Terms and Conditions

House of Bratz is registered with the Chamber of Commerce under number 68298536 and is located at Willemskade 16B (3016 DL) in Rotterdam.

Article 1 Definitions

In these general terms and conditions, the following terms are used in the following sense unless expressly stated otherwise.
House of Bratz is the sole proprietorship of S. Dahou. House of Bratz is also understood to mean the certified medical professionals working there, or third parties hired by House of Bratz.
Client: The natural person who does not act in the exercise of a profession or business.
Client: The Client who enters into a treatment agreement with the Service Provider.
Service Provider: the legal entity offering services to Client, hereinafter referred to as House of Bratz.
Offer: Any written offer to Client to provide Treatments by House of Bratz.
Treatments: the treatments offered by House of Bratz are filler and Botox treatments, as well as treatments for skin improvement.
Order: the execution of the treatment agreement by House of Bratz regarding the treatment(s) requested by the client.
Agreement: the agreement to treat which the Client has placed with House of Bratz.
Website: the website which House of Bratz uses is https://www.houseofbratz.nl.

Article 2 Applicability

These general terms and conditions apply to every offer made by House of Bratz, every agreement between House of Bratz and Client and to every service and/or product that is offered by House of Bratz. These terms and conditions are also applicable to all agreements with House of Bratz, for the execution of which third parties must be involved. Before an agreement (at a distance) is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, House of Bratz will indicate to the Client in which way the Client can inspect these general terms and conditions, which are in any case published on the House of Bratz website so that the Client can easily save these general terms and conditions on a durable data carrier.
It is not possible to deviate from these general terms and conditions. In exceptional situations, it is possible to deviate from the general terms and conditions if this has been explicitly agreed upon in writing with House of Bratz.
These general terms and conditions shall also apply to supplementary, amended and follow-up orders with the Client.
If one or more provisions of these general terms and conditions are partially or fully void or voided, the remaining provisions of these general terms and conditions shall remain in effect, and the void/ voided provision(s) shall be replaced by a provision with the same intent as the original provision.
Uncertainties about the content, explanation, or situations not provided for in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.

Artikel 3 Het aanbod

Alle door House of Bratz gedane aanbiedingen zijn vrijblijvend, tenzij schriftelijk uitdrukkelijk anders is aangegeven. Indien het aanbod beperkt of onder specifieke voorwaarden geldig is, wordt dit uitdrukkelijk in het aanbod vermeldt. Van een offerte is eerst sprake als deze schriftelijk is vastgelegd.
De door House of Bratz gemaakte offertes zijn vrijblijvend. House of Bratz is slechts aan de offerte gebonden indien de aanvaarding hiervan door Koper schriftelijk binnen dertig dagen wordt bevestigd. Niettemin heeft House of Bratz het recht een overeenkomst met een potentiele Koper om een voor House of Bratz gegronde reden te weigeren.
Het aanbod bevat een volledige en nauwkeurige omschrijving van het aangeboden product en de daarbij behorende prijzen. De beschrijving is dusdanig gedetailleerd zodat Koper in staat is om een goede beoordeling van het aanbod te maken. Kennelijke vergissingen of fouten in het aanbod kunnen House of Bratz niet binden. Eventuele afbeeldingen en specifieke gegevens in het aanbod zijn slechts een indicatie en kunnen geen grond zijn voor enige schadevergoeding of het ontbinden van de overeenkomst (op afstand).
Levertijden in offertes van House of Bratz zijn indicatief en geven de koper bij overschrijding ervan geen recht op ontbinding of schadevergoeding, tenzij uitdrukkelijk anders is overeengekomen.
Een samengestelde prijsopgave verplicht House of Bratz niet tot levering van een deel van de in de aanbieding of offerte begrepen zaken tegen een overeenkomstig deel van de opgegeven prijs.
Aanbiedingen of offertes gelden niet automatisch voor nabestellingen. Aanbiedingen en offertes zijn slechts geldig tot de voorraad strekt, en volgens het op-is-op-principe.
House of Bratz heeft het recht om zonder opgaaf van redenen een overeenkomst weigeren. Een dergelijke weigering geeft Koper geen recht op schadevergoeding of enige andere compensatie voor het weigeren van de opdracht.
Indien meerdere Opdrachtgevers en/of Cliënten samen een opdracht plaatsen waardoor een overeenkomst tot stand komt dan wel meerdere opdrachten worden samengevoegd waardoor een overeenkomst tot stand komt, dan is iedereen van de afzonderlijke Cliënten hoofdelijk aansprakelijk voor de nakoming van alle verplichtingen voortvloeiende uit die overeenkomst.

Article 4 Realisation of the Agreement

The agreement is concluded at the moment the Client gives an order to House of Bratz for the performance of one or more treatments to carry out cosmetic actions.
The Client can only enter into a treatment agreement if it has been established that the Client
2.1. Has reached the age of 18 years and has presented a legally valid identification document;
2.2 Prior to the treatment agreement, is clearly and comprehensively informed about the treatment, the possible risks and consequences, the possible expected result, aftercare of the treatment, costs of the treatment and method of payment and the reflection time to come to a reasonable decision, time of treatment;
2.3 In case of guidance, reception and/or accessibility, the Client follows the instructions.
2.4 Is aware of the contact person at House of Bratz in case of complications, and contacts them directly as discussed during the instructions.
2.5 Has filled out the treatment form completely and truthfully (anamnesis form);
2.6 All questions about the treatment have been asked and answered.
House of Bratz is not bound by an Offer if the Client could have reasonably expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or slip of the pen.
An Offer is only valid if made in writing by House of Bratz to the Client.
The right of withdrawal does not apply if the services are made available within the 14-day cooling-off period and are delivered immediately after purchase.
The client is jointly and severally liable for the (payment) obligations arising from the treatment agreement.
During the intake, the Client is obliged to provide the details of the contact person as well as his/her accessibility.

Article 5 Execution of the agreement

House of Bratz will endeavour to execute the agreement with the greatest possible care as may be expected of a good contractor. All services shall be carried out on the basis of an obligation to perform to the best of one’s ability unless a result has been explicitly agreed upon in writing and described in detail.
In the execution of the services, House of Bratz is not obliged or required to follow the instructions of the Client if this changes the content or scope of the agreed services. If the instructions result in additional work for House of Bratz, the Client is obliged to compensate for the additional or additional costs accordingly.
House of Bratz is entitled to engage third parties for the implementation of the services at its own discretion.

Article 6 Amendments to the agreement

If during the execution of the contract it becomes apparent that the contract needs to be amended and/or supplemented, the Client is obliged to compensate for these additional activities in accordance with the agreed rate. House of Bratz is not obliged to comply with this request and may require the Client to enter into a separate agreement for this purpose.
If a fixed price has been agreed for the services, House of Bratz will inform the Client of the additional costs or financial consequences of the additional work.
If and to the extent that a fixed price has been agreed for the carrying out of certain work and the performance of this work leads to additional work which cannot reasonably be deemed to be included in the fixed price, or the price must be increased as a result of the incorrect information provided by the Client which is relevant for the purpose of determining the price (unless House of Bratz should have discovered the incorrectness of the information before the price was determined), House of Bratz is entitled, after consultation with the Client, to charge the Client for these costs.

Article 7 Fulfilment of the agreement

House of Bratz may suspend the contract if the Client and/or Client has not paid the amount due, does not cooperate or has not provided sufficient information, or has provided insufficient information, which prevents House of Bratz from commencing the implementation of the treatments.
If the commencement, progress or implementation of the treatment is delayed because, for example, the Client has not or not timely supplied all requested information, fails to cooperate sufficiently, the (down) payment has not been received in time by House of Bratz or other circumstances, which are for the account and risk of the Client, have caused a delay, House of Bratz is entitled to a reasonable extension to commence, carry out or complete the treatment. House of Bratz shall never be obliged to pay any compensation to Client and/or Client as a result of the delay.
Both the Client and House of Bratz may terminate the contract in writing in whole or in part without further notice of default and with immediate effect, if one of the parties is granted a suspension of payments, a petition for bankruptcy has been filed or the enterprise concerned is wound up or otherwise closed down. If a situation such as the above occurs, House of Bratz shall never be obliged to refund funds already received and/or to pay compensation. House of Bratz is entitled to repossess any goods which have not yet been paid for by the return of post and retains the right to claim additional compensation from the Client.

Article 8 Cancellation of appointment

Already made appointments that are cancelled 48 hours or more before the date of the appointment, or in which the Client does not appear on the appointment without notice, will be charged to the Client and/or the Client.
In case of disagreement or ambiguity about the date of the appointment, the date as scheduled in the administration of House of Bratz will be leading.
In the event of cancellation of the appointment by the Client, House of Bratz will make reasonable efforts to limit the costs of cancellation as much as possible.

Article 9 Obligations of House of Bratz

The doctors at House of Bratz may use registered medicines, implants, and other medical devices in the treatment.
If Client and/or Client requests a second opinion, House of Bratz is obliged to comply with this request. Upon request, House of Bratz will discuss the results of the second opinion with the Client.
The treating physicians of House of Bratz shall act in accordance with the duties of care incumbent upon them as a good contractor, as well as the requirements and guidelines that apply in accordance with the professional standards of the profession.
House of Bratz shall keep a file on the treatment of the Client. In this file information is collected about, among other things, the use of medication, the treatment(s) carried out, results, complaints, and other relevant information.

Article 10 Obligations of the Client

Client and/or Client is obliged to cooperate at the first request of House of Bratz.
In the event of illness, medication or other circumstances which may be relevant to the possible performance of the treatment, this must be discussed with the relevant doctor beforehand.
The Client must inform House of Bratz as soon as possible if the Client is unable to keep an already scheduled appointment.

Article 11 Prices and payment

All prices are for private individuals, including VAT. The prices shown must be paid on location of House of Bratz, preferably by Pin after the treatment has taken place.
The Client cannot derive any rights or expectations from a previously issued estimate unless the parties have expressly agreed otherwise.
If there is a periodic payment obligation of Client, House of Bratz is entitled to adjust the applicable prices and rates (only) in accordance with the terms of the agreement in writing, with due regard for a period of at least three months.
If agreed, the Client must pay the advance before House of Bratz starts its services.
The Client must pay these costs at once by PIN. Only in exceptional cases may this be deviated from if and in so far as House of Bratz has given its express and written consent. In which case, the outstanding amount must be paid by invoice within the payment period of 14 days.

Article 12 Collection policy

If Client does not fulfil its payment obligation and has not paid within the stipulated payment period of 14 days, Client (if Client has placed the order in the exercise of a profession or business) will be in default without further notice and Client will receive a written reminder with the request to pay the amount due within the period stipulated therein.
From the date on which the Client is in default, House of Bratz shall, without any further notice of default being required, claim the statutory (commercial) interest (being at least 5% per annum) from the first day of default until full payment and compensation for the extrajudicial costs in accordance with Section 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale laid down in the Decree on the compensation of extrajudicial collection costs of 1 July 2012.
If House of Bratz has incurred more or higher costs than are reasonably necessary, such costs shall qualify for reimbursement. The judicial and execution costs incurred shall also be borne by the Client.

Article 13 Transfer of risk

The risk of theft and loss, embezzlement or damage to data, documents, software, data files and/or items used, created, or delivered in the context of the performance of the Agreement shall pass to the Client at the moment when they are actually placed at the Client’s disposal.

Article 14 Privacy, data processing and security

House of Bratz will handle the (personal) data of the Client and the users of the website with care and will only use them in accordance with the privacy statement. If requested, House of Bratz will inform the data subject accordingly. Questions regarding the processing of personal data and further information can be submitted by e-mail to info@houseofbratz.nl.
The client is responsible for the processing of data which are processed by means of a House of Bratz service. The client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. Within this framework, the Client shall indemnify House of Bratz against any (legal) claim which is related to these data or the execution of the agreement.
If House of Bratz has to provide security for information on the basis of the agreement, this security shall comply with the agreed specifications and a security level which is not unreasonable in view of the state of the art, the sensitivity of the data and the costs involved.

Article 15 Suspension

House of Bratz is entitled to retain the data, data files, software and more it has received or created if the Client has not yet (fully) fulfilled its payment obligations, even if it had been obliged to do so if it had been paid.
House of Bratz is authorised to suspend the fulfilment of its obligations as soon as the Client is in default of the fulfilment of any obligation arising from the contract, including the late payment of its invoices. The suspension shall immediately be confirmed to the Client in writing. In this case, House of Bratz is not liable for any damage, in whatever form, resulting from the suspension of its activities.

Article 16 Force majeure

House of Bratz is not liable if it is unable to fulfil its obligations arising from the contract due to a situation of force majeure.
Force majeure on the part of House of Bratz shall, in any case, include, but not be limited to: (i) force majeure of suppliers of House of Bratz, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended by the Customer to House of Bratz, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations which in the opinion of House of Bratz are beyond its control (foreseen and unforeseen) that temporarily or permanently prevent the fulfilment of its obligations.
If a force majeure situation lasts longer than one month, the contract may be dissolved in writing by either party. If, on the basis of the agreement, any performances have already been carried out, in such a case settlement shall take place proportionately without any obligation of each party towards the other.

Article 17 Limitation of liability

If the performance of services and/or treatments by House of Bratz leads to liability on the part of House of Bratz, such liability shall be limited to the costs charged in connection with the order.
House of Bratz is not liable for consequential damage, indirect damage, business damage, loss of profit and/or suffered loss, missed savings, damage due to business stagnation and damage resulting from the use of services provided by House of Bratz.
The amount of compensation is further limited to the amount paid by House of Bratz’s liability insurance per event per year.
House of Bratz is not liable for any damage which is or may be the result of any act or omission on account of (incomplete and/or incorrect) information on the website or that of any linked websites.
House of Bratz is not responsible for errors and/or irregularities in the functionality of the website, failures, or the unavailability of the website for any reason whatsoever.
House of Bratz is neither liable for the proper and complete transmission of the content of emails sent by/on behalf of House of Bratz, nor for their timely receipt.
The client guarantees the correctness and completeness of the information and wishes provided by him with regard to the order. House of Bratz explicitly excludes any liability for (consequential) damage.
All claims of the Client due to shortcomings on the part of House of Bratz shall lapse if they are not reported to House of Bratz in writing and with reasons within six months after the Client became aware or could reasonably have become aware of the facts on which the claims are based.

Article 18 Confidentiality

House of Bratz and Client/Client undertake to maintain the confidentiality of all confidential information obtained as part of an assignment. Confidentiality arises from the assignment or can reasonably be expected to arise from confidential information. No information from Client shall be provided to Client without Client’s prior written consent.
If House of Bratz or the Client and/or the Client is obliged on the basis of a statutory provision or a judicial decision to disclose confidential information to a third party indicated by the law or a competent court, and House of Bratz cannot invoke a right to privilege, House of Bratz will not be obliged to pay any compensation and the Client will not be entitled to dissolve the contract.
The obligation of secrecy is also imposed on House of Bratz and the Client, on the third parties engaged by them.

Article 19 Intellectual property rights

All IP rights and copyrights of House of Bratz are held exclusively by House of Bratz and are not transferred to the Client.
The Client is prohibited from disclosing and/or reproducing, modifying, or making available to third parties all documents on which House of Bratz’s IP rights and copyrights rest without the express prior written permission of House of Bratz. If a Client wishes to make changes to items delivered by House of Bratz, House of Bratz must explicitly approve the intended changes.
Client is prohibited from using the products on which House of Bratz’s intellectual property rights rest other than as agreed upon in the contract.
House of Bratz is entitled to place the images it has made of Clients who have undergone treatment on its website and/or social media channels for its own promotion and/or publicity with (prior) explicit permission from the Client.

Article 20 Safeguarding and correctness of information

The Client is solely responsible for the accuracy, reliability and completeness of all data, information, documents and/or records it provides to House of Bratz as part of an assignment. Even if these data originate from third parties, the Client is responsible for this.
The Client shall indemnify House of Bratz against any liability resulting from non-compliance or late compliance with the obligations mentioned in the previous paragraph.
The Client shall indemnify House of Bratz against claims filed by third parties concerning intellectual property rights on the data and information provided by the Client, which may be used in the execution of the order or agreement.
If the Client provides House of Bratz with electronic files, software or data carriers, the Client guarantees that these are free of viruses and defects.

Article 21 Complaints

If the Client is not satisfied with the services, the realisation and/or execution of the treatment agreement of House of Bratz, the Client is obliged to report these complaints as soon as possible, but within 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via info@houseofbratz.nl with the subject “complaint”.
The complaint must be sufficiently substantiated and/or explained by the Client in order for House of Bratz to handle the complaint.
House of Bratz will respond to the complaint as soon as possible, but within 14 days after receipt of the complaint at the latest.
The parties will try to reach a solution together. If this is not possible, the Client and/or Client can submit a complaint to the Care Complaints Portal. This can be done via info@klachtenportaalzorg.nl or via the digital complaints form at www.klachtenportaalzorg.nl.
The complaints regulations of Klachtenportaal Zorg and the dispute regulations of the Stichting Geschilleninstantie KPZ set out the conditions and rules for handling complaints and resolving disputes.

Article 22 Applicable laws

The legal relationship between House of Bratz and Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
House of Bratz may unilaterally change these general terms and conditions. The most recent version can be found on the website.
All disputes arising from or in connection with the contract between House of Bratz and the Client shall be settled by the competent court in Rotterdam.