Terms and Conditions of Delete Professionals in Waxing
General Terms and Conditions of the Beauty and Personal Care Sector
AV CZ/91 december 2009 These General Terms and Conditions of ANBOS, ANKO and ProVoet have been concluded in consultation with the Consumers’ Association (Consumentenbond) within the framework of the Coordination Group of Self-Regulation Consultations (Coördinatiegroep Zelfreguleringsoverleg or CZ) of the Social and Economic Council (Sociaal-Economische Raad) and will take effect on 1 January 2010. ARTICLE 1 – Definitions ARTICLE 2 – Applicability ARTICLE 3 – Formation of the agreement ARTICLE 4 – Obligations of the proprietor ARTICLE 5 – Obligations of the customer ARTICLE 6 – Delete Deal ARTICLE 7 – Payments ARTICLE 8 – Liability ARTICLE 9 – Complaints ARTICLE 10 – Settlement of disputes ARTICLE 11 – Performance bond ARTICLE 12 – Amendments ARTICLE 13 – Deviations
ARTICLE 1 – Definitions
In these General Terms and Conditions the following words shall have the following meaning: : a natural or legal person who is registered with the HBA and the Foundation for Consumer Complaints Boards (Stichting Geschillencommissie Consumentenzaken), who may or may not be a member of one of the sector organisations of ANBO, ANKO or ProVoet and is operating in the Beauty and Personal Care sector; : Central Industry Board for Skilled Trades (Hoofdbedrijfschap Ambachten) in Zoetermeer; : Dutch Trade Organisation for the Beauty and Personal Care sector (Algemene Nederlandse Brancheorganisatie Schoonheidsverzorging) in Utrecht; : Royal Dutch Hairdressers Association (Koninklijke Algemene Nederlandse Kappersorganisatie)in Huizen; : National Footcare Association (Landelijke Organisatie voor de Voetverzorger/Pedicure ‘ProVoet’ ) in Veenendaal; : a natural person who, other than in the execution of his profession or business, makes use of the services of one of the members of the organisations in the Beauty and Personal Care sector; : the agreement entered into for the treatment and/or supply of beauty and personal care products; : hairdressing salons, beauty salons or foot-care salons; : an establishment providing haircuts and other treatment for the hair of the head; : an establishment providing foot care and treatment for the skin and nails of the feet, also for prevention of foot problems. : het bedrijf dat behandelingen verricht die gericht zijn op de verzorging van de voet, voethuid en nagels, mede uit oogpunt van voorkoming van voetklachten; : the Disputes Committee for the Beauty and Personal Care sector (Geschillencommissie Uiterlijke Verzorging), Bordewijklaan 46, P.O. Box 90600, 2509 LP The Hague; : the codes of the beauty salon, hairdressing salon or foot care salon, or the ‘Code of the Beautician’, ‘Code of the Hairdresser’ and ‘Code of the Foot Care Salon’.
ARTICLE 2 – Applicability
These General Terms and Conditions shall apply to the formation and execution of all the agreements in the Beauty and Personal Care sector drawn up between proprietors and customers.
ARTICLE 3 – Formation of the agreement
1. The agreement shall become effective when the customer has made a request for treatment and the proprietor has indicated that he will carry out this treatment. 2. Before, or at the beginning of each treatment or series of treatments the proprietor should inform the customer of the price thereof. There will be no interim price increase if a price has been agreed for a series of treatments. 3.Cancellation provisions, if applicable, shall be made known to the customer before the conclusion of the agreement.
ARTICLE 4 – Obligations of the proprietor
1. The proprietor guarantees that the treatments provided meet the provisions of the agreement and are executed using good quality ingredients and substances and with the proper level of care as befits a good and careful professional. 2. The proprietor shall inform the customer of the nature and scope of the treatment, of the results which might reasonably be expected, and any possible risks attached to the treatment. The proprietor shall ask the customer for information which may be relevant for the proper execution of the treatment. 3. The proprietor shall be expected to work in accordance with the applicable legislation and regulations and state of the art, as stipulated in the related sector codes issued by the HBA. 4. The proprietor shall not carry out any treatments outside his professional area of competence.
ARTICLE 5 – Obligations of the customer
1. The customer shall inform the proprietor of any specific wishes before entering into the agreement 2. The customer is obliged to provide the proprietor with all information required by the proprietor and necessary for him to execute the agreement properly.
ARTICLE 6 – Delete Deal
1. The customer may enter a Delete Deal at Delete at any time; this will always be for the duration of one year. After the first subscription period the Delete Deal will be automatically renewed for a period of one year and may be terminated at one month’s notice. 2. All amounts shall be due and payable in advance. Payment of the Delete Deal in cash is not possible. Payment in instalments is only possible if effected through direct debit. 3. If the payment of the amount is overdue, because of a debit balance for instance, or because the payment instruction is cancelled for any reason, the customer will be charged an amount of € 15 each time to cover administrative costs. If the amount due is not paid within 15 calendar days, the customer will be given a final opportunity to provide a credit balance or to pay the amount due himself. If payment is not made 4 weeks after it has become due and payable, the claim will be passed on for collection. The costs attached to this action shall be borne by the customer. 4. The Delete Deal can be blocked for as long as a customer fails to meet his payment obligations. The customer can be refused entry to the salon. The proprietor shall have the right to terminate the Delete Deal with the customer in case of payment arrears without releasing the customer from the obligation to pay and without prejudicing the proprietor’s right to the recovery of any damages that he has incurred. 5. The proprietor reserves the right to apply interim price changes. Customers shall be informed of a price change at least 2 months before it is made. If the price increases by more than 10% the customer shall be entitled to terminate his Delete Deal with immediate effect by notifying the proprietor in writing. 6. A Delete Deal is personal and not transferable.
ARTICLE 7 – Payments
1. Payments to the proprietor must be made in cash with legal Dutch tender. Cash payment also includes payment by transfer of the amount due to a bank, or giro account specified by the proprietor at the time of the purchase or supply, or payment using electronic payment methods which are accepted by banks. 2. For a series of treatments, the proprietor can impose the obligation on the customer to make an advance payment of a maximum of fifty percent of the total price. The balance of the total price will be charged after the completion of the series of treatments.
ARTICLE 8 – Liability
1. The proprietor shall be liable to the customer for any damage which is caused by a shortcoming which is attributable to the proprietor or to one of his employees or trainees. The liability shall be limited, however, to the amount of the claim which will be paid by the proprietor’s insurer. 2. The customer shall be liable to the proprietor for any damage sustained by the proprietor which is caused by a shortcoming which is attributable to the customer.
ARTICLE 9 – Complaints
1. It is highly recommended that the proprietor is informed, in writing or by electronic means, of any shortcomings, immediately after said shortcomings are discovered or could have been discovered. Delaying a complaint may have adverse effects on the assessment of the evidence provided by the customer. 2. The proprietor must make a thorough investigation of complaints. If possible, the proprietor will rectify any shortcomings within a reasonable period of time, unless he cannot be reasonably expected to do so because of the circumstances of the case. 3. If it is not possible to find a satisfactory solution for the complaint in joint consultation, then the dispute which has arisen can be submitted to the Disputes Committee.
ARTICLE 10 – Settlement of disputes
1. Both the customer and the proprietor can submit disputes which have arisen between them about the conclusion or execution of the agreements to the Disputes Committee (www.degeschillencommissie.nl). 2. A dispute will not be processed by the Disputes Committee until after the customer has first submitted the complaint to the proprietor. 3. After the complaint has been submitted to the proprietor, the dispute should be submitted to the Disputes Committee no more than 3 months after the complaint has arisen. 4. If the customer submits a dispute to the Disputes Committee, the proprietor shall be bound by this decision. If the proprietor wants to submit a dispute to the Disputes Committee, he should ask the customer, within a period of five weeks, to let him know whether he agrees to this. The proprietor should also announce that he considers himself to be free to submit the dispute to court after expiry of the above period. 5. The Disputes Committee will settle the dispute pursuant to the provisions of the applicable regulations. The decisions of the Disputes Committee will be taken by making binding opinions on the grounds of said regulations. A set of the regulations will be sent on request. A fee shall be payable for a dispute to be processed. 6. The court and the above-mentioned Disputes Committee shall have exclusive jurisdiction to hear disputes.
ARTICLE 11 – Performance Bond
1. ANBOS, ANKO and ProVoet shall guarantee that the binding opinions will be adhered to by their members, unless a member decides to submit the binding opinion to the court for a review, within a period of 2 months of it being sent. If, after review by the court, the binding opinion is maintained and the judgment in which this is stated is made final and conclusive, then this guarantee shall be revived. 2. ANBOS, ANKO or ProVoet shall pay a maximum amount of € 7,500 to the customer for each binding opinion. If the amount for a binding opinion exceeds € 7,500, the customer will be paid this amount and offered the option of passing on the claim for the surplus amount to ANBOS, ANKO or ProVoet. Subsequently, these organisations will claim the surplus amount in legal action, in their own name, on behalf the customer. 3. ANBOS, ANKO or ProVoet will not provide a performance bond if one of the following situations arises before the customer has met certain formal collection requirements ( payment of complaints contribution, return of completed and signed questionnaire and payment of deposit, if any) required to process the dispute: – the member has been granted a moratorium on payments – the member has gone into liquidation – the business operations have actually been terminated. The decisive factor in this case is the date on which the termination of the business was registered in the Commercial Register or whether it was an earlier date, which ANBOS, ANKO or ProVoet can use to make a plausible case for the termination of the business activities.
ARTICLE 12 – Amendments
ANBOS, ANKO and ProVoet will only make amendments to these General Terms and Conditions in consultation with the Consumers’ Association.
ARTICLE 13 – Deviations
Individual stipulations which deviate from these General Terms and Conditions, including individual additions, must be agreed on in writing, or electronically, between the proprietor and the customer. Deviations shall only be possible if they are beneficial to the customer.