GENERAL TERMS AND CONDITIONS MOS FOX
Your hair is your crown.
Your hair is in good hands
These terms and conditions apply to every offer, treatment and transaction between Mos Fox and a customer / client to which Mos Fox has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these conditions in writing.
In these general terms and conditions, the following terms, also in conjugation of plural or singular, are used in the following meaning, in so far as the nature or scope of the provisions does not dictate otherwise.
- Mos Fox: Mos Fox, established in Amsterdam and registered in the Trade Register under Chamber of Commerce number 72123079, or a company affiliated with Mos Fox who acts as user of these general terms and conditions.
- Customer: any natural person, not acting in the course of a profession or business, with whom Mos Fox has concluded or intends to conclude an agreement.
- Parties: Mos Fox and the customer jointly.
- Agreement: every agreement concluded between Mos Fox and the customer with regard to the execution of a treatment and / or the delivery of one or more products (consumer purchase).
- Distance contract: the agreement as referred to in the previous paragraph, concerning a treatment, concluded between the parties directly through the online agenda on the website of Mos Fox: mosfox.nl).
- Treatment: the treatments to be carried out by Mos Fox in the context of the agreement.
- Products: the goods to be delivered to the customer by Mos Fox in the context of a consumer purchase.
- Written: in addition to traditional written communication, communication by e-mail, fax or any other form of communication that can be considered equivalent in view of the state of the art and the views prevailing in society.
Article 2 Effort Mos Fox
2.1. Mos Fox will perform the treatments on the treatment chosen by the customer at the conclusion of the agreement.
2.2. Mos Fox will carry out the treatments to the best of its knowledge and ability and in accordance with the requirements of good workmanship. At Mos Fox there is only a best efforts obligation; Mos Fox can not guarantee that the customer will achieve exactly the result of the treatment that the customer expected at the conclusion of the agreement.
2.3. insofar as relevant and reasonably necessary, Mos Fox will ask the customer for information that is important for the proper execution thereof prior to the treatment.
2.4. The customer ensures that all data, which may reasonably be relevant for the proper execution of the treatment, are communicated to Mos Fox in a timely manner.
2.5. Mos Fox is not liable for damage, of whatever nature, caused by the customer’s assumption of incorrect and / or incomplete information provided by the customer.
2.6. Mos Fox uses sound materials and tools. Mos Fox guarantees that the treatment performed corresponds to the agreement.
2.7. Mos Fox will inform the customer about the financial consequences of the change of treatment.
Article 3 Agreements
3.2. If the customer does not fulfill this obligation or fails to do so on time, Mos Fox may pass on half of the fee for the agreed treatment to the customer.
3.3. If the customer enters the salon more than five minutes later than the agreed time, Mos Fox may shorten the lost time on the treatment and still calculate the entire fee of the treatment to the customer.
3.4. If the customer arrives at the salon more than fifteen minutes later than the agreed time, Mos Fox may, in consultation with the stylist, postpone the agreement and still pass on the entire fee of the treatment to the customer.
3.5. The customer does not have to comply with the obligations if it is hindered by force majeure. Force majeure includes what the law and jurisprudence says about it.
Article 4 Personal data and privacy
4.2. Mos Fox is obliged to keep confidential all confidential information that the customer has shared during the treatment.
4.3. Information is confidential if this is told by the customer or if this results from the nature of the information.
4.4. The confidentiality will lapse if, on the basis of a statutory provision or a court order, Fox obliges Fox to provide the confidential information to third parties.
Article 5 Payment
5.2. The reported prices include VAT due, with the exception of training courses and products from the wholesaler.
5.3. Offers are valid in the indicated term and / or while stocks last.
5.4. The customer must pay the payment of the treatment and any products in cash / PIN transaction immediately after the end of the treatment.
5.5. If the payment has not been agreed in cash, payment must be made within 48 hours after the invoice date to the bank account indicated by Mos Fox. After expiry of the period of fourteen days, Mos Fox is in default without notice and the customer owes the legal interest plus 2% interest to Mos Fox. The payment via invoice must have been agreed before the treatment.
5.6. If a client / customer has not paid his invoice one month after the invoice date, Mos Fox is entitled to call in a collection agency. The extra costs of this are entirely at the expense of the client / customer.
Article 6 Liability
6.2. Mos Fox can only be held liable vis-à-vis the customer for direct damage that the customer suffers as a result of an attributable shortcoming by Mos Fox in the fulfillment of the agreement. An attributable shortcoming must be understood as a shortcoming which a good and diligent colleague can and should avoid, all this with due observance of normal attention and the professional knowledge and resources required for the execution of the agreement.
6.3. Should Mos Fox be liable for any damage to a customer, then Mos Fox is entitled at all times to repair this damage. The customer must give Mos Fox the opportunity, failing which all liability of Mos Fox will lapse in this matter.
6.4. The liability of Mos Fox is limited to a maximum of the amount owed by the customer to Mos Fox in the context of the agreement to which the liability of Mos Fox is due. For damage not covered by the general terms and conditions of Mos Fox, the liability is limited to not more than the amount actually paid out in the case in question under Mos Fox’s business responsibility insurance, increased by the possible excess of Mos Fox that insurance application.
6.5. In the case of a consumer purchase, the limitations of this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Civil Code.
6.6. Mos Fox is not liable for loss, theft or damage to personal belongings that the customer has brought to the salon.
6.7. This article does not apply in case of intent or gross negligence of Mos Fox itself.
Article 7 Complaints
7.2. If faults only appear after the treatment, the customer must inform Mos Fox immediately after discovery of the defects, failing which any claim by the customer in this respect will lapse.
7.3. Mos Fox must respond adequately to the complainant within 5 working days.
7.4. If a complaint about the treatments is valid and an attributable shortcoming in the execution of the agreement has taken place, Mos Fox will re-perform the treatment as agreed, unless this has become demonstrably useless for the customer and the customer makes this known in writing.
7.5. In case of defects after the treatment arise as a result of normal reduction of the result or damage from outside, caused by the risk of the customer, as well as defects that otherwise can not be attributed to Mos Fox.
7.6. If a complaint about the products is well-founded, Mos Fox will compensate the purchase price of the products or treatment in full or in part.
7.7. If Mos Fox and the complainant can not come to an agreement, the complainant can submit the dispute to the Beauty Industry Disputes Committee.
Article 8 Guarantee
8.2. This warranty will lapse if, see paragraphs 3 to 7 of this article.
8.3. The customer has been informed by Mos Fox about the result of the treatment and the duration of the effect of the treatment or products.
8.4. The customer has used products other than those recommended by Mos Fox.
8.5. The customer has not followed the advice for home care.
8.6. The customer has not followed the advice to seek medical attention within five working days.
8.7. The customer has not used the products according to the advice of the specialist.
8.8. After a treatment the skin can give a reaction and the client will be informed during the treatment.
Article 9 Specialization
9.2. The client pays the entire fee of the treatment to Mos Fox.
9.3. Mos Fox provides an invoice with the correct information for the health insurer.
9.4. The customer is responsible for submitting the declaration to the health insurer.
9.5. The customer must himself take into account the deductible amount of their health insurer.
9.6. Mos Fox is in no way responsible for the further processing of the declaration to the health insurer.
Article 10 Damage and theft
10.2. Mos Fox always reports theft to the police.
Article 11 Good behavior
11.2. If the customer continues to display improper behavior after repeated warnings, Mos Fox has the right to refuse the customer access to the salon without further reasons.
11.3. At Mos Fox we work according to the hygiene rules.
11.4. The customer is expected to adhere to the personal hygiene rules.
Article 12 Right
12.2. The general conditions are published on the website of Mos Fox (www.mosfox.nl) and they are also available in the salon.
12.3. In case of explanation of the content and scope of the general terms and conditions, the Dutch text is always decisive.
12.4. Applicable is always the last published version or the version that applied at the time of the conclusion of the agreement.
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