com
- By phone: + 31-6-15230571
- Facebook: http://www.facebook.com/amsterdamcosmeticclinic
- Instagram: http://instagram.com/amsterdamcosmeticclinic
- Via the contact form on our website
- Via WhatsApp
- Through our online booking system
Chamber of Commerce number: 59036141
You can find our house rules here
Amsterdam Cosmetic Clinic is affiliated with and conforms to all quality standards set by:
- Nederlandse vereniging voor Cosmetische Geneeskunde (https://nvcg.nl);
- Nederlandse vereniging van Huidtherapeute (https://nvh.huidtherapie.nl/home).
Article 2 Definitions
A number of definitions are used more often in these general terms and conditions. We would like to briefly explain these definitions below.
By the terms we, us and our, we mean Amsterdam Cosmetic Clinic, as described in article 1 of these conditions. We are the user of these general terms and conditions. Our Cosmetic Clinic and / or the (para) medics, (semi-permanent) make-up artists, beauticians and assistants working there are also known as the (health)care professional; the legal person or natural person who concludes a (medical) (treatment) agreement with you in the exercise of his / her ((para) medical) profession or company.
With you we mean the other party, the legal entity or the natural person, whether or not acting in a profession or company and to whom Amsterdam Cosmetic Clinic makes an offer and / or with whom Amsterdam Cosmetic Clinic has a (medical) (treatment) agreement concluded or wishes to conclude.
With parties, we mean you and us together.
A treatment agreement is the agreement for a medical or cosmetic treatment, whereby the (health)care professional commits him/hereself to another person to carry out actions in the field of medicine (Art. 7: 446 BW). We also call the person whose person the actions relate directly to, the patient.
A day means a calendar day and not a working day.
Written is for us on paper or by e-mail.
When we speak about a service and / or activities, we mean, among other things, but not limited to:
- Carrying out (cosmetic) treatments;
- Applying treatment methods;
- The sale of (cosmetic) products;
- Providing advice;
- Provision of information.
The right of withdrawal is the possibility for you (consumer) to withdraw/cancel your distance contract within a period of 14 days, the so-called reflection period. This distance contract is a contract concluded by parties within the scope of an organised system for distance selling products and/or services, whereby exclusively use is made of one or more technologies of distance communication up to conclusion of the contract through one or more remote communication techniques. With a distance purchase, we are not (or have been) in the same room at the same time.
Article 3 Applicability
These general terms and conditions apply to all our offers, including all (medical) (treatment) agreements that we conclude with you. These general terms and conditions also apply in the event of additional work or a follow-up agreement. Before the agreement is concluded (distance contract), we will provide you with these terms and conditions.
Deviation from these terms and conditions is only possible if the parties agree explicitly and in writing. If the parties agree, the deviation only applies to the agreement for which the deviation has been agreed. You cannot rely on that deviation for other (future) agreements with us.
We may unilaterally amend or supplement these general terms and conditions. We are always allowed to make changes and / or additions, of a minor nature and / or of minor importance. We will discuss changes and / or additions, major in nature and / or demonstrably to your disadvantage with you in advance.
Your (general) terms and conditions, where 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 are at any time partially or completely void or annulled, the other provisions will remain fully applicable. The parties will enter into consultation to agree on new provisions, to replace the annulled or voided provisions. The purpose and scope of the original provisions will be respected as much as possible.
Article 4 Our offer
On our website, you will find all (medical/cosmetic) treatments that are carried out by Amsterdam Cosmetic Clinic. In addition to our treatments, you will find our range of (cosmetic) products in our Webshop as well as in the clinic. We provide you with all the necessary (detailed) information, so that you know exactly what you choose for and what you pay for. More specifically, this concerns:
- The price including taxes;
- All necessary information regarding the treatment and the associated treatment methods;
- All necessary information regarding the products (in our Webshop);
- The way in which the (treatment) agreement will be concluded and which actions are required for this;
- The method of payment, delivery and implementation of the (treatment) agreement;
- The method of payment, delivery of products;
- Whether or not the right of withdrawal applies;
- Whether the (treatment) agreement will be archived after it has been concluded, and if so, how it can be consulted by you;
- The way in which you, before concluding the agreement, can check the data provided by you and, if desired, restore it;
- The possible costs of delivery / shipping if you place an order through our Webshop.
Images of (Cosmetic) products in our Webshop are always indicative. We can never guarantee that the displayed colors exactly match the real colors of our products.
If there is an obvious error or mistake in our offer, we are not bound by this.
Article 5 Procedure, prior permission and treatment agreement for (cosmetic) treatments
After we have received your request (by telephone, email, WhatsApp, social media or through our booking system) 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 (not applicable for semi-permanent make-up) so that you can inform us in time about all necessary (medical) information, which may be important with regard to the treatment.
Together with the questionnaire, we will send you the treatment agreement (not applicable for semi-permanent make-up). Before entering into and through the treatment agreement, we will inform you about:
- The consultation appointment or the treatment appointment, which always contains a consultation appointment;
- The treatment and the associated procedures and methods to be carried out;
- The possible results as well as any possible consequences (risks) of a treatment;
- Whether there are alternatives for the desired treatment;
- The expected number of treatments and the associated price;
- Whether there is a possible intervention from the health insurer;
- All necessary information and/or instructions for you that are or may be important before, during and after the treatment.
We will only start with a treatment after we have received your explicit and written permission for this.
We do not carry out cosmetic procedures on minors. If you are a minor, you are very welcome in our clinic for an age-related skin treatment, including an acne treatment. If you are between 12 and 16 years old, we also need the consent of your parent(s) who exercise(s) authority or, if applicable, of your guardian, in addition to your permission. From the age of 16, you are also very welcome for a treatment for semi-permanent make-up. We only need your permission for this.
Article 6 Agreement
An agreement is only concluded:
- As soon as you accept the offer in the clinic and/or in the Webshop on our website, whereby you accept the payment obligation and agree to our terms and conditions as well;
- After you have accepted the treatment agreement and these general terms and conditions in writing as well and confirmed to us in writing and you have met any conditions set.
Unless the parties agree otherwise, the agreement ends:
- By operation of law, after the parties have fulfilled their (mutual) obligations under the agreement, whereby the invoice has been paid by you;
- When the (Health) care professional concerned is of the opinion that there are valid reasons to terminate the agreement prematurely.
Unless explicitly agreed otherwise in writing, an agreement is entered into for an indefinite period.
All agreements are entered into under the suspensive condition (s) of (sufficient) availability of:
- (health) care professional(s) for the execution of the desired treatment;
- The desired products.
Article 7 Execution of the agreement, delivery and best efforts obligation
We execute the agreement according to the requirements of good workmanship, whereby we retain the freedom to fulfill the assignment as we see fit.
We may, without you having to give your prior consent, use (the services of) third parties in the execution of the agreement.
We execute the agreement on your behalf. Third parties cannot derive any rights from (the content of) the work performed and / or products delivered by us, under whatever name or title.
It is your responsibility to provide us with all relevant data and information in a timely manner, which we indicate that we need for the execution of the (treatment) agreement or of which you should reasonably understand that we need it for the execution of the (treatment) agreement. In the meantime, we have the right to suspend the execution of the agreement. If costs arise from this, we have the right to charge you for these.
At our request, you must identify yourself with a legally recognized proof of identity.
We have the right to refuse to carry out a treatment, in accordance with the legal regulations.
If you have placed an order in our Webshop, you will receive a (digital) confirmation of receipt from us as soon as possible. Even if we unexpectedly cannot process or only partially process the order, we will inform you as soon as possible. We will also exercise the greatest possible care when executing orders for products. Upon delivery, the address that you have provided to us is the place of delivery.
The risk of damage to or loss of products that you purchase in our web store lies with us until the products are delivered to the previously communicated address.
We all have a best efforts and delivery obligation. We can therefore never guarantee that our treatments and / or products meet your expectations and / or will lead to a certain result. After all, expectations are personal and tastes can differ. You are therefore not entitled to (damage) compensation if our treatments / products do not meet your expectations or the result is not the result you intended.
No rights can be derived from our planning.
Article 8 Changes to the assignment
If you want to change and / or supplement the agreement, please let us know as soon as possible (preferably in writing). Every change and / or addition is treated as an additional assignment. We will first let you know whether and, if so, 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 implementation and delivery period (s).
If during the execution of the agreement appears that there are circumstances whereby the agreement must be amended or supplemented, we will inform you as soon as possible and we will enter into consultation with you. If a change or addition has financial consequences, we will also discuss this with you first.
Article 9 Right of withdrawal
If you placed an order via our Webshop, you have the option to cancel the agreement within 14 days with the delivery of products. This reflection period starts on the day after you or the representative announced to us in advance has received the products or the day after you.
We expect you to handle the product and packaging with care during the reflection period. You will only unpack or use the product to the extent necessary to (be able to) assess whether you wish to keep the product.
If you want to make use of the right of withdrawal, you can notify us within 14 days of receipt using our model return form. You will then be requested to return the product within 14 days after notifying us. You are obliged to keep the proof of sending. If we do not receive the product(s) within 14 days, the right of withdrawal expires and the purchase is irrevocable.
If you make use of the right of withdrawal, you return the product to us in its original condition and packaging as much as possible. You are allowed to send it by post, but you are also very welcome in our clinic.
Article 10 Costs in case of withdrawal
The costs for the return are for your account.
If we have received the product(s) on time and undamaged, we will refund you no later than 14 days after cancellation. We will make the refund via the same payment method that you used at the time of the purchase, unless you give permission for another payment method.
In the event of damage or if you have handled the product (s) carelessly, you are liable for any decrease in value, unless you have not received all legally required information about the right of withdrawal from us. This must be done before the conclusion of the purchase agreement.
Article 11 Exclusion of the right of withdrawal
With delivered products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery, the right of withdrawal is excluded. If this is the case, we will inform you in advance (before the purchase).
Article 12 Prices and payment
Unless explicitly stated otherwise, all prices are:
● Including VAT;
● If applicable, exclusive of any shipping / delivery costs;
● Excluding any other government levies;
● Excluding any (additional) costs that we (have) had to incur when carrying out the assignment.
We have the right to adjust our prices / rates of both the treatments and our products in the meantime.
In principle, you will receive our invoices digitally.
Orders placed in our Webshop will be paid by you immediately via a secure online payment environment.
If we ask you to pay (part of) the invoice (for a treatment) in advance, we will start the execution of the agreement as soon as we have received the advance payment on our account. Advance payments are deducted from the total invoice. You have to pay the remainder of a treatment at the clinic on the day of and after your treatment. Preferably, you pay by pin.
If we agree that you may pay afterwards, we will apply a payment term of 14 days, counting from the invoice date, unless we explicitly agree otherwise with you. You must transfer the full amount, including VAT, to our bank account within the payment term.
It is possible that the execution of an agreement takes longer than 30 days or that the execution is carried out in stages. We may also agree on payment in installments. In that case, you will receive an interim invoice per phase / per term, whereby we apply a payment term of 14 days.
If you do not pay on time, we will point this out to you. Then you will receive a further period of 14 days to fulfill your payment obligation. If you still have not paid by then, you will owe the statutory interest on the outstanding amount after the expiry of those 14 days until you still pay the amount. We also charge you for the extrajudicial collection costs incurred by us.
These collection costs amount to a maximum of:
- 15% on outstanding amounts up to € 2,500.00
- 10% on the subsequent € 2,500.00
- 5% on the next € 5,000.00
- Each time with a minimum of € 40.00
As long as you have not yet or not fully paid the invoice, we retain full ownership (retention of title) over all products delivered and/or to be delivered. Any damage and / or destruction of these goods are entirely at your risk and expense.
Article 13 Intellectual property right and right of use
Intellectual property right is a collective term for rights established on a work. They protect the person 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 arising from the agreement belong to us. This also applies to concepts and / or proposals that have not been implemented. You may not copy or exploit any of our expressions, our services (treatments) and / or our products without our explicit and written permission.
Unless the work does not lend itself to this, we have the right to have our (company) name mentioned on or with the work or to have it removed.
Article 14 Suspension, termination and cancellation of the agreement
We have the right to suspend the agreement or to terminate it with immediate effect if:
● You do not, not fully or not timely fulfill your obligations with regard to the agreement;
● After entering into the agreement, we have become aware of circumstances that give us good reason to
fear that you will not fulfill your obligations;
● Due to delay on your side, we can no longer be expected to fulfill the agreement under the originally
● If circumstances arise of such a nature that fulfillment of the agreement will be impossible.
If we can attribute the suspension or termination to you, then we have the right to recover any damage we suffer as a result from you.
If we cannot attribute the suspension or termination to you and if no treatments and / or products have been delivered by us yet, but you have already transferred a (down) payment to our account, we will refund this (down) payment within ten days to your account.
In the event of liquidation, a (application for) suspension of payments or bankruptcy, of seizure on your side or if you rely on debt rescheduling, i.e. you can no longer freely dispose of your assets, then we are free to cancel the agreement immediately and with immediate effect. In that case, we do not owe you any compensation. Any claims we have on you will become immediately due and payable in the aforementioned situations.
To cancel a distance contract with regard to our Webshop, you, the consumer, can use the right of withdrawal in accordance with article 9.
To cancel a (treatment) agreement, you can send us an email after the conclusion of the agreement to firstname.lastname@example.org. We have the right to charge a cancellation fee of 50 euros for this.
For canceling consultations and / or treatment appointments, less than 48 hours in advance, we charge a minimum cancellation fee of 75 euros. If you cancel less than 24 hours before the appointment or if you do not appear or appear too late for the appointment, we have the right to charge you the full amount for this appointment / treatment, in addition to the cancellation costs. After all, we have reserved this time especially for you.
It is your responsibility to arrive on time. If you are late for whatever reason, we can no longer guarantee that the appointment and / or treatment can actually take place.
Article 15 Liability
We are only liable if and insofar as stated in this article.
We are only liable for an attributable shortcoming in the fulfillment of the agreement if you immediately, properly and in writing give us a reasonable period to remedy the attributable shortcoming and we still do so after the expiry of that reasonable period.
We are not liable for:
- Your errors and / or shortcomings in the information, (address) data that you have provided to us;
- Misunderstandings, errors or shortcomings with regard to the implementation of the agreement, if they are caused or caused by your actions or failures to act;
- Errors or shortcomings of third parties engaged by or on behalf of you;
- Damage caused by third parties;
- Damage caused by treatments that you have had by another clinic;
- Disappointing results and / or expectations from you (best efforts obligation!);
- Failure to comply with the instructions or prescriptions given to you by us before, during or after treatment;
- Misuse of our products or exposing the products supplied by us to abnormal conditions;
- (Travel) costs you incur due to the delay in our consultation hours;
- Damage or loss of personal belongings belonging to you during your visit to our clinic.
With the exception of cases of intent or deliberate recklessness on our side, liability for damage is limited to a maximum of the amount that the liability insurer pays out in a similar case. If the insurer does not pay out, the liability for damage is limited to the agreed price in the context of the agreement.
We are only liable for direct damage attributable to us. Liability for indirect damage, including consequential damage, loss of profit, missed savings is excluded.
Any form of liability expires one year after the (treatment) agreement has been completed.
We cannot be held liable/responsible for damage for which you yourself are insured.
You indemnify us against all claims from and by third parties, including the (reasonable) costs of legal assistance, which arise in any way from the agreement between you and us, except in the case of intent or gross negligence on our part.
Shortcomings in the performance of the agreement cannot be attributed to us if they are not due to our fault, nor are they my responsibility under the law, the agreement or generally accepted beliefs (force majeure).
Article 16 Force majeure
In the event of force majeure on our side, we have the option to suspend the execution of the agreement or, insofar and reasonably possible. We will inform you about this in a timely manner and in writing. In case of force majeure, however, we do not owe you (additional) (damage) compensation.
Article 17 Confidentiality and your file
If the parties become aware of certain information from the other party during the execution of the agreement, of which they (reasonably) know that it has a confidential nature, they will not disclose this information to third parties in any way. An exception to this applies if a statutory regulation or court decision requires disclosure or if you have given us your explicit and prior consent for this.
The obligation of confidentiality continues after termination of the agreement for as long as the party that provided the information can claim the confidential nature of the information.
The duty of confidentiality also applies to employees of the clinic and any third parties engaged from each party.
All data regarding your treatments are carefully stored by us in a personal file. You can request to destroy your file upon request. However, we will not destroy your file as soon as the law opposes destruction or if the retention of the file is of substantial importance to someone other than the patient. If destruction is not requested, the said medical data will always be kept for a minimum period of 20 years or for as much longer as reasonably ensues from the care of a good care provider. We always calculate from the moment the data was created.
Article 18 Complaints
If you have a complaint about the execution of the agreement, we would like to be informed. We have a complaints procedure for such cases.
It is your responsibility to report a complaint to us in writing within a reasonable time after you have discovered a defect. You must describe your complaint completely and clearly.
You will receive feedback from us within 14 days after we have received your complaint.
You must in any case give us four weeks to resolve a complaint in mutual consultation with you. If it is not resolved after this period of four weeks, a dispute arises.
We are also affiliated with the DOKh Foundation. More information about their complaints and disputes procedure can be found here.
We think your privacy is very important and therefore we handle your data carefully. You can read how we do this in our privacy statement on our website.
Your data will be stored and used for the implementation of the (treatment) agreement.
In order to guarantee the security of the website as well as possible, we take the necessary measures and we will carry out the necessary updates or have them carried out in a timely manner.
Article 20 Disputes
Only Dutch law applies to agreements between you and us to which these general terms and conditions apply. The law determines which court is competent to hear a dispute.
The Vienna Sales Convention does not apply.
Version 1.1, September 2020