Home » Terms and Conditions

Terms and Conditions

Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Entrepreneur: The natural or legal person registered with the Complaints and Disputes Committee for Huidzorg, whether or not organized through one of the industry organizations Huidprofessionals or ProVoet, and active in the personal care industry;
Huidprofessional: Industry organization for Beauty Care in Heerhugowaard;
ProVoet: Industry organization for Pedicurists “ProVoet” in Veenendaal;
Consumer: The natural person who, other than in the exercise of his profession or business, makes use of the services of an affiliated entrepreneur in the personal care industry;
Agreement: The agreement for a treatment and/or supply of products in the field of personal care (oral and written);
Personal care industry: Beauty care companies or foot care companies;
Beauty care company: A company that performs treatments aimed at the care of the skin and appearance of people from a beauty perspective;
Foot care company: A company that performs treatments aimed at the care of the feet, skin, and toenails, also for the prevention of (further) foot problems;
Disputes Committee: Disputes Committee for Huidzorg, Postbus 90600, 2509LP The Hague. Website www.degeschillencommissie.nl
Industry codes: The codes of the beauty care company or foot care company, namely the “Code of the Beautician” and the “Company Manual of the Foot Care Company,” or a guideline on hygiene, working conditions, and environment issued by an industry organization.
Wkkgz: The Dutch Act on Quality, Complaints, and Disputes in Healthcare.
Professional Competence Profile: The (formalized and standardized) description of the profession and the competencies of a fully qualified professional.

ARTICLE 2 – APPLICABILITY

These General Terms and Conditions apply to the conclusion and performance of all agreements in the personal care industry between the entrepreneur and the consumer. These can be found at:

ARTICLE 3 – CONCLUSION OF THE AGREEMENT

The agreement is concluded by the consumer’s acceptance of the entrepreneur’s offer. This may take place in the business premises at the end of a treatment for a subsequent appointment; by telephone; via email; or through an online appointment system. The agreement can also be concluded outside the business premises, for example at the consumer’s home if the entrepreneur works on a mobile basis.
For agreements concluded at a distance or outside business premises, Articles 6:230o, 6:230p, and 6:230r of the Dutch Civil Code concerning reflection period and dissolution of purchase apply.

ARTICLE 4 – OBLIGATIONS OF THE ENTREPRENEUR

The entrepreneur guarantees that the work performed corresponds to the agreement and is carried out with good and careful craftsmanship using sound materials and means.
The entrepreneur informs the consumer about the nature and scope of the treatment, the reasonably expected results, and the possible risks involved. The entrepreneur asks the consumer for information relevant to the proper execution of the treatment.
The entrepreneur is expected to work to the best of their ability, in compliance with applicable laws and regulations, professional competence profiles, industry-specific standards and guidelines, and the latest state of the art. Based on this, the entrepreneur provides advice and/or carries out the treatment. If necessary, the consumer will be advised to consult another discipline for additional treatments or assessment.
The entrepreneur shall not perform any actions outside their professional competences as laid down in the Professional Competence Profile.
Before or at the start of each treatment or series of treatments, the entrepreneur must inform the consumer of the applicable price. For a series of treatments, the agreed price will not be increased during the series.
The cancellation policy, where applicable, will be communicated to the client before the agreement is concluded.
Where applicable to the professional group, the entrepreneur acts in accordance with the provisions of the Wkkgz.

ARTICLE 5 – OBLIGATIONS OF THE CONSUMER

The consumer must inform the entrepreneur of any specific wishes before entering into the agreement.
The consumer is obliged to provide all requested and necessary information required by the entrepreneur for the proper execution of the agreement.

ARTICLE 6 – PAYMENT

Payments to the entrepreneur must be made in cash using a generally accepted means of payment in the Netherlands. Cash payment also includes transfer of the amount due to a bank or giro account indicated by the entrepreneur at the time of purchase or delivery, or payment through forms of electronic payment recognized by banks.
For a series of treatments, the entrepreneur may require the consumer to make an advance payment of up to fifty percent of the total price. The remaining amount will be charged after completion of the series.
If the consumer is unable to keep an appointment due to force majeure, no costs will be charged.
If the consumer fails to pay voluntarily despite repeated requests, the costs incurred by the entrepreneur to collect the debt will be borne by the consumer. The calculation of these costs will be made in accordance with the Dutch Act on Standardization of Extrajudicial Collection Costs.

ARTICLE 7 – LIABILITY

The entrepreneur is liable to the consumer for damage resulting from a shortcoming attributable to the entrepreneur or a person employed by them or an intern.
The entrepreneur is not liable for damage of any kind resulting from the consumer providing incorrect and/or incomplete information. The entrepreneur is not liable if the desired result cannot be achieved.
The consumer is liable to the entrepreneur for damage suffered by the entrepreneur as a result of a shortcoming attributable to the consumer.
If the entrepreneur has business liability insurance, liability is limited to the amount paid under the insurance in the relevant case.

ARTICLE 8 – COMPLAINTS

It is strongly recommended that shortcomings be reported in writing or electronically to the entrepreneur immediately after discovery or as soon as reasonably possible. Waiting too long to complain may negatively affect the consumer’s legal position.
The entrepreneur has a sufficiently publicized procedure for handling complaints and handles complaints in accordance with this procedure. The entrepreneur will remedy shortcomings, where possible, within a reasonable time. If the Wkkgz applies to the relevant professional group, a complaints officer will be part of the procedure.
If the complaints procedure does not lead to a mutually acceptable solution, a dispute arises that can be submitted to the Disputes Committee.
The consumer may submit the dispute to the Disputes Committee. This also applies if the complaints officer referred to in paragraph 3 of this article does not reach a solution in a dispute between the entrepreneur and the consumer. In this case, the complaints officer will inform the consumer of the option to submit the complaint to the Disputes Committee.

ARTICLE 9 – DISPUTE SETTLEMENT

Disputes between consumer and entrepreneur regarding the conclusion or performance of agreements may be brought before the Disputes Committee by either the consumer or the entrepreneur.
The Disputes Committee will only deal with a dispute if the consumer has first submitted the complaint to the entrepreneur.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing, or in another form determined by the Committee, no later than twelve months after the date on which the consumer submitted the complaint to the entrepreneur.
When the consumer submits a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to submit a dispute to the Disputes Committee, they must ask the consumer to state within five weeks whether they agree. The entrepreneur must announce that after the expiry of this period, they will consider themselves free to submit the dispute to the court.
The Disputes Committee issues a decision in accordance with the provisions of its regulations. The decisions of the Disputes Committee are binding advice under those regulations. The regulations will be sent upon request. A fee is payable for handling a dispute.
Only the court or the above-mentioned Disputes Committee is competent to deal with disputes.

ARTICLE 10 – AMENDMENTS

Huidprofessional and ProVoet will only amend these general terms and conditions in consultation with the Consumers’ Association.

ARTICLE 11 – DEVIATIONS

Individual deviations from these General Terms and Conditions, including individual additions, must be recorded in writing or electronically between the entrepreneur and the consumer. Deviations are only possible if they are in favor of the consumer.