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SWISS ALLURE – TERMS AND CONDITIONS

Swiss Allure applies the following general terms and conditions.

Art. 1 Definitions

In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:

SWISS ALLURE: the private company Swiss Health Supplements B.V., with its main office at Rijksweg Zuid 206, 6134 AG Sittard, registered at the Chamber of Commerce under number 65912071, with its branch offices, as evident from the trade register. Hereinafter referred to as ‘we,’ ‘us,’ or ‘our.’

Client: any (legal) person who has entered into an agreement with our company or wishes to do so, their legal representative, authorized person, assignee, and heirs.

Agreement: the agreement between us and the client.

Consumer: A client who is a natural person and does not act in the course of a business or profession.

Art. 2 General

We engage in the provision of medical and/or cosmetic treatments on behalf of the client and, where applicable, the supply of associated items for the treatments.
All our offers, agreements, and their execution are exclusively governed by these terms and conditions. Deviations must be expressly agreed upon in writing with us.
These terms and conditions also apply to all agreements concluded with us, for the execution of which third parties need to be involved.
The applicability of the client’s general terms and conditions is explicitly rejected unless agreed otherwise in writing.
If one or more provisions in these general terms and conditions are declared void or nullified, the remaining provisions of these general terms and conditions remain fully applicable.

Art. 3 Offers/Quotations

  1. All offers made by us, in any form, are non-binding unless expressly stated otherwise.
  2. All quotations, unless indicated otherwise in the quotation, have a validity period of 30 days starting from the date of the quotation.
  3. We assume and the client is responsible for the accuracy and completeness of the information, specifications, (electronic) files, and other data provided to us, whether by or on behalf of the client, upon which we base our offer.
  4. The client is obliged to inform us of facts and/or circumstances that may affect the content of our offer and the execution of the agreement, to the extent they were aware of or should have been aware of them.
  5. Each offer contains information that makes it clear what the rights and obligations are that are associated with the acceptance of the offer. This includes, in particular:
    • The price, including taxes.
    • Any delivery costs.
    • How the agreement will be formed and what actions are required for that purpose.
    • The method of payment, delivery, or execution of the agreement.
  6. All work not mentioned in our offer is not part of the agreement and may result in a price increase.

Art. 4 Agreement

  1. Prior to concluding the treatment agreement, the client is informed by us about:
    • The intake procedure employed.
    • The intended results and potential consequences of the treatment.
    • The treatment’s price, insurance options, and payment methods and timings.
    • The time(s) and location of the treatment.
    • The cooling-off period for making an informed decision.
    • Pre-treatment instructions to follow.
    • Post-treatment instructions.
    • These General Terms and Conditions.
    • Our privacy policy.
  2. For the treatment, it is required that the participant completes and signs a medical intake form with a consent statement fully and truthfully.
  3. Based on the content of the (medical) intake form, we reserve the right to refuse the participant or the treatment without stating a reason.
  4. The agreement is formed when the client signs the consent/intake form and thereby provides an order, subject to the provisions in section 5.
  5. If the offer is accepted electronically, we confirm electronically the receipt of the acceptance of the offer, thus concluding the agreement.
  6. We may set conditions if communication between the parties or legal actions occur via email.
  7. If the agreement is established electronically, we take appropriate technical and organizational measures to secure the electronic data transmission and provide a secure web environment.
  8. We can, within legal frameworks, verify whether the client can meet their payment obligations and inquire about any facts or factors relevant for a responsible conclusion of the agreement.

Art. 5 Prices and Additional Work

  1. Prior to concluding the treatment agreement, the client is informed by us about:
    • The intake procedure employed.
    • The intended results and potential consequences of the treatment.
    • The treatment’s price, insurance options, and payment methods and timings.
    • The time(s) and location of the treatment.
    • The cooling-off period for making an informed decision.
    • Pre-treatment instructions to follow.
    • Post-treatment instructions.
    • These General Terms and Conditions.
    • Our privacy policy.
  2. For the treatment, it is required that the participant completes and signs a medical intake form with a consent statement fully and truthfully.
  3. Based on the content of the (medical) intake form, we reserve the right to refuse the participant or the treatment without stating a reason.
  4. The agreement is formed when the client signs the consent/intake form and thereby provides an order, subject to the provisions in section 5.
  5. If the offer is accepted electronically, we confirm electronically the receipt of the acceptance of the offer, thus concluding the agreement.
  6. We may set conditions if communication between the parties or legal actions occur via email.
  7. If the agreement is established electronically, we take appropriate technical and organizational measures to secure the electronic data transmission and provide a secure web environment.
  8. We can, within legal frameworks, verify whether the client can meet their payment obligations and inquire about any facts or factors relevant for a responsible conclusion of the agreement.

Art. 6 Payment, Interest, and Costs

  1. Payment of the invoice must be made immediately after the treatment through debit card, bank transfer, or cash payment.
  2. Regardless of whether an invoice is reimbursed by a health insurer, the client remains obliged to make full and timely payment of the invoice. Claims for reimbursement from the health insurer are the responsibility of the client. It is the client’s own risk as to whether and to what extent the health insurer reimburses the treatment.
  3. If the invoice is not paid in full after the treatment, a payment term of 14 days applies.
  4. If payment has not occurred within that period, the client is in default by operation of law, and from the invoice date, the statutory interest plus the contractual interest of 2% per (part of a) month is due on the (outstanding) amount. For consumers, the statutory interest applies. In addition, we also claim collection costs.
  5. All judicial and extrajudicial costs incurred will be borne by the client. The judicial costs also include all actual legal and procedural assistance costs incurred during legal proceedings, which exceed the legal fees of our legal services provider.
  6. The extrajudicial collection costs are invoiced in accordance with the “Decree on Compensation for Extrajudicial Collection Costs,” as mentioned in paragraph 4 of Article 6:96 of the Dutch Civil Code. For a client who is not a consumer, these collection costs amount to 15% of the principal amount due, with a minimum of €250.
  7. All payments made by the client primarily serve to satisfy any accrued interest and the collection costs, and then towards the oldest outstanding invoice(s). Without falling into default, we can refuse an offer of payment if the client specifies a different sequence for the allocation. We may reject complete repayment of the principal amount if it does not also cover the accrued and ongoing interest and the costs.

Art. 7 Execution of Services

  1. The agreement between us and the client is, except for the delivery of certain products or files, a contract for services to which the provisions of Article 7:400 of the Dutch Civil Code and subsequent articles apply, unless expressly deviated from below. The rights arising from the agreement, granted to the client, are strictly personal and cannot be transferred to third parties.
  2. We will make every effort to provide the services with care in accordance with the agreements and procedures documented in writing with the client and in accordance with the responsibilities as derived from the applicable professional standard and professional association guidelines.
  3. All our services are performed on a best-efforts basis, unless we have expressly guaranteed a specific result in the written agreement, and the corresponding result is also clearly defined.
  4. We have the right to refuse to carry out any unreasonable requests or instructions from the client and may, in such a case, decline to perform a treatment.
  5. The client is obligated to provide us with all information and documents necessary for the correct execution of the agreement in a timely manner. If the data required for the execution of the agreement has not been provided to us in a timely manner, we have the right to suspend the execution of the agreement and charge the client for any extra costs resulting from the delay according to our standard rates.
  6. Even if the agreement is entered into by the client with a specific person in mind for its execution, we are always authorized, after consulting with the client, to replace this person with one or more other individuals possessing the same or similar qualifications.
  7. We are authorized, should we deem it necessary or desirable for the proper execution of the assignment, to engage third parties in carrying out the agreement, with the costs of these third parties to be passed on to the client.
  8. Unless expressly agreed otherwise, the programs are provided at our location. If we or the third parties engaged by us perform work on the client’s premises or at a location designated by the client as part of the assignment, the client will provide, free of charge, the facilities reasonably requested by these personnel.
  9. All deadlines and dates mentioned or agreed upon by us are determined to the best of our knowledge based on the information available to us at the time of entering into the agreement. Any interim dates provided by us are indicative, non-binding, and have the sole purpose of providing a general timeline. We will reasonably make an effort to meet the agreed final deadlines and dates. If there is a risk of exceeding any deadline, we will consult with the client to discuss the consequences of such delay on the further planning.
  10. If it has been agreed that the agreement will be carried out in stages, we may suspend the execution of the parts belonging to the next stage until the client has approved the results of the preceding stage in writing.
  11. In such a case, the burden of proof that the services and results of the services do not meet what has been agreed in writing or what can be reasonably expected from a competent and reasonable practitioner falls entirely on the client, without prejudice to our right to provide counterproof by all means.

 

Art. 8 Cancellation, Amendment, Suspension, and Termination

  1. In the event that the client is unable to attend an appointment, they must cancel it with us at least forty-eight (48) hours in advance.
  2. If an appointment is canceled too late (within 48 hours before the appointment), we reserve the right to charge a one-time fee of thirty-five euros (€35) or, at our discretion, the entire or partial treatment fee.
  3. Appointments can only be canceled through the website, by phone, or via email. The cancellation is recorded by us at the moment the client contacts us or when we receive their email.
  4. If, during the execution of the agreement, it becomes necessary to modify or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely and mutual consultation.
  5. If the parties agree to change or supplement the agreement, the completion time of the execution may be affected. We will inform the client of this as soon as possible.
  6. If the client decides to cancel a package treatment, the difference in the total amount charged will not be offset or refunded.
  7. We are authorized to suspend the fulfillment of obligations or terminate the agreement if:
  8. The client does not, or not entirely, or not punctually fulfill the obligations from the agreement. Circumstances that became known to us after entering into the agreement provide good reason to fear that the client will not fulfill their obligations or in case there are reasonable grounds to fear that the client will only partially or inadequately fulfill their obligations. In the event the client:
  • Is declared bankrupt, placed under guardianship, is subject to the Debt Repayment Scheme for Natural Persons (WSNP), or abandons the estate,
  • Dies or is placed under curatorship, we have the right, by the mere occurrence of such circumstance, to either terminate the agreement or demand immediate payment of any amount owed by the client based on the agreed services, without any warning or notice of default, without prejudice to our right to claim compensation for loss of profit, costs, damages, and interest.

Furthermore, we are authorized to (have the agreement) terminated if circumstances arise of such a nature that the agreement can no longer be expected to be maintained unaltered or if other circumstances occur that are of such a nature that unchanged maintenance of the agreement cannot reasonably be expected of us. If the agreement is terminated, our claims against the client become immediately due and payable. If we suspend the fulfillment of obligations, we retain our rights under the law and the agreement. We always retain the right to claim compensation for damages.

Art. 9 Intellectual Property

  1.  The website swissallure.nl / www.swissallure.nl and its content are protected by copyright, trademark rights, and other intellectual property rights. Nothing from this website or its content may be reproduced, stored in an automated data file, or made public in any form or manner, whether electronically or mechanically, through photocopies, recordings, or in any other way, without our prior permission.
  2. Notwithstanding the provisions elsewhere in these terms and conditions, we reserve the rights and powers granted to us under the Copyright Act and other intellectual property rights.
  3.  All documents provided by us for the participant’s benefit, such as reports and advice, may only be used by the client. These documents may not be made public by the client or disclosed to third parties without our prior permission, unless the nature of the provided documents dictates otherwise.
  4.  The client, in advance, grants us permission to take photos and visual materials during or around the treatments in which the participant is visible, solely for the purpose of the treatment as comparative material. They may not be used for promotional materials or public disclosure unless the client has expressly granted written permission for such purposes.

Art. 10 Liability

Treatment is at the client’s own risk. If a client has health complaints or any other reason to doubt their suitability for the treatment, they must indicate this on the medical intake form and inform us. Unless otherwise indicated on the (medical) intake form, the client guarantees that they are in good physical and mental condition and that they are not aware of any medical or other reasons that would prevent them from undergoing the treatment. The participant must always promptly inform us of all facts and circumstances that may be relevant to responsible treatment, and is specifically obliged to report pain, fatigue, and other deteriorations in physical condition occurring during or after the treatment. Except in cases of intent and conscious recklessness on our part, we shall not be liable for any damage suffered by the client in the context of the execution of the agreement. We are not liable for damage resulting from failure to achieve the results that the client intended to achieve when entering into the agreement, as well as for any damage caused by the advice and/or instructions provided by us, whether or not incorrect and/or incomplete, have been followed. We are not liable for damage caused by assuming incorrect or incomplete information or data provided by the client. We are never liable for consequential damage. If, contrary to the provisions of these general terms and conditions, we are still liable, only direct damage is eligible for compensation. Direct damage is only understood as:

  • the reasonable costs for determining the cause and the extent of the damage insofar as the determination relates to damage that is eligible for compensation in the sense of these conditions;
  • the reasonable costs made to get our poor performance in line with the agreement, insofar as these can be attributed to us;
  • reasonable costs made to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of the damage that is eligible for compensation in the sense of these conditions. The information provided on the website swissallure.nl / www.swissallure.nl is for general information purposes only. Delays, defects, and/or other imperfections in the information provided may occur due to external circumstances. Although we exercise the utmost care in the composition and maintenance of our website, we cannot guarantee that the information provided is complete, up to date, and/or accurate. The client hereby unconditionally and irrevocably waives their right to compensation for any direct or indirect damage that has arisen, arises, or will arise through the use of the data unless there is intent or gross negligence on our part. The websites of third parties to which the website swissallure.nl / www.swissallure.nl may contain hyperlinks are not controlled, created, and/or maintained by us. We do not accept any liability for the content of these linked websites. If, despite the provisions of the rest of these general terms and conditions, any further liability on our part were to exist, the liability is limited to three times the invoice value of the agreement, or that part of the agreement to which the liability relates, provided that our liability will never exceed the amount that, in the specific case, based on the liability insurance policy that has been concluded by us, will be paid out. Except in cases of intent or gross negligence on our part, the participant will indemnify us from all claims from third parties, for whatever reason, in connection with the execution of the agreement by or on behalf of us. The limitation period for all claims and defenses against us is one year.

Art. 11 Force Majeure

  1. “Force majeure” shall be understood as any circumstance beyond the control of either party or an unforeseeable event that reasonably renders the performance of the agreement no longer expectable by the other party, including strikes within our company.
  2.  The party who believes to be in a situation of force majeure shall immediately inform the other party thereof.
  3. If, in our opinion, the force majeure is of a temporary nature or will be temporary, we have the right to suspend the execution of the agreement until the circumstance causing the force majeure no longer exists.
  4. If, in our opinion, the force majeure situation is of a permanent nature, the parties may come to an arrangement regarding the termination of the agreement and the associated consequences. In such a case, the parties shall have no right to compensation for the damage suffered or to be suffered, unless otherwise agreed.
  5. We also have the right to claim force majeure if the circumstance preventing (further) performance occurs after the time we should have fulfilled our commitment.
  6.  We are entitled to request payment for what has already been provided in accordance with the agreement. In this case, a settlement will be made in proportion, without any further obligations between the parties.

Art. 12 Complaints

  1.  In the event of dissatisfaction or a complaint from the client regarding a treatment, the client shall report this immediately after the treatment, but in any case, within the 14-day payment term. The practitioner and the client shall both make efforts to find a solution in this regard.
  2.  If a resolution proves to be impossible, the client, if treated by a skin therapist, may turn to the internal complaints committee of the NVH: the Patients’ Advisory Committee (“PAC”). This committee will first mediate between the practitioner and the client.
  3.  If mediation by the PAC does not lead to a solution, the client may contact the National Complaints Committee for First-line Paramedics.
  4.  The obligation to pay the invoice related to the treatment is not suspended due to a complaint unless the practitioner agrees to the suspension of the payment obligation.
  5. After the expiration of the deadlines mentioned in the previous sections, the client is deemed to have approved the treatment and the invoice related to it, and complaints will no longer be processed by us.
  6. If a complaint is found to be valid by us, we are only obligated to deliver the agreed-upon service.
  7. Legal claims related to complaints must be initiated within one year of the complaint, under penalty of forfeiture.

Art. 13 Confidentiality and Privacy.

  1. Both parties are obligated to maintain the confidentiality of all confidential information obtained from each other or from other sources in the context of their agreement. The party receiving confidential information shall only use it for the purpose for which it was provided. Information is considered confidential if disclosed by a party or if it arises from the nature of the information.\
  2. If, based on a legal provision or a judicial ruling, we are required to disclose confidential information to third parties designated by law or the competent court, we shall not be liable for damages or compensation, and the client is not entitled to terminate the agreement due to any resulting damages.
  3.  The client indemnifies us against liability arising from the registration of personal data, unless the client proves that the facts underlying the claim are solely attributable to us.

Art. 14 Applicable Law and Competent Court

  1. Dutch law exclusively applies to all our offers, agreements, and their execution. The Vienna Sales Convention is explicitly excluded. Other international regulations that could apply to the agreement are also excluded to the extent that the respective regulations allow for exclusion.
  2. All disputes, including those that are only considered as such by one party, arising from or related to the agreement to which these terms and conditions apply, or the relevant conditions themselves and their interpretation or execution, both of a factual and legal nature, shall be settled by the competent civil court located within the jurisdiction of our place of establishment, unless other mandatory legal provisions apply.
  3. Parties shall only resort to the courts after they have made every effort to settle a dispute amicably, and, in the case of a complaint regarding a treatment, have followed the complaints procedure.
  4. In all other cases except those in which a dispute relates to a complaint about a treatment, we are entitled to have the dispute settled by arbitration. In this case, we shall inform the client thereof in writing. The arbitrators’ fees shall be borne by the parties as determined by the arbitrators.

Art. 15 Amendment and Explanation of the Terms

  1. In case of an interpretation of the content and scope of these general terms and conditions, the text thereof shall always be decisive.
  2. The latest deposited version or the version that was in effect at the time of the conclusion of the agreement is always applicable.
  3. We are authorized to make changes to these terms and conditions.