Terms and Conditions Lookslikereny Hair & Makeup Artist
Definitions
- Lookslikereny Hair & Makeup Artist: Reny Schijven, trading under the name Lookslikereny Hair & Makeup Artist, established in Heythuysen under Chamber of Commerce (KvK) no. 73849561.
- Client: the party with whom Lookslikereny Hair & Makeup Artist has entered into an agreement.
- Parties: Lookslikereny Hair & Makeup Artist and the client together.
- Consumer: a client who is also an individual and who acts as a private person.
Applicability of the terms and conditions
These terms apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lookslikereny Hair & Makeup Artist.
Parties may only deviate from these terms if they have expressly agreed to do so in writing.
Parties expressly exclude the applicability of any additional and/or differing general terms and conditions of the client or of third parties.
Offers and quotations
Offers and quotations from Lookslikereny Hair & Makeup Artist are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of 2 weeks, unless a different period of acceptance is stated in the offer or quotation.
If the client does not accept an offer or quotation within the applicable period, then the offer or quotation lapses.
Offers and quotations do not apply to repeat orders, unless parties have expressly agreed otherwise in writing.
Acceptance
Upon acceptance of a non-binding quotation or offer, Lookslikereny Hair & Makeup Artist reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the client being able to derive any rights from this.
Verbal acceptance by the client only binds Lookslikereny Hair & Makeup Artist after the client has confirmed it in writing (or electronically).
In the event of failure to cancel in time or a "No-show", Lookslikereny Hair & Makeup Artist is obliged to charge 50% of the booked work.
- Failure to cancel the booked work in time means a minimum of 24 hours before the day of the appointment made with the client.
- A "No-show" means, according to Lookslikereny Hair & Makeup Artist, a client who does not turn up for the relevant appointment of the booked work.
Prices
All prices that Lookslikereny Hair & Makeup Artist applies are in euros, excluding VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Lookslikereny Hair & Makeup Artist applies for its products or services, on its website or otherwise made known, may be changed by Lookslikereny Hair & Makeup Artist at any time.
The price for a service is determined by Lookslikereny Hair & Makeup Artist on the basis of the hours actually spent.
The price is calculated according to the usual hourly rates of Lookslikereny Hair & Makeup Artist, applicable for the period in which the work is carried out, unless a different hourly rate has been agreed.
If parties have agreed a total amount for a service by Lookslikereny Hair & Makeup Artist, this is always a target price, unless parties have expressly agreed in writing a fixed price from which no deviation is possible.
Lookslikereny Hair & Makeup Artist is entitled to deviate by up to 10% from the target price.
If the target price will exceed 10%, Lookslikereny Hair & Makeup Artist must inform the client in time why a higher price is justified.
If the target price will exceed 10%, the client has the right to cancel the part of the assignment that exceeds the target price increased by 10%.
Lookslikereny Hair & Makeup Artist has the right to adjust prices annually.
Prior to such an adjustment taking effect, Lookslikereny Hair & Makeup Artist will notify the client of price adjustments.
The consumer has the right to terminate the agreement with Lookslikereny Hair & Makeup Artist if they do not agree to the price increase.
Consequences of late payment
If the client does not pay within the agreed period including 3 payment reminders, then Lookslikereny Hair & Makeup Artist is entitled to charge an amount of 100,- excluding VAT on top of the outstanding invoice.
When the client is in default, they additionally owe extrajudicial collection costs and any damages to Lookslikereny Hair & Makeup Artist.
The collection costs are calculated on the basis of the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
When the client does not pay in time, Lookslikereny Hair & Makeup Artist may suspend its obligations until the client has met their payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the client, the claims of Lookslikereny Hair & Makeup Artist against the client are immediately due and payable.
If the client refuses to cooperate with the performance of the agreement by Lookslikereny Hair & Makeup Artist, they are still obliged to pay the agreed price to Lookslikereny Hair & Makeup Artist.
Right of suspension
Unless the client is a consumer, the client waives the right to suspend the performance of any obligation arising from this agreement.
Set-off
Unless the client is a consumer, the client waives their right to set off a debt to Lookslikereny Hair & Makeup Artist against a claim on Lookslikereny Hair & Makeup Artist.
Insurance
- The client undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- Delivered items that are necessary for the performance of the underlying agreement.
- Items of Lookslikereny Hair & Makeup Artist that are present at the client's premises.
- Items delivered under retention of title.
- At the first request of Lookslikereny Hair & Makeup Artist, the client shall provide the policy of these insurances for inspection.
Warranty
When parties have entered into an agreement of a service-providing nature, this contains only obligations of effort for Lookslikereny Hair & Makeup Artist, not obligations of result.
Performance of the agreement
Lookslikereny Hair & Makeup Artist performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Lookslikereny Hair & Makeup Artist has the right to have the agreed services performed (in part) by third parties.
Performance of the agreement takes place in mutual consultation and after written approval and payment of any agreed advance by the client.
It is the client's responsibility that Lookslikereny Hair & Makeup Artist can start the performance of the agreement in time.
If the client has not ensured that Lookslikereny Hair & Makeup Artist can start the performance of the agreement in time, the resulting additional costs and/or additional hours are for the account of the client.
Provision of information by the client
The client makes all information, data and documents relevant to the correct performance of the agreement available to Lookslikereny Hair & Makeup Artist in time and in the desired form and manner.
The client guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the client requests this, Lookslikereny Hair & Makeup Artist returns the relevant documents.
If the client does not, or does not in time or properly, make available the information, data or documents reasonably required by Lookslikereny Hair & Makeup Artist and the performance of the agreement is thereby delayed, the resulting additional costs and additional hours are for the account of the client.
Duration of the agreement
If an agreement has been entered into for a definite period, then after the end of the term it is tacitly converted into an agreement for an indefinite period, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement with due observance of a notice period of 1 month, in which case the agreement ends by operation of law.
If parties have agreed a period within the term of the agreement for the completion of certain work, then this is never a strict deadline. In the event of exceeding this period, the client must give Lookslikereny Hair & Makeup Artist notice of default in writing.
Indemnification
The client indemnifies Lookslikereny Hair & Makeup Artist against all claims of third parties related to the products and/or services supplied by Lookslikereny Hair & Makeup Artist.
Complaints
The client must examine a product supplied or service rendered by Lookslikereny Hair & Makeup Artist as soon as possible for any defects.
If a supplied product or rendered service does not meet what the client could reasonably expect from the agreement, then the client must notify Lookslikereny Hair & Makeup Artist of this as soon as possible, but in any case within 1 month of discovering the defects.
Consumers must notify Lookslikereny Hair & Makeup Artist of this no later than 2 months after discovering the defects.
The client provides as detailed a description of the defect as possible, so that Lookslikereny Hair & Makeup Artist is able to respond adequately.
The client must demonstrate that the complaint relates to an agreement between parties.
If a complaint relates to ongoing work, this can in any case not lead to Lookslikereny Hair & Makeup Artist being obliged to perform work other than what was agreed.
Notice of default
The client must give notices of default in writing to Lookslikereny Hair & Makeup Artist.
It is the client's responsibility that a notice of default actually reaches Lookslikereny Hair & Makeup Artist (in time).
Joint and several liability of the client
If Lookslikereny Hair & Makeup Artist enters into an agreement with multiple clients, each of them is jointly and severally liable for the full amounts they owe to Lookslikereny Hair & Makeup Artist under that agreement.
Liability of Lookslikereny Hair & Makeup Artist
Lookslikereny Hair & Makeup Artist is only liable for any damage suffered by the client if and insofar as that damage is caused by intent or deliberate recklessness.
If Lookslikereny Hair & Makeup Artist is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
Lookslikereny Hair & Makeup Artist is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Lookslikereny Hair & Makeup Artist is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and, in the absence of (full) payment by an insurance company of the amount of damage, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings and descriptions on the website or in a catalogue are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Limitation period
Any right of the client to compensation from Lookslikereny Hair & Makeup Artist lapses in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right of dissolution
The client has the right to dissolve the agreement when Lookslikereny Hair & Makeup Artist is in attributable default in the performance of its obligations, unless this default, given its special nature or minor significance, does not justify the dissolution.
If performance of the obligations by Lookslikereny Hair & Makeup Artist is not permanently or temporarily impossible, dissolution can only take place after Lookslikereny Hair & Makeup Artist is in default.
Lookslikereny Hair & Makeup Artist has the right to dissolve the agreement with the client if the client does not fully or timely meet their obligations under the agreement, or if Lookslikereny Hair & Makeup Artist has become aware of circumstances that give it good grounds to fear that the client will not be able to properly meet their obligations.
Force majeure
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Lookslikereny Hair & Makeup Artist in the performance of any obligation towards the client cannot be attributed to Lookslikereny Hair & Makeup Artist in a situation independent of the will of Lookslikereny Hair & Makeup Artist, whereby the performance of its obligations towards the client is wholly or partly prevented or whereby the performance of its obligations cannot reasonably be required of Lookslikereny Hair & Makeup Artist.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation arises whereby Lookslikereny Hair & Makeup Artist cannot meet 1 or more obligations towards the client, then those obligations are suspended until Lookslikereny Hair & Makeup Artist can meet them again.
From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing, in whole or in part.
In a force majeure situation, Lookslikereny Hair & Makeup Artist does not owe any (damage) compensation, even if it gains any advantage as a result of the force majeure situation.
Amendment of the agreement
If, after concluding the agreement, it proves necessary for its performance to amend or supplement its content, parties shall adjust the agreement accordingly in time and in mutual consultation.
Amendment of the terms and conditions
Lookslikereny Hair & Makeup Artist is entitled to amend or supplement these terms and conditions.
Amendments of minor importance may be made at any time.
Major substantive amendments will, as far as possible, be discussed in advance with the client by Lookslikereny Hair & Makeup Artist.
Consumers are entitled to terminate the agreement in the event of a material amendment to the terms and conditions.
Transfer of rights
Rights of the client under an agreement between parties cannot be transferred to third parties without the prior written consent of Lookslikereny Hair & Makeup Artist.
This provision constitutes a stipulation with effect under property law as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these terms and conditions prove to be null and void or voidable, this does not affect the other provisions of these terms.
A provision that is null and void or voidable is in that case replaced by a provision that comes closest to what Lookslikereny Hair & Makeup Artist had in mind on that point when drawing up the terms.
Applicable law and competent court
Dutch law applies exclusively to every agreement between parties.
The Dutch court in the district where Lookslikereny Hair & Makeup Artist is established / has its practice / has its office has exclusive jurisdiction to hear any disputes between parties, unless the law mandatorily prescribes otherwise.
Drawn up on 20 October 2021.