Algemene voorwaarden

Elite Beauty Center uses the following general terms and conditions.

Art. 1 Definitions 

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:

Elite Beauty Center: the private limited company Elite Laser Center B.V., with its principal place of business at Starrenburglaan 11 a, 2251 AG Voorschoten, registered with the Chamber of Commerce under number 91081742, with its branch offices, as shown in the trade register. Hereinafter referred to as ‘we’, ‘us’ or ‘our’.

Client: any (legal) person who has entered into or wishes to enter into an agreement with our company, and any (legal) representative, authorized representative, legal successor and heirs thereof.

Agreement: the agreement between us and the client.

Consumer: A client who is a natural person and does not act in the exercise of a business or profession

Art. 2 General

1. We are engaged in performing medical and/or cosmetic treatments on behalf of the client and, where applicable, in supplying the associated items for the treatments.
2. All our offers, agreements and the execution thereof are exclusively governed by the present conditions. Deviations must be expressly agreed with us in writing.
3. These terms and conditions also apply to all agreements concluded with us, for the execution of which third parties must be involved.
4. The applicability of general terms and conditions of the client is expressly rejected, unless otherwise agreed in writing.
5. If one or more provisions of these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable.

Art. 3 Offers/quotations

1. All offers made by us, in whatever form, are without obligation, unless expressly stated otherwise.
2. Unless otherwise stated in the quotation, all quotations are valid for 30 days from the date of the quotation.
3. We assume and the client guarantees the correctness and completeness of the information, specifications, (electronic) files and other data provided to us by or on behalf of him on which we base our offer.
4. The Client is obliged to inform us of facts and/or circumstances that may influence the content of our offer and the execution of the agreement, insofar as he knew or should have known them.
5. Each offer contains such information that it is clear what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• The price including taxes
• Any costs of delivery
• The manner in which the agreement will be concluded and the actions required for this
• The method of payment, delivery or performance of the agreement

6. Any work not mentioned in our offer is not covered by the agreement and may increase the price.

Art. 4 Agreement

1. Before concluding the treatment agreement, we will inform the client about:

• the intake procedure used;
• the (intended) results and (possible) consequences of the treatment;
• the price of the treatment, the options regarding insurance and times and method of payment;
• the time(s) and place of treatment;
• the period of reflection, in order to be able to reach a well-considered decision;
• instructions to be followed prior to treatment;
• post-treatment instructions;
• these General Terms and Conditions;
• our privacy policy.

4. Treatment requires that the participant completes and signs a medical intake form with a consent form completely and truthfully.
5. Based on the content of the (medical) intake form, the client or the treatment may be refused without giving any reason.
6. Subject to the provisions of paragraph 5, the agreement is concluded at the time when the client signs the consent/intake form and thereby places an order.
7. If the offer has been accepted electronically, we will confirm receipt of acceptance of the offer electronically, thereby establishing the agreement.
8. We may impose conditions if communication between parties or legal transactions take place by e-mail.
9. If the agreement is concluded electronically, we will take appropriate technical and organizational measures to secure the electronic transfer of data and we will ensure a secure web environment.
10. We can – within legal frameworks – verify information as to whether the client can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the agreement.

Art. 5 Prices and additional work

1. Unless otherwise stated our prices are:

1. • stated in EURO (€); any interim price changes will be passed on.
   • subject to price fluctuations; the current price on the date of conclusion of the agreement is leading,
   • T.W. if applicable, unless otherwise stated,
   • excluding costs of packaging, loading and unloading, transport/shipping, administration and insurance,
2. Parties may agree on a fixed price when concluding the agreement.
3. If a price change occurs after the conclusion of an agreement with a consumer but before its execution, this change will not affect the agreed price if it occurs within three months after the conclusion of the agreement.
4. Price changes after the above-mentioned period of three months will be passed on to the consumer. The consumer then has the option to agree to the changed price or to cancel. This is only different if we indicate when concluding the agreement that the treatment will take longer than three months.
5. Unless expressly agreed otherwise in writing, rates apply for the duration of a calendar year and may be adjusted annually.

Art. 6 Payment, interest and costs

1. Payment of the invoice must be made immediately after the treatment by debit card, bank transfer or cash.
2. Regardless of whether an invoice is reimbursed by a health insurer, the client remains obliged at all times to pay the invoice in full and on time. Claims for reimbursement by the health insurer are not made by us, but by the client themselves. It is the client's own risk whether and to what extent the health insurer reimburses the treatment.
3. If the invoice is not paid in full after the treatment, a payment term of 14 days applies.
4. If payment has not been made within that period, the client is legally in default and owes the statutory interest increased by the contractual interest of 2% per (part of a) month on the (still) outstanding amount from the invoice date. The statutory interest applies to the consumer. We will then also claim collection costs.
5. All judicial and extrajudicial costs to be incurred shall be borne by the client. The judicial costs shall also include all actual costs of legal and procedural assistance incurred during legal proceedings, which exceed the liquidation rate of our legal assistance provider.
6. The extrajudicial collection costs are charged in accordance with the Decree on Compensation for Extrajudicial Collection Costs, as referred to in paragraph 4 of Article 6:96 of the Dutch Civil Code.
7. For a client who is not a consumer, these collection costs amount to 15% of the principal amount due, with a minimum of €250.
8. All payments made by the client will primarily serve to pay any interest and collection costs to be incurred and then to pay the oldest outstanding invoice(s). We may, without being in default, refuse an offer of payment if the client indicates a different order for the allocation. We may refuse full repayment of the principal sum if the accrued and current interest as well as the costs are not also paid.

Art. 7 Execution of work

1. The agreement between us and the client is, except for the delivery of certain products or files, an agreement of assignment to which the provisions of article 7:400 et seq. BW apply insofar as and to the extent that this is not expressly deviated from below. The rights to which the client is entitled under the agreement are strictly personal and cannot be transferred by the client to third parties.
2. We will make every effort to provide the services with care in accordance with the agreements and procedures recorded in writing with the client and in accordance with the responsibility as it arises from the professional standard applicable to us and the guidelines of the professional group.
3. All our services are performed on the basis of an obligation of best efforts, unless and to the extent that we have expressly promised a result in the written agreement and the result in question has also been described with sufficient certainty.
4. We are entitled not to carry out unreasonable requests or instructions from the client and may refuse to carry out a treatment where appropriate.
5. The client is obliged to provide us in a timely manner with all information and documents that are necessary for the correct execution of the agreement. If the data required for the execution of the agreement are not provided to us in a timely manner, we have the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the client at the usual rates.
6. Even if the agreement has been entered into by the client with a view to performance by a specific person, we are always entitled, after consultation with the client, to replace this person with one or more other persons with the same or comparable qualifications.
7. We are authorized to engage third parties in the execution of the agreement, if we deem this necessary or desirable for the correct execution of the assignment given to us, the costs of which will be charged to the client.
8. Unless expressly agreed otherwise, the programs are provided at our location. If we or third parties engaged by us perform work on the client's location or a location designated by the client in the context of the assignment, the client will provide the facilities reasonably desired by those employees free of charge.
9. All terms and dates mentioned or agreed upon by us have been determined to the best of our knowledge on the basis of the data known to us when entering into the agreement. Interim dates mentioned by us always apply as target dates, do not bind us and are always only indicative. We make reasonable efforts to observe final terms and final dates as much as possible. If there is a risk of exceeding any term, we will consult with the client to discuss the consequences of the exceedance for the further planning.
10. If it has been agreed that the agreement will be executed in phases, we may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.
11. In such cases, the burden of proof that the services and the results of the services do not comply with what was agreed in writing or with what may be expected from a reasonably acting and competent practitioner rests entirely with the client, without prejudice to our right to provide counter-evidence by all means.

Art. 8        Cancellation, modification, suspension and termination

1. If the client is unable to attend an appointment, he/she must cancel this with us at least forty-eight (48) hours in advance.
2. Indien een afspraak te laat (binnen 48 uur voor aanvang van de afspraak) is afgezegd, behouden wij het recht om eenmalig een bedrag van vijfendertig euro (50,-) of – naar onze keus – het gehele of gedeeltelijke tarief van de behandeling in rekening brengen.
3. Appointments can only be cancelled via the website, by telephone or by e-mail. The cancellation will be registered by us at the moment the client or his e-mail message is received by us.
4. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be carried out, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
5. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. We will inform the client of this as soon as possible.
6. If the client decides to cancel a package treatment, the difference in the total amount charged will not be settled and will be refunded.
7. We are entitled to suspend the fulfillment of the obligations or to terminate the agreement if:

1. The client does not, does not punctually or does not fully comply with the obligations under the agreement.
2. Circumstances that come to our attention after the conclusion of the agreement give us good reason to fear that the client will not fulfil the obligations or, if there is good reason to fear that the client will only fulfil the obligations partially or not properly.

• In case the client:

– is declared bankrupt, is placed under administration, is declared subject to the Debt Restructuring Act (WSNP) or is ordered to surrender his estate, files a request for suspension of payments or bankruptcy, or all or part of his property is seized,

– dies or is placed under guardianship,

we shall have the right, by the mere occurrence of such a circumstance, either to terminate the agreement or to demand immediate and full payment of any amount owed by the client on the basis of the agreed services, without any warning or notice of default, all without prejudice to our right to compensation for lost profits, costs, damages and interest.

8. Furthermore, we are entitled to terminate the agreement (or have it terminated) if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be reasonably expected, or if other circumstances arise which are of such a nature that continued maintenance of the agreement unchanged cannot reasonably be expected of us.
9. If the agreement is dissolved, our claims on the client are immediately due. If we suspend the fulfillment of the obligations, we retain the claims arising from the law and agreement.
10. We always reserve the right to claim damages.

Art. 9 Relocation services

1. Elite Beauty Center reserves the right to relocate the provision of services to another location elsewhere for reasons at its sole discretion, including but not limited to operational optimization, infrastructure expansion, or service quality improvement.
2. The relocation of the service will not affect the nature or quality of the services provided to the consumer. Elite Beauty Center will make all reasonable efforts to minimize any disruptions resulting from the relocation.
3. The consumer agrees that, in the event of such a relocation, there is no right to any refund or compensation for any costs or losses arising from the relocation of the service.
4. Elite Beauty Center will take all reasonable steps to inform the consumer in a timely manner of any changes relating to the relocation of the service.
5. The consumer agrees that using the services of Elite Beauty Center after moving to another location elsewhere implies that the consumer agrees to these terms and conditions regarding the relocation of the services.
6. To the extent permitted by applicable law, Elite Beauty Center and its officers, directors, employees and agents shall not be liable for any costs, losses, damages or claims arising out of or in connection with the relocation of the Services to another location elsewhere.

Art. 10 Intellectual property

1. De website elitebeautycenter.nl ( elitebeautycenter.nl ) the content thereof is protected by copyright, trademark law and other intellectual property rights. No part of this website or its content may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior permission.
2. Without prejudice to the other provisions of these general terms and conditions, we reserve the rights and powers to which we are entitled under the Copyright Act and other intellectual property rights.
3. All documents provided by us for the benefit of the participant, such as reports and advice, may only be used by the client. All documents provided by us may not be made public by the client or brought to the attention of third parties without our prior consent, unless the nature of the documents provided dictates otherwise.
4. The client grants us permission in advance to take photos and images during or around the treatments, on which the participant is visible, but only for the purpose of the treatment, as comparison material; therefore not for promotional material and for publication, unless the client has given express written permission for this.

Art. 11 Liability

1. Treatment is at the client's own risk.
2. If a client has health complaints or any other reason to doubt his/her suitability for the treatment, he/she must indicate this on the medical intake form and report it to us.
3. Unless otherwise stated on the (medical) intake form, the client guarantees that he/she is in good physical and mental condition and that he/she is not aware of any medical or other reason why he/she would not be able to undergo the treatment.
4. The participant must always inform us in a timely manner of all facts and circumstances that may be important for responsible treatment and is in particular obliged to report to us any pain, fatigue and other deterioration in physical condition that occurs during or after the treatment.
5. Except in the case of intent and deliberate recklessness on our part, we shall not be liable for any damage suffered by the client in connection with the performance of the agreement.
6. We are not liable for damage resulting from the failure or insufficient achievement of the results that the client intended to achieve by entering into the agreement, nor for any damage arising from the advice and/or instructions provided by us being followed, whether or not incorrectly and/or incompletely.
7. We are not liable for any damage caused by our having relied on incorrect or incomplete data or information provided by the client.
8. We are never liable for consequential damage. If we are liable despite the provisions in these general terms and conditions, only direct damage is eligible for compensation. Direct damage is exclusively understood to mean:

–      the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for compensation within the meaning of these terms and conditions;

– any reasonable costs incurred to ensure that our defective performance complies with the agreement, insofar as these can be attributed to us;

– reasonable costs incurred to prevent or limit damage, to the extent that the client demonstrates that these costs have led to a limitation of the damage that qualifies for compensation within the meaning of these terms and conditions.

1. De verstrekte informatie op de website elitebeautycenter.nl (elitebeautycenter.nl)
2.  is intended for general information purposes only. Due to external circumstances, delays, defects and/or other imperfections may occur in the information provided.
3. Although we exercise the utmost care in the composition and maintenance of its website, we cannot guarantee that the information provided is complete, up-to-date and/or accurate. Client hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage that has arisen, arises or will arise through the use of the data, unless there is intent or gross negligence on our part.
4. De websites van derde partijen waarnaar op de website elitebeautycenter.nl ( elitebeautycenter.nl) Any hyperlinks that may be included are not checked, created and/or maintained by us. We therefore accept no liability for the content of these linked websites.
5. If, despite the provisions of the remainder of these general terms and conditions, we have further liability, liability is limited to a maximum of three times the invoice value of the agreement, or at least to that part of the agreement to which the liability relates, provided that our liability will never exceed the amount paid out in the relevant case on the basis of any liability insurance it may have taken out.
6. Except in the case of intent or deliberate recklessness on our part, the participant shall indemnify us against all claims from third parties, on whatever grounds, regarding compensation for damages, costs or interest, related to the performance of the agreement by or on behalf of us.
7. The limitation period for all claims and defenses against us is one year.

 Art. 12 Force Majeure

1. “Force majeure” means: any circumstance independent of the parties or unforeseeable by the parties as a result of which the other party can no longer reasonably be expected to fulfil the agreement, including strikes in our company.
2. The party that believes it is (or will be) in a situation of force majeure must immediately notify the other party thereof.
3. If, in our opinion, the force majeure is or will be of a temporary nature, we have the right to suspend the performance of the agreement until the circumstance that constitutes the force majeure no longer applies.
4. If, in our opinion, the force majeure situation is of a permanent nature, the parties can make an arrangement regarding the dissolution of the agreement and the associated consequences. In that case, the parties are not entitled to compensation for the damage suffered or to be suffered, unless otherwise agreed.
5. We also have the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after we should have fulfilled our obligation..
6. We are entitled to demand payment for what has already been performed under the agreement. In that case, the settlement will be proportional, without the parties owing each other anything else.

Art. 13 Complaints

1. In case of dissatisfaction or a complaint by the client about a treatment, the client reports this immediately after the treatment, but in any case within the payment term of 14 days by e-mail to the relevant branch. The practitioner and the client will then both make an effort to find a solution.
2. If a solution is not possible, the client can contact the complaints officer of ANBOS. ANBOS is the trade association of and for certified beauticians in the Netherlands. This committee will first mediate between the practitioner and the client.
3. If the complaints officer does not arrive at a satisfactory solution, it may be decided to submit the complaint to the disputes committee ANBOS which is affiliated with the independent disputes committee for Personal Care. This committee makes a binding decision on complaints, against which you cannot appeal.
4. The payment obligation for the invoice relating to the treatment will not be suspended by a complaint, unless the practitioner agrees to the suspension of the payment obligation.
5. After the expiry of the period(s) mentioned in the previous paragraphs, the client is deemed to have approved the treatment and the invoice relating thereto and complaints will no longer be processed by us.
6. If we find a complaint to be justified, we are only obliged to still deliver the agreed performance.
7. Legal proceedings arising from complaints must be instituted within one year of the complaint, otherwise they will be forfeited.

Art. 14 Confidentiality and privacy

1. Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. The party that receives confidential information will only use it for the purpose for which it was provided. Information is considered confidential if this has been communicated by a party or if this follows from the nature of the information.
2. If we are required by law or a court order to provide confidential information to third parties designated by law or the competent court, we are not obliged to pay damages or compensation and the client is not entitled to terminate the agreement on the grounds of any damage resulting from this.
3. The client indemnifies us against liability arising from the registration of personal data, unless the client proves that the facts underlying the claim are solely attributable to us.

Art. 15 Applicable law and competent court

1. All our offers, agreements and the execution thereof are exclusively subject to Dutch law. The Vienna Sales Convention is expressly excluded. Other international regulations that could apply to the agreement are also excluded to the extent that the relevant regulation permits exclusion.
2. All disputes, including those considered as such by only one party, arising from or related to the agreement to which these conditions apply or the conditions themselves and their interpretation or implementation, both of a factual and legal nature, shall be settled by the competent civil court within whose jurisdiction our registered office is located, unless other mandatory provisions apply.
3. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement and - in the case of a complaint about treatment - have gone through the complaints procedure.
4. In all cases other than those in which a dispute relates to a complaint about a treatment, we are entitled to have the dispute settled by arbitration, in which case we will notify the client thereof in writing. The arbitrators' fee shall be borne by the parties as determined by the arbitrators.

 Art. 16      Change and interpretation of the conditions

1. In the event of any interpretation of the content and scope of these general terms and conditions, the text thereof shall always prevail.
2. The most recently filed version or the version applicable at the time the agreement was concluded shall always apply.
3. We may make changes to these terms and conditions.