General terms and conditions

These General Terms and Conditions (GTC) apply to all (advertising) expressions, services, products and materials of BLOY Institute (BLOY) and all associated (whether or not exempt) physicians and cosmetic consultants. When specific agreements are concluded, such as treatment agreements with clients, these GTC are deemed to form part thereof.

BLOY Institute BV is registered in Eindhoven at Wilhelminaplein 17 and is registered in the trade register of the Chamber of Commerce under number 71832726.

Article 1 – Definitions AV

In these Terms and Conditions the following terms shall have the following meanings:

Bloy: all beauticians/therapists who work as BLOY and conclude the treatment agreement with the client.
Client: the person who enters into a treatment agreement with BLOY for himself or for a specific third party.
Services: all services to be provided by BLOY, including but not limited to treatments, treatment methods, courses, information, presentations, sales and promotion of products and advice.
Products: Products used and supplied by BLOY.
Client: the person or individual to be diagnosed or treated, who is being treated on the basis of an order from a client. This may or may not always be the same person as the client.
Treatment Agreement: These General Terms and Conditions apply to the conclusion and execution of all agreements in the personal care sector between the entrepreneur and the consumer.
Dispute committees: www.anbos.nl

Article 2 – General

These General Terms and Conditions apply to the conclusion and execution of all agreements in the personal care sector between BLOY and the consumer.
For the performance of the service, BLOY may involve third parties, which it may select and contract, if the proper performance of the agreement requires this. No prior consent from the client is required for this.
These terms and conditions also apply to all agreements with the client, for the execution of which BLOY must involve third parties.
These conditions apply to every offer and agreement between BLOY and the client. Deviation from this is only possible after written agreement.
Deviations from these Terms and Conditions are only valid if they are recorded in writing in an agreement to that effect between BLOY and the client.
BLOY is responsible for recording the deviations and provides the client or principal with a copy thereof.
The client waives the applicability of his or her General Terms and Conditions to the extent applicable.
The applicability of any purchasing or other conditions of the client is expressly rejected.
If one or more provisions in these terms and conditions are null and void or are annulled, the other provisions of these terms and conditions will remain fully applicable. BLOY and the client will then enter into consultation in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the original provision will be taken into account.
If there is any ambiguity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation must be in accordance with the spirit of these provisions.
If a situation arises between the parties that is not covered by these terms and conditions, this situation must be assessed in the spirit of these terms and conditions.
BLOY takes all reasonable measures to prevent damage to or loss of patient property.
The client must take the necessary care to
to prevent damage to or loss of his property.
BLOY accepts no liability for damage to or loss of property of clients or customers. This also applies to property left behind.

Article 3 – Prior consent

The client's consent is required for activities carried out in accordance with a treatment agreement.
If the client so wishes, BLOY will record in writing for which activities he has obtained permission and will provide the patient with a copy thereof.
If the client is younger than 12 years of age, his or her consent is not required, but the consent of the parents who exercise authority over him or her or of his or her guardian is.
If the client is 12 years or older, but younger than 16 years of age, in addition to the client's consent, the consent of the parents who exercise authority over him or of his guardian is required. The transaction may only be performed without this consent if it is clearly necessary to prevent serious harm to the client or if the client, after the refusal of consent, continues to wish the transaction to be performed after careful consideration.

Article 4 – The treatment agreement

The treatment agreement is concluded when the client instructs BLOY to perform cosmetic treatments.
To enter into the treatment agreement, the client must have reached the age of 18, regardless of the age of the client.
The client is liable for the obligations arising from the treatment agreement entered into by him.
If BLOY uses a third party to perform medical cosmetic treatments, BLOY will make it known that this is a third party that is not affiliated with BLOY. The client will then enter into a (treatment) agreement directly with the third party. BLOY is in no way involved in this Agreement and is therefore not responsible for any damage resulting from the performance of this Treatment.
Before concluding the treatment agreement, the client and/or the client will be informed verbally and, if desired, in writing by BLOY about:
the intake procedure;
b. the (intended) results and (possible) consequences of the treatment;
c. alternatives to treatment;
d. the price of the treatment, the options regarding insurance and time(s) and method of payment;
e. the time(s) and place of treatment;
f. the period of reflection, in order to be able to reach a well-considered decision;
g. the actions to be taken after concluding the treatment agreement;
h. if applicable: which BLOY will actually perform the treatment
perform or are involved in the performance of the treatment agreement;
i. the information/instructions for the client to follow prior to the treatment;
j. the instructions for guidance, reception, transport and accessibility;
k. the instructions for the client before and after treatment, including the symptoms for which the client should contact the therapist and details of the person the client should contact;
l. the accessibility of the organization if complications arise outside working hours;
m. these AV, which are provided to the client directly during the intake procedure or in any case before the start of the first treatment. At the request of the client, the AV can also be provided to him or her at any other time prior to the first treatment.
n. By commencing treatment, the client declares that he/she has read these Terms and Conditions and agrees with everything stated therein.
During the intake, the client is obliged to provide the name and contact details of a contact person.

Article 5 – Offers

All our offers and price quotations (including attachments, documentation, images, etc.) are issued verbally or in writing and are without obligation, unless they contain a term for acceptance in which case the offer will expire after this term. Offers cannot be combined with loyalty programs or other discount programs or promotions.

Article 6 – Execution of the agreement

BLOY will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of a good contractor.
The Client shall ensure that all data that BLOY indicates is necessary or that the Client reasonably should understand is necessary for the performance of the agreement, are provided to BLOY in a timely manner. If data required for the performance of the agreement are not provided in a timely manner, BLOY shall have the right to suspend the performance of the agreement and/or charge the additional costs resulting from the delay to the Client at the usual rates.
The data mentioned in the two cases also includes showing a valid identity document. Every client must always be able to identify themselves with a legally recognized identity document at the first request of BLOY. If a client cannot show such an identity document when requested, BLOY is entitled to suspend the treatment agreement.
BLOY is not liable for any damage, in whatever form, arising as a result of incorrect and/or incomplete information provided by the Client, unless BLOY should have been aware of this incorrectness or incompleteness.
If the agreement includes the obligation for the client to supply certain data, whether printed, written or provided in any other way, BLOY will accept this data exclusively for internal use. BLOY will treat such data as strictly confidential and will never disclose it in whole or in part to anyone other than the person to whom the data relates, nor use it as evidence in any (legal) proceedings. The data may not be copied in whole or in part or reproduced in any other way.
The Client who is not also a client is obliged to ensure that the storage and use of reports produced by BLOY are such that they comply with the government regulations applicable at any time, to the satisfaction of the Client.
If, due to circumstances not attributable to BLOY, a planned assignment resulting from the agreement cannot be carried out, the Client is nevertheless liable to the entrepreneur for the associated costs.
If the Client provides BLOY with information carriers, electronic files or software etc., the Client guarantees that these are free from viruses and/or defects.

Article 7 – Compliance with the agreement, suspension and termination

The agreed services to be provided are deemed to be suspended as soon as and for as long as the client is in default of payment of any amount due, of the continuous provision of up-to-date data, or for as long as BLOY is prevented from fulfilling its obligations due to force majeure, without the client being able to assert any right to compensation for damages, costs and/or interest on that basis.
Exceeding the agreed term within which BLOY must have performed the agreed services will never entitle the Client to compensation, termination of the agreement or non-fulfilment of any obligation, in the event of force majeure and/or if expressly agreed otherwise.
BLOY is authorized to suspend the fulfillment of the obligations or to terminate the agreement without notice of default if:
The client does not or does not fully comply with the obligations under the agreement.
b. Circumstances that have come to the attention of BLOY after the conclusion of the agreement give good reason to fear that the client will not or will not fully meet the obligations. If there is good reason to fear that the client will not or will only partially meet the obligations, suspension is only permitted to the extent that the shortcoming justifies it.
c. The Client was requested to provide security for the fulfilment of its obligations under the agreement when concluding the agreement and this security is not provided or the Client fails to fulfil it adequately.
Furthermore, the entrepreneur is authorized to dissolve the agreement (or have it dissolved) 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 circumstances arise which are of such a nature that continued existence of the agreement unchanged cannot reasonably be expected.
If the agreement is terminated, BLOY's claims on the Client are immediately due and payable. If BLOY suspends compliance with its obligations, it retains its claims under the law and the agreement.
BLOY always reserves the right to claim damages.

Article 8 – Intellectual Property Rights

None of the expressions, services, products and/or materials of BLOY may be copied or otherwise reproduced, digitally or analogously, without prior express written permission.
Permission is granted exclusively by BLOY and can therefore be requested via info@BLOYinstitute.nl.

Article 9 – Fees, rates and rate adjustments

The rates for the services provided by BLOY are made known to the client via the website or with an oral or written order confirmation.
All rates include government levies, excluding additional (un)costs, unless expressly agreed otherwise.
If, after the conclusion of the agreement, one or more cost price factors increase – even if this occurs as a result of foreseeable circumstances – BLOY reserves the right to increase the agreed price accordingly, stating the basis and calculation method.
BLOY may increase the fee if, during the performance of the work, it becomes apparent that the originally agreed or expected amount of work was insufficiently estimated when the agreement was concluded and this is not attributable to BLOY, to such an extent that BLOY cannot reasonably be expected to perform the agreed work for the originally agreed fee.
BLOY shall confirm the rate change or increase as referred to in paragraphs 3 and 4 of this article without delay by means of a written notice to the client, stating the scope and the date on which the change or increase will take effect.

Article 10 – Payment

Payment for the services and/or products provided will be made as follows: For all treatments, the invoice must be paid immediately after the treatment. BLOY and the client are free to agree on another method of payment. Objections to the amount of the invoice do not suspend the payment obligation.
Payment of other invoices to BLOY must be made within 14 days after the invoice date in the manner specified by BLOY. The mere fact that BLOY has not received the full amount of the invoice on the due date will mean that BLOY is in default without any prior notice or notice of default being required.
If the client is eligible for a contribution from a health insurer, he or she must subsequently declare the costs incurred.
In the event of late payment, all payment obligations of the client shall become immediately due and payable. In the event of liquidation, bankruptcy, statutory debt restructuring, attachment or suspension of payment of the client, BLOY's claims shall become immediately due and payable.
The client shall – without further notice or notice of default – owe interest from the due date of the invoice on that which BLOY is legally entitled to claim from him. This interest shall be charged monthly on this amount, calculated on the basis of 1/12 of the Euribor + 1%, whereby a part of a month shall be considered a full month.
If the client fails to meet his obligations within the agreed term, he will be in default without any prior notice or notice of default being required. The client cannot invoke set-off. For each day, month or part of a month in which the client is in default of payment of the invoice, the invoice amount will be increased by operation of law with the contractual interest of 1% per month (12% per year), unless the statutory interest is higher, in which case the statutory interest will apply. The interest on the amount due will be calculated from the moment the client is in default until the moment the full amount has been paid.
All judicial and extrajudicial costs incurred by BLOY in the context of the collection of a claim on the client, resulting from non-fulfilment of the obligations of the client, shall be borne by the client. The extrajudicial costs amount to at least 15% of the amount due, with a minimum of € 225. BLOY is free to claim the actual extrajudicial costs. The client is not permitted to suspend payment.
If the client is in default with the payment of the invoice, BLOY has the right, without prejudice to the provisions of the previous paragraphs, to cease or suspend further execution of the work. BLOY also has the right to terminate the agreement in the event of said default without judicial intervention and to claim full (damage) compensation for the damage caused to BLOY by the attributable shortcoming by the client. This also includes the expenses, services, lost and yet to be lost income under the agreement.
If the client has any objections to (any part of) the invoice, he is obliged to notify BLOY of this in writing and in detail within 5 working days after the invoice date, failing which the right to object will lapse. An objection notified to BLOY does not entitle the client to suspend the payment obligation. If the objection is proven to be justified, BLOY will immediately issue a credit.
The client remains at all times (jointly and severally) liable for the fulfilment of all (payment) obligations arising from this agreement.
Payments by or on behalf of the client shall be used successively to pay the extrajudicial collection costs owed by him, the legal costs, the interest owed by him and then, in order of age, the outstanding principal amounts, regardless of any instructions to the contrary from the client.
Third party costs may be charged immediately upon receipt of invoices unless it has been expressly agreed that these are included in the agreed fee.

Article 11 – Cancellations/termination of treatments

Appointments that are cancelled by the client 24 hours or less before the appointment in question, or if the client does not show up, will be charged in full by BLOY. Unless proven otherwise, BLOY's administration serves as full proof that the appointment in question was made.
At an appointment, reserved time is reserved especially for the client. If the client is late for the appointment, this time will be deducted from the treatment time. However, the costs for a full treatment will be charged.
In the event of termination, BLOY will make reasonable efforts to limit these costs as much as possible.
In the event of premature termination of the treatments offered by BLOY, BLOY offers the option of exchanging without obligation. This gives clients the opportunity to exchange a treatment credit that has not yet been fully used for another treatment or for products offered by us via a credit note to be provided by us.
It is not possible to refund payments already made for treatments or to credit outstanding invoices for requested treatments.
Products purchased in the store can be exchanged in the clinic within 14 days of purchase, with proof of purchase. If these are not exchanged, BLOY will not return the purchase value but will provide a credit note for the value of the purchase amount upon return.
The Client has the right to cancel her online order up to 14 days after receipt without giving any reason, provided that the seal of the products has not been broken. If the seal is broken, the order is final and can no longer be returned. If the Client exercises her right of withdrawal, she has another 14 days after cancellation to return the product. The costs for returning from your home to the webshop are at your own expense. If the Client exercises her right of withdrawal, the product with all accessories supplied and - if reasonably possible - in the original condition and packaging will be returned to BLOY. To exercise this right, you can contact us via info@bloyinstitute.com. BLOY will then refund the order amount due within 14 days after notification of the return, provided that the product has already been returned in good order.

Article 14 – Liability

If BLOY is liable, this liability is in any case limited to a maximum of the amount paid out by the liability insurer in a given case.
If the insurer does not pay out in any case, or the damage is not covered by the insurance, BLOY's liability is limited to the amount of the invoice. Rights to compensation due to liability expire after 1 year after the event causing the damage occurred.
BLOY is only liable for physical and/or material damage that directly arises during the performance of the agreed services and which damage is the direct result of a shortcoming in the performance of the agreement attributable to BLOY.
BLOY is not liable for damage of any nature whatsoever arising from BLOY having acted on the basis of incorrect and/or incomplete information provided by or on behalf of the Client.
BLOY is not liable for damages to third parties. When concluding an agreement with BLOY, the Client is always expected to indemnify BLOY against this.
BLOY shall never be liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation.
BLOY is in no way liable for any direct or indirect damage resulting from or related to (the use of) the information provided or services provided by BLOY, unless otherwise provided by law.
The client is liable for compensation for any damage suffered by BLOY as a result of a failure by the client or the principal to fulfil their obligations under this agreement.
References to other websites, apps or companies are only for the information of the respective reader. Any liability regarding websites, apps or companies that are not directly affiliated with BLOY is rejected.
If, for the purpose of executing the treatment agreement, services are provided in a clinic that is not a party to this agreement, this clinic will be jointly liable for any shortcoming as if it were itself a party to the treatment agreement.
The client is liable for compensation for any damage suffered by BLOY as a result of a failure by the client or the principal to fulfil their obligations under this agreement.
If the client demonstrates and, if necessary, proves that the shortcoming cannot be attributed to him or the client, he shall not be liable for the damage referred to in the previous paragraph, except to the extent that there is a benefit as referred to in Article 6:78 of the Dutch Civil Code.

Article 15 – Obligation to make efforts

BLOY has an obligation of effort and not an obligation of result with respect to the clients it treats. In good consultation with the client and/or principal, it will make every effort to achieve the desired result insofar as this is medically feasible and responsible. BLOY accepts no liability in the event that, despite exercising the utmost care, the result proves to be unachievable. This is in accordance with applicable case law and regulations.

Article 16 – Force Majeure

BLOY is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, a legal act or generally accepted views.
In the event of force majeure, BLOY shall not be liable for any resulting damage.
Force majeure is understood to mean, among other things: all external causes, foreseen or unforeseen, which BLOY cannot influence, but which prevent BLOY from fulfilling its obligations. In any case (but not exclusively) this includes fire, flooding, war, natural disasters and other exceptional weather conditions, strikes, government measures and non-delivery by suppliers.
Parties may suspend their obligations under the agreement during the period that force majeure continues. If this period lasts longer than two weeks, either party is entitled to terminate the agreement without any obligation to compensate the other party for damages.
If BLOY has already partially fulfilled its obligations under the agreement at the time the force majeure occurs or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, BLOY is entitled to separately invoice the part that has already been fulfilled or is yet to be fulfilled. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 17 – Retention of title

BLOY retains ownership of the delivered goods until the full purchase price has been paid.

Article 18 – Indemnification

The Client indemnifies BLOY against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is other than that attributable to BLOY. If BLOY is approached by third parties on this basis, the Client is obliged to assist BLOY both out of court and in court and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, BLOY is entitled to take such measures itself, without notice of default. All costs and damage incurred by BLOY and third parties as a result thereof shall be entirely for the account and risk of the Client.

Article 19 – Personal data and confidentiality

BLOY complies with privacy legislation and uses a Privacy Statement that can be found on the website bloyinstitute.nl . BLOY uses the personal data made available to it exclusively for purposes that are known to the Client and customer in advance and ensures adequate security.
No personal or medical information about the client will be provided to third parties, including the Client, without the client's explicit prior written consent.
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 the treatment agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information.
If, on the basis of a statutory provision or a court ruling, BLOY is obliged to provide confidential information to third parties designated by law or the competent court, and BLOY cannot invoke a statutory right of refusal or a right of refusal recognised or permitted by the competent court, BLOY shall not be obliged to pay damages or compensation and the other party shall not be entitled to terminate the agreement on the grounds of any damage arising as a result.
Client and/or customer agrees to any storage of personal data provided and to be provided in an electronic file (such as the EPD) and the mailing file of BLOY. The registered data can be used for various purposes, such as the realization of statistics, administration of treatments or purchases. In such cases, BLOY will ensure that the information used cannot be traced back to the individual client.
The client, customer or the person entitled to the data shall at all times retain the right to request free access to and/or a copy of this data from BLOY. In addition, the client, customer or the person entitled shall have the right to correct and delete the data, or to withdraw or limit the permission granted to process the data. They shall also have the right to transfer this data to a third party designated by them (data portability). To this end, you must submit a written request to the Data Protection Officer of BLOY via info@BLOYinstitute.nl. For more information about BLOY's privacy policy, they refer to the website BLOYinstitute.nl .

Article 20 – Complaints procedure

BLOY has a complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the treatment agreement must be submitted to BLOY in a timely, complete and clearly described manner after the client and/or customer has discovered the defects.
Complaints submitted to BLOY will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, BLOY will answer immediately.
with an acknowledgement of receipt and an indication of the period within which a more detailed response can be expected.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Disputes between the client and/or the client on the one hand and BLOY on the other hand regarding the conclusion or execution of the treatment agreement can be submitted in writing or electronically to the Disputes Committee ( degeschillencommissie.nl ) by both the client and/or the patient and by BLOY.
The Client and BLOY agree to first make an effort to resolve the dispute together before submitting it to the dispute committees.
A dispute must be submitted to the Disputes Committee within three months of its occurrence.
Disputes can only be submitted for settlement to the Dispute Committees mentioned above or to the court.
In accordance with Article 108 of the Code of Civil Procedure, the (subdistrict) judge in the Amsterdam District Court shall have exclusive jurisdiction in all possible disputes. Parties shall only appeal to the judge after they have made every effort to settle a complaint by mutual agreement.
Dutch law applies to all legal relationships between BLOY and the client.

Article 21 – Amendment of the General Terms and Conditions

BLOY is free to amend these GTC at any time. An amendment shall invalidate all previous versions: the version applicable at the time the agreement was concluded shall always apply.

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General terms and conditions