General terms and conditions

These General Terms and Conditions (GTC) apply to all communications, services, products and materials of BLOY Institute (BLOY) and all associated (whether or not exempted) medical and cosmetic consultants. Where specific agreements are concluded, such as treatment agreements with clients, these GTC shall be deemed to form part thereof.

 

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

 

Article 1 – Definitions GTC

 

In these GTC, the following definitions apply;

1. Bloy: all beauty specialists/therapists working for BLOY and who conclude the treatment agreement with the client.
2. Client: the person who, for themselves or for a specific third party, concludes a treatment agreement with BLOY.
3. 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.
4. Products: products used and supplied by BLOY.
5. Patient: the person or individual to be diagnosed or treated, who undergoes a treatment by virtue of an assignment from a client. This may not always be the same person as the client.
6. Treatment agreement: These General Terms and Conditions apply to the formation and execution of all agreements in the personal care industry between the entrepreneur and the consumer.
7. Dispute committees: www.anbos.nl

 

Article 2 – General

 

1. These General Terms and Conditions apply to the formation and execution of all agreements in the personal care industry between BLOY and the consumer.
2. For the provision of the service, BLOY may involve third parties, which it may select and contract, if good performance of the agreement requires this. No prior permission from the client is required for this.
3. These conditions also apply to all agreements with the client for which BLOY needs to involve third parties for execution.
4. These conditions apply to every quote and agreement between BLOY and the client. Deviations from this may only be made by written agreement.
5. Deviations from these GTC are only valid if they are recorded in writing in an agreement to that effect between BLOY and the client.
6. BLOY shall ensure that the deviations are recorded and provide the client or the patient with a copy thereof.
7. The client waives the applicability of his or her General Terms and Conditions, to the extent applicable.
8. The applicability of any purchasing or other conditions of the client is expressly excluded.
9. If one or more provisions in these conditions are void or may be annulled, the remaining provisions of these conditions shall remain fully applicable. BLOY and the client shall then enter into consultation to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provision.
10. If there is any uncertainty regarding the interpretation of one or more provisions of these conditions, the interpretation shall be based on the spirit of these provisions.
11. If a situation arises between the parties that is not covered by these conditions, this situation shall be assessed in accordance with the spirit of these conditions.
12. BLOY shall take reasonably practicable measures to prevent damage to or loss of the patient's property.
13. The patient must take the necessary care themselves to
    prevent damage to or loss of his or her property.
14. BLOY accepts no liability for damage to or loss of the property of clients or patients. This also applies to property left behind.

 

Article 3 – Prior permission

 

1. For procedures carried out in the execution of a treatment agreement, the patient's permission is required.
2. If the patient wishes, BLOY shall record in writing for which procedures permission has been obtained and provide the patient with a copy thereof.
3. If the patient is younger than 12 years, his or her permission is not required, but the permission of the parents who exercise parental authority over him or her, or of his or her guardian.
4. If the patient is 12 years or older, but younger than 16 years, the permission of the patient is required, in addition to the permission of the parents who exercise parental authority over him or her, or of his or her guardian. The procedure may only be carried out without this permission if it is clearly necessary to prevent serious harm to the patient or if the patient continues to desire the procedure after permission has been refused.

 

Article 4 – The treatment agreement

 

1. The treatment agreement is concluded when the client gives BLOY the assignment to perform cosmetic treatments and procedures.
2. Before entering into the treatment agreement, the client must have reached the age of 18, regardless of the patient's age.
3. The client is liable for the obligations arising from the treatment agreement he or she has entered into.
4. If BLOY makes use of a third party for the performance of medical cosmetic treatments, BLOY shall make it known that it concerns a third party not affiliated with BLOY. The patient then concludes 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.
5. Before concluding the treatment agreement, the client and/or the patient shall be informed orally and, if desired, in writing by BLOY about:
   a. the intake procedure;
   b. the (intended) results and (possible) consequences of the treatment;
   c. alternatives to the treatment;
   d. the price of the treatment, the possibilities regarding insurance and the time(s) and method of payment;
   e. the time(s) and place of treatment;
   f. the cooling-off period, so that a well-considered decision can be made;
   g. the actions to be taken after concluding the treatment agreement;
   h. if applicable: which BLOY will actually perform the treatment (or treatments)
   or be involved in the performance of the treatment agreement;
   i. the information/instructions for the patient, to be followed prior to the treatment;
   j. the instructions for guidance, care, transport and accessibility;
   k. the instructions for the patient before and after the treatment, including the symptoms for which the patient must contact BLOY and details of the person with whom the patient must contact;
   l. the accessibility of the organization if complications occur outside working hours;
   m. these GTC, which shall be provided to the patient directly during the intake procedure or in any case before the start of the first treatment. At the patient's request, the GTC may also be provided to him or her at any other time prior to the first treatment.
   n. By starting the treatment, the patient declares to have read these GTC and to agree to everything stipulated therein.
6. 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 quotes (including appendices, documentation, images, etc.) are made orally or in writing and are non-binding, unless they contain a deadline for acceptance, in which case the offer expires after the expiry of this deadline. Offers cannot be combined with a loyalty program or other discount programs or promotions.

 

Article 6 – Performance of the agreement

 

1. BLOY shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of a good contractor.
2. The Client shall ensure that all data, which BLOY indicates are necessary or which the Client should reasonably understand to be necessary for the performance of the agreement, are provided to BLOY in a timely manner. If the data required for the performance of the agreement are not provided in a timely manner, BLOY has the right to suspend the performance of the agreement and/or charge the Client the additional costs resulting from the delay at the usual rates.
3. The data mentioned in two above also includes the presentation of a valid proof of identity. Every patient must always be able to identify himself or herself upon BLOY's first request with a legally recognized form of identification. If a patient cannot show such proof of identity upon request, BLOY is entitled to suspend the treatment agreement.
4. BLOY is not liable for damage, in whatever form, resulting from incorrect and/or incomplete data provided by the Client, unless this inaccuracy or incompleteness should have been discoverable by BLOY.
5. If the agreement entails an obligation for the client to provide certain data, whether printed, written or provided in any other way, BLOY shall accept this data exclusively for internal use. BLOY shall treat such data as strictly confidential and shall never disclose it, in whole or in part, to anyone other than the person to whom the data relate, nor use it as evidence in any (legal) proceedings. The data may not be reproduced, in whole or in part, or multiplied in any other way.
6. The Client who is not also a patient is obliged to ensure that the storage and use of reports prepared by BLOY are such that they comply with the government regulations applicable at any given time.
7. If, due to circumstances not attributable to BLOY, a planned assignment arising from the agreement cannot be performed, the Client is nevertheless obliged to pay the associated costs to the entrepreneur.
8. 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 – Performance of the agreement, suspension and dissolution

 

1. The agreed services shall be deemed suspended as soon as and for as long as the client is in default of payment of any amount due, or with the continuous provision of up-to-date data, or as long as BLOY is prevented by force majeure from fulfilling its obligations, without the client having any right to compensation for damage, costs and/or interest on this basis.
2. Exceeding the agreed period within which BLOY must have performed the agreed services shall never entitle the Client to compensation for damages, dissolution of the agreement or non-performance of any obligation, if force majeure is involved and/or if expressly agreed otherwise.
3. BLOY is entitled to suspend the performance of the obligations or to dissolve the agreement, without notice of default, if:
   a. The client does not or does not fully perform the obligations arising from the agreement.
   b. After concluding the agreement, BLOY has good reason to fear that the client will not or will not fully perform the obligations. In case there is good reason to fear that the client will not or will only partially perform the obligations, suspension is only permitted to the extent that the default justifies it.
   c. The client was requested to provide security for the fulfillment of his or her obligations arising from the agreement upon concluding the agreement, and this security is missing or the Client does not sufficiently fulfill it.
4. Furthermore, the entrepreneur is entitled to (have) the agreement dissolved if circumstances arise of such a nature that performance of the agreement is impossible or can no longer be required in accordance with the standards of reasonableness and fairness, or if circumstances arise of such a nature that the continued maintenance of the agreement cannot reasonably and fairly be expected.
5. If the agreement is dissolved, BLOY's claims against the Client shall become immediately due and payable. If BLOY suspends the performance of the obligations, it retains its claims under law and agreement.
6. BLOY always retains the right to claim compensation for damages.

 

 

 

 

 

Article 8 – Intellectual Property Rights

 

1. Nothing from BLOY's communications, services, products and/or materials may be copied or otherwise reproduced, digitally or analogously, without prior granted, express written permission.
2. Permission is granted exclusively by BLOY and can therefore be requested via info@BLOYinstitute.com.

 

Article 9 – Fee, rates and rate adjustments

 

1. 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.
2. All rates are inclusive of levies imposed by the government, exclusive of additional (dis)costs, unless expressly agreed otherwise.
3. If, after the conclusion of the agreement, one or more cost factors undergo an increase – even if this occurs due to foreseeable circumstances – BLOY reserves the right to increase the agreed price accordingly, stating the basis and calculation method.
4. BLOY may increase the fee when, during the performance of the work, it appears that the originally agreed or expected amount of work was underestimated to such an extent when concluding the agreement and that this is not attributable to BLOY, that it cannot reasonably be expected that BLOY performs the agreed work for the originally agreed fee.
5. BLOY shall promptly confirm the rate change or increase referred to in paragraphs 3 and 4 of this article to the client in writing, stating the scope and the date on which the change or increase will take effect.

 

Article 10 – Payment

 

1. Payment for the delivered services and/or products shall 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.
2. Payment of other invoices to BLOY must be made within 14 days of the invoice date in the manner indicated by BLOY. By the mere fact that BLOY has not received the full amount of the invoice on the due date of the invoice, it is in default without any prior demand or notice of default being required.
3. If the patient is eligible for a contribution from a health insurer, he or she must claim the incurred costs themselves afterwards.
4. In case of late payment, all payment obligations of the client shall become immediately due and payable. In case of liquidation, bankruptcy, statutory debt restructuring, seizure or suspension of payment by the client, BLOY's claims shall become immediately due and payable.
5. The client owes interest from the due date of the invoice on whatever BLOY is legally entitled to claim from him or her – without further notice or notice of default. This interest is charged monthly on this amount, calculated on the basis of 1/12 of the Euribor + 1%, where a part of the month is counted as a full month.
6. If the client does not fulfill his or her obligations within the agreed period, he or she is in default without any prior demand or notice of default being required. The Client cannot invoke set-off. For every day, month or part of a month in which the client is in default of payment of the invoice, the invoice amount is increased by operation of law by the contractual interest of 1% per month (12% per year), unless the statutory interest is higher, in which case the statutory interest applies. The interest on the payable amount shall be calculated from the moment the client is in default until the moment the full amount has been paid.
7. All judicial and extrajudicial costs incurred by BLOY in the context of the collection of a claim against the client, arising from non-performance of the client's obligations, are for the account of 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 allowed to suspend payment.
8. If the client is in default of payment of the invoice, BLOY has the right, without prejudice to the provisions of the preceding paragraphs, to cease further performance of the work or to suspend it. BLOY also has the right to rescind the agreement without judicial intervention in the event of such default and to claim full compensation for any loss or damage caused to BLOY by the client's attributable breach of contract. This also includes any expenses yet to be incurred, services yet to be provided, and lost or future lost income arising from the agreement.
9. If the client has any objections to any part of the invoice, they must notify BLOY in writing and specify these objections within 5 working days of the invoice date, failing which the right to object shall lapse. An objection raised with BLOY does not entitle the client to suspend payment. If the objection is found to be justified, BLOY will promptly issue a credit note.
10. The client remains at all times (jointly and severally) liable for the performance of all payment obligations arising from this agreement.
11. Payments made by or on behalf of the client shall be applied successively to the payment of any extrajudicial collection costs due by the client, then to any legal costs, then to any interest due by the client, and thereafter to the outstanding principal amounts in order of their due date, notwithstanding any indication to the contrary by the client.
12. Third-party costs may be immediately charged upon receipt of invoices unless it has been expressly agreed that they are included in the agreed fee.

 

Article 11 – Cancellations/ Termination of Treatments

 

1. Appointments cancelled by the client 24 hours or less before the scheduled time, or for which the client does not attend, will be charged in full by BLOY. Unless proven otherwise, BLOY's records shall constitute full proof that the appointment in question was made.
2. For each appointment, time is reserved exclusively for the client. If the client arrives late for the appointment, this time will be deducted from the treatment time. However, the cost of a full treatment will still be charged.
3. In the event of cancellation, BLOY will make reasonable efforts to limit these costs as much as possible.
4. If a treatment offered by BLOY is terminated prematurely, BLOY may, at its discretion, offer the option to exchange it. This allows clients to exchange an unused treatment balance for another treatment or for products offered by BLOY by means of a credit note provided by BLOY.
5. Refunds of payments already made for treatments or credits for outstanding invoices for requested treatments are not possible.
6. Products purchased in the store may be exchanged in the clinic within 14 days of purchase, provided proof of purchase is presented. If they are not exchanged, BLOY will not refund the purchase price but will issue a credit note for the purchase price upon return.
7. The client has the right to cancel their online order without giving any reason within 14 days of receipt, provided the seal on the products has not been broken. If the seal is broken, the order is final and cannot be returned. If the client exercises their right of withdrawal, they must return the product within a further 14 days after cancellation. The return shipping costs from the client's home to the online store are for the client's account. If the client exercises their right of withdrawal, the product must be returned to BLOY with all supplied accessories and, where reasonably possible, in its original condition and packaging. To exercise this right, you can contact us at info@bloyinstitute.com. BLOY will then refund the outstanding order amount within 14 days of receiving the return, provided the product has already been received back in good condition.

 

Article 14 – Liability

 

1. If BLOY is liable, such liability shall in any event be limited to the maximum amount payable by the liability insurer in the event in question.
   If the insurer does not pay out in any event, or if the damage is not covered by the insurance, BLOY's liability shall be limited to the amount of the invoice. Claims for compensation based on liability expire 1 year after the event causing the damage occurred.
2. BLOY is only liable for physical and/or material damage that has arisen directly from the performance of the agreed services and which is a direct consequence of an attributable breach by BLOY of its obligations under the agreement.
3. BLOY is not liable for damage of any kind arising from BLOY relying on incorrect and/or incomplete information provided by or on behalf of the client.
4. BLOY is not liable for damage to third parties. By entering into an agreement with BLOY, the client shall at all times be deemed to indemnify BLOY against such claims.
5. BLOY shall never be liable for indirect damage, including consequential loss, lost profits, lost savings and loss caused by business interruption.
6. BLOY shall in no way be liable for any direct or indirect damage resulting from or related to (the use of) the information provided or services delivered by BLOY, unless otherwise provided by law.
7. The client is liable for compensating BLOY for any loss or damage suffered as a result of a breach by the client or the client's representative of their obligations under this agreement.
8. References to other websites, apps or companies are for the sole information of the reader. BLOY disclaims any liability in respect of websites, apps or companies that are not directly affiliated with BLOY.
9. If, for the purpose of performing the treatment agreement, services are performed in a clinic that is not a party to this agreement, that clinic shall be jointly liable for any breach as if it were itself a party to the treatment agreement.
10. The client is liable for compensating BLOY for any loss or damage suffered as a result of a breach by the client or the client's representative of their obligations under this agreement.
11. If the client demonstrates and, if necessary, proves that the breach cannot be attributed to them or the client, they shall not be liable for the damage referred to in the preceding 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 of Best Efforts

 

BLOY has an obligation of best efforts towards its treated clients and no obligation to achieve a specific result. In close consultation with the client and/or client's representative, BLOY will make every possible effort to achieve the desired result, provided that this is medically feasible and responsible. BLOY accepts no liability if, despite exercising the utmost care, the desired result proves unattainable. This is in accordance with current case law and regulations.

 

Article 16 – Force Majeure

 

1. BLOY shall not be obliged to perform any obligation towards the client if it is prevented from doing so as a result of circumstances not attributable to its fault, nor arising from law, a legal act or generally accepted principles.
2. In the event of force majeure, BLOY shall not be liable for any damage arising therefrom.
3. Force majeure includes, among other things, all external causes, whether foreseeable or not, over which BLOY has no control, and which prevent BLOY from fulfilling its obligations. This includes, but is not limited to, fire, flood, war, natural disasters, exceptional weather conditions, strikes, government measures and non-delivery by suppliers.
4. During the period of force majeure, the parties may suspend their obligations under the agreement. If this period lasts longer than two weeks, either party is entitled to rescind the agreement without being obliged to compensate the other party for any loss or damage.
5. To the extent that BLOY has already partially performed its obligations under the agreement at the time force majeure occurs, or will be able to perform them, and the performed or to-be-performed part has an independent value, BLOY is entitled to invoice the performed or to-be-performed part separately. 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 supplied goods until the full purchase price has been paid.

 

Article 18 – Indemnity

 

The client shall indemnify BLOY against any claims by third parties for loss or damage suffered in connection with the performance of the agreement, where the cause is other than that attributable to BLOY. If BLOY is sued by third parties on this basis, the client is obliged to assist BLOY both out of court and in court and to do everything that may be expected of it in such circumstances without delay. If the client fails to take adequate measures, BLOY is entitled, without notice of default, to take such measures itself. All costs and damage incurred by BLOY and third parties as a result shall be borne by the client, who shall also bear the risk.

 

Article 19 – Personal Data and Confidentiality

 

1. BLOY complies with privacy legislation and maintains a Privacy Statement, which can be found on the website bloyinstitute.com. BLOY uses the personal data made available to it exclusively for purposes that are known beforehand to the client and client's representative and ensures adequate security.
2. No personal or medical information about the client shall be disclosed to third parties, including the client's representative, without the client's express prior written consent.
3. The parties are obliged to keep all confidential information they have obtained from each other or from other sources in the context of the treatment agreement confidential. Information is considered confidential if it has been disclosed by the other party or if it follows from the nature of the information.
4. If, pursuant to a statutory provision or a court ruling, BLOY is obliged to disclose confidential information to third parties designated by law or the competent court, and BLOY cannot rely on a statutory or by the competent court recognized or permitted right of excuse, BLOY shall not be obliged to pay compensation or provide indemnification, and the other party shall not be entitled to rescind the agreement on the grounds of any damage caused thereby.
5. The client and/or client's representative agree to the storage of provided and to-be-provided personal data in an electronic file (such as the EPD) and BLOY's mailing list. The registered data may be used for various purposes, such as compiling statistics, administering treatments or purchases. In such cases, BLOY will ensure that the information used cannot be traced back to the individual client.
6. The client, client's representative or the data subject shall at all times have the right to request free access to and/or a copy of this data from BLOY. In addition, the client, client's representative or data subject has the right to correct and delete the data, or to withdraw or restrict the consent given for the processing of the data. They also have the right to transfer the data to a third party designated by them (data portability). To do this, you must submit a request in writing to BLOY's Data Protection Officer via info@BLOYinstitute.com. For more information about BLOY's privacy policy, please refer to the website BLOYinstitute.com.

 

Article 20 – Complaints Procedure

 

1. BLOY has a complaints procedure and will handle the complaint in accordance with this procedure.
2. Complaints about the performance of the treatment agreement must be submitted to BLOY in a timely, complete and clear manner after the client and/or client's representative has identified the deficiencies.
3. Complaints submitted to BLOY will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, BLOY will respond immediately
   with an acknowledgment of receipt and an indication of the period within which a more detailed response can be expected.
4. If the complaint cannot be resolved through mutual consultation, a dispute will arise that is subject to the dispute resolution procedure.
5. Disputes between the client and/or client's representative on the one hand and BLOY on the other regarding the conclusion or performance of the treatment agreement may be brought by the client and/or patient as well as by BLOY, either in writing or electronically, before the Disputes Committee (degeschillencommissie.nl).
6. The client and BLOY agree to first make every possible effort to resolve the dispute together before submitting it to the Disputes Committees.
7. A dispute must be brought before the Disputes Committee within three months of its arising.
8. Disputes may be submitted for resolution exclusively to the Disputes Committees mentioned above or to the court.
9. Subject to Article 108 of the Dutch Code of Civil Procedure, the (subdistrict) court in Amsterdam shall have exclusive jurisdiction over all possible disputes. The parties shall only resort to the court after they have made every possible effort to resolve a complaint through mutual consultation.
10. Dutch law applies to all legal relations between BLOY and the client.

 

Article 21 – Amendment of the General Terms and Conditions

 

1. BLOY is at all times free to amend these General Terms and Conditions. Upon amendment, all previous versions shall lapse: the version that was in effect at the time the agreement was concluded shall always apply.