Terms and Conditions

 

Terms and Conditions
By Martine Sophia

version 2018

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1. General

 

1.1. These General Terms and Conditions apply to every offer, treatment and transaction between By Martine Sophia and a client to which By Martine Sophia has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.

1.2. These General Conditions apply to all quotations, offers and transactions between By Martine Sophia and her client. By Martine Sophia does not accept any General Terms and Conditions of another party unless otherwise agreed in writing.

1.3. Where in these General Terms and Conditions "client" refers to any natural or legal person who is in a contractual relationship with By Martine Sophia under a contract of sale concluded with it or wishes to enter into a different type of contract.

1.4. If one or more provisions in these General Terms and Conditions are null and void or become void, the other provisions of these General Terms and Conditions remain fully applicable. The provisions of these General Terms and Conditions can only and only be deviated from if and in so far as this has explicitly been agreed in writing.

1.5. The client accepts the applicability of these General Terms and Conditions by booking or booking a service from By Martine Sophia.

 

2. Rates

 

2.1. All rates and prices included specifically for private individuals include 6% and / or 21% VAT. All other rates are exclusive of VAT.

2.2. By Martine Sophia can be booked for a certain service / treatment where the rate for this service / treatment applies or for a certain amount of hours. The hourly rate applies to an hourly booking. By Martine Sophia is booked in this case for half a day or a whole day. Half a day is based on 4 working hours and a full day on 8 working hours.

2.3. The first hour that has been exceeded in accordance with the contract will be booked as overtime and invoiced as the basic hourly rate. Any additional overtime hours will also be based on the standard hourly rate with an addition of 50%.

2.4. For work by By Martine Sophia between 24.00 and 8.00 hrs By Martine Sophia will calculate 200% of the basic hourly rate.

2.5 Offers in advertisements are valid in the indicated term and / or while stocks last. The client must pay the payment of the treatment and any products in cash immediately after the end of the treatment.

 

3. Effort beauty salon

 

3.1 By Martine Sophia, the treatments will be carried out to the best of her knowledge and ability and in accordance with the requirements of good workmanship and on the basis of the current state of knowledge at that time.

3.2 By Martine Sophia will as much as reasonably possible inform the client about financial consequences of any changes and / or additions to the treatment.

 

 

4. Establishment of booking

 

4.1. There is a booking at the moment that the client accepts an offer by By Martine Sophia orally, by telephone, in writing or digitally.

4.2. Client acknowledged to have knowledge of and to agree with the General Terms and Conditions of By Martine Sophia before making a booking.

4.3. The first quotation is mutually free of obligation. No rights can be derived from printing, typing errors and misprints as well as mutilated offers.

4.4. A quotation has a validity of 14 (say fourteen) days unless expressly stated otherwise.

4.5. The client must report foreclosure for an appointment as soon as possible but no later than 24 hours prior to the appointment to By Martine Sophia. If the client does not fulfill this obligation or fails to do so on time, By Martine Sophia may charge 50% of the total amount for the agreed treatment to the client.

4.6 Canceling appointments can only be done by telephone or e-mail.

4.7. If the client arrives in the salon more than five minutes later than the agreed time, By Martine Sophia will shorten the lost time on the treatment and still charge the entire agreed amount. When a client arrives fifteen minutes later than the agreed time in the salon By Martine Sophia can cancel the appointment and will charge the entire agreed amount.

4.8. By Martine Sophia must notify the client of an appointment for appointment as soon as possible, but no later than 24 hours before the appointment.

 

5. Payment / Reservation of orders / treatments

 

5.1. The booking is only definitive if the total invoice amount has been paid, unless otherwise indicated by By Martine Sophia. If the total invoice amount is not paid within the due date, the booking will automatically be canceled by By Martine Sophia.

5.2. Payment must be made within 14 days after the stated expiry date in a manner to be indicated by By Martine Sophia in the currency in which the invoice is made, unless otherwise indicated by By Martine Sophia.

5.3. Assignments that are booked 14 days or less prior to the date of execution must be paid immediately or at the latest prior to the execution.

5.4. At the conclusion of the agreement for the bridal orders, the client will pay the total invoice amount in two installments. The first 30% of the invoice amount expires two weeks after receipt of the booking form. The closing period expires no later than two weeks after the test session.

5.5. For all expansions of the bridal orders booked via the client, payment in advance takes place by invoice.

5.6. For all other private orders, payment is made in advance via invoice.

5.7. If the payment term is exceeded, the other party is legally in default and the legal interest is due on the yellow invoice amount, commencing on the date of payment of the amount to be paid.

5.8. All judicial and extrajudicial costs incurred by By Martine Sophia in order to collect the amount owed to it by the other party are at the expense of the client.

 

 

6. Retention of title and guarantee

 

6.1. All goods sold and delivered remain the property of By Martine Sophia, until the other party has paid all its due and payable debts. The other party is obliged to co-operate on the return of goods purchased and delivered to its costs if the other party has failed in any way with regard to By Martine Sophia.

6.2. By Martine Sophia gives the client one week (7 days) guarantee on the products. This warranty will lapse if:

The client has used products other than the products advised by the beautician.

The client has not followed the advice for home care.

The client has not followed the advice to seek medical attention within five working days.

The client has not used the products according to the instructions.

The client has acted in such a way that the operation of the product is (partly) counteracted.

6.3. If the client is not satisfied with a product purchased by By Martine Sophia, no money back guarantee applies, but this can be exchanged for other products of the beauty salon, but within a week (7 days).

 

7. Research, complaints and complaints

 

7.1. Complaints must be submitted to By Martine Sophia in writing and with sufficient motivation within 24 hours of the assignment.

7.2. The condition of acknowledging a complaint against By Martine Sophia is that the complaint must be well-founded and that the client makes the complaint, stating the reasons and if necessary proves it.

7.3. By Martine Sophia is also never liable for consequential or consequential loss, direct or indirect damage, however named loss of profits and stagnation damage caused by full or partial deliveries of goods, delayed or faulty delivery, or failure to deliver goods or by the items themselves .

 

 

8. Force majeure

 

8.1. In case of force majeure, By Martine Sophia can cancel the assignment partially or entirely at all times. Invoicing is then adjusted proportionally. For orders for bridal and wedding hairdressing, By Martine Sophia has the availability of a pool of colleagues who can possibly take over the assignment. However, a guarantee for availability can never be given.

8.2. Force majeure also includes: sickness, war, riots and hostilities of any kind, blockade, boycott, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, disruptions in our company, import and export restrictions or prohibitions, obstacles caused by measures, laws or decisions of international, national or regional (government) authorities.

8.3. If By Martine Sophia can not, not properly or not timely fulfill her delivery obligation due to force majeure, she is entitled to consider the agreement or the part not yet executed as dissolved, or to suspend it for a definite or indefinite period, this at her discretion. In case of force majeure, the other party can not approach By Martine Sophia for compensation.

 

9. Cancellation, termination and suspension of the agreement

 

9.1. If the client cancels an agreement in whole or in part, the costs incurred by By Martine Sophia, including the reimbursements to third parties, will be reimbursed in full by the client as a result of this cancellation.

9.2. If a booked make-up / wedding arrangement is canceled, the client will owe the following cancellation costs:

a) In case of cancellation from the 30th day to the test session or from the 60th day until the 30th day before the assignment and / or wedding date, the cancellation costs are 30% of the assignment and / or the wedding arrangement.

b) In case of cancellation from the 30th day to the 14th day before the assignment and / or wedding date or after the trial session for bridal arrangements, the cancellation costs are 50% of the assignment and / or bridal arrangement.

c) In case of cancellation from the 14th day to the 7th day before the assignment and / or wedding date, the cancellation costs are 75% of the total assignment.

d) In case of cancellation from the 7th day before the order and / or wedding date, the cancellation costs are 100% of the total order.

 

10. Liability and damage

 

10.1. By Martine Sophia will execute the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship.

10.2. By Martine Sophia is not liable for damage, of whatever nature, caused by By Martine Sophia based on incorrect and / or incomplete information provided by the client regarding relevant physical disorders, use of medication, work or leisure activities. By Martine Sophia is also not liable for damage caused by the client during and / or after the treatment.

10.3. By Martine Sophia excludes all liability, and rejects possible claims for damages, both direct and indirect, arising out of circumstances that are not due to intent or gross negligence of By Martine Sophia and those that are due to Dutch law or traffic standards can not be attributed to By Martine Sophia.

10.4. Any compensation to be paid is at all times capped to the total amount of the booked treatment. Non-recoverable consequential damages, business damage and non-material damage.

10.5. By Martine Sophia is not liable for loss, theft or damage to personal belongings that the client has taken to the salon.

 

11. Modification, explanation and location of these conditions

 

11.1. These conditions can be found on the internet site of By Martine Sophia, www.bymartinesophia.com/termsandconditions and can also be seen in the salon.

11.2. In the event of a discussion about the content and scope of these general terms and conditions, the Dutch text will always be decisive in this respect.

11.3. Applicable is always the latest version or the version that applied at the time of the conclusion of the agreement.

 

12. Final provisions

 

12.1. Dutch law applies to these general terms and conditions and to every agreement that exists between the client and By Martine Sophia.

12.2. All disputes that may arise as a result of the agreement between By Martine Sophia and the client or any agreement that may result therefrom, will only be settled by the competent court in Breda.

12.3. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

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