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Terms and conditions

Art. 1 Definitions

In these Terms and Conditions, the following terms have the meanings set out below, unless expressly stated otherwise:

The Laserhouse: part of Jamila’s, with its principal place of business at Wilgenroos 59, 2391EV Hazerswoude-Dorp, registered with the Chamber of Commerce under number 73849138, together with its branch locations as shown in the Trade Register. Hereinafter referred to as ‘we’, ‘us’ or ‘our’.

Client: any natural or legal person who has entered into, or wishes to enter into, an agreement (order/appointment/treatment) with our company, including, where applicable, their legal representative, authorized representative, successor in title and heirs.

Agreement: the agreement between us and the client.

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

Art. 2 General

We provide cosmetic laser treatments for hair removal on behalf of the client and, where applicable, supply related goods/services for the treatments.

These Terms and Conditions govern all our offers, agreements and their performance. Any deviations must be clearly agreed with us in writing.

These Terms and Conditions also apply to all agreements entered into with us, including agreements involving third parties in their performance.

The applicability of the client’s terms and conditions is expressly rejected, unless otherwise agreed in writing.

If one or more provisions of these Terms and Conditions are invalid or are annulled, the remaining provisions of these Terms and Conditions will remain in full force and effect.

Art. 3 Offers/quotations

All our offers, regardless of form, are non-binding unless expressly stated otherwise. Unless otherwise indicated, quotations are valid for 14 days from the quotation date. Our offers are based on the accuracy and completeness of the information, specifications, electronic files and other data provided by or on behalf of the client, unless otherwise stated in the quotation.

The client must inform us of facts and/or circumstances that may affect both our offer and the performance of the agreement, insofar as the client was or should have been aware of them.

Each offer will include information clarifying the rights and obligations arising from acceptance of the offer. This specifically includes:

  • The price including taxes
  • Any delivery costs
  • The manner in which the agreement will be concluded and the actions required for this
  • The method of payment, delivery or performance of the agreement
  • Any work not specified in our offer is not included in the agreement and may result in additional charges.

Art. 4 Agreement

1. Before the treatment agreement is concluded, we inform the client about:

  • the intake procedure used;
  • the intended results and possible consequences of the treatment;
  • the price of the treatment, insurance options, and the timing and method of payment;
  • the date(s), time(s) and location of the treatment;
  • the consideration period, allowing the client to make a well-informed decision;
  • instructions to be followed before the treatment;
  • post-treatment instructions, including the symptoms for which the client should contact us and details of whom the client should contact;
  • our availability if complications occur outside business hours;
  • these Terms and Conditions

2. Our Privacy Policy.

To start the treatment, the participant must complete and sign a medical intake form, providing all information truthfully and completely, including the consent declaration.

Based on the information in the medical intake form, the service provider reserves the right to refuse treatment without being required to provide reasons.

Unless otherwise stated in paragraph 5, the agreement is concluded when the client signs the consent form and thereby formally gives the instruction.

When the offer is accepted electronically, we will electronically confirm receipt of the acceptance, thereby concluding the agreement.

We reserve the right to set conditions where communications between the parties or legal acts are carried out by email.

When the agreement is concluded electronically, we take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment.

Within the limits of the law, we are entitled to verify information concerning the client’s financial ability to meet their payment obligations, as well as other relevant facts and factors important to the responsible conclusion of the agreement.

Art. 5 Prices and additional work

Unless otherwise stated, our prices are:

stated in EURO ();

subject to price fluctuations; the current price on the date the agreement is concluded is decisive,

VAT, where applicable, unless otherwise stated,

excluding packaging, loading and unloading, transport/shipping, administration and insurance costs,

When entering into the agreement, the parties involved may agree on a fixed price.

If, after an agreement with a consumer has been concluded but before it is performed, a price change occurs within a period of three months, that change will not affect the agreed price.

After the aforementioned three-month period, any price changes will be passed on to the consumer. In that case, the consumer may either accept the adjusted price or cancel the agreement. An exception applies if, when the agreement was concluded, we stated that the treatment would take place more than three months later.

Art. 6 Payment, interest and costs

The invoice must be paid immediately after the treatment by debit card, bank transfer or cash.

Regardless of whether a health insurer reimburses the invoice, the client remains responsible at all times for full and timely payment of the invoice. Submitting a reimbursement claim to the health insurer is the client’s own responsibility. The extent and conditions of reimbursement by the health insurer are subject to the client’s deductible and policy conditions.

If the invoice is not paid in full after the treatment, a payment term of 14 days from the treatment date applies, together with a 10% administration fee.

If payment is not made within that period, the client will automatically be in default and, from the invoice date, will owe statutory interest plus contractual interest of 2% per month or part thereof on the outstanding amount. Statutory interest applies to consumers. In that case, we will also claim collection costs.

The client is responsible for all judicial and extrajudicial costs incurred. Judicial costs also include all actual costs of legal assistance and litigation during court proceedings that exceed the rate charged by our legal service provider.

The costs of extrajudicial collection will be calculated in accordance with the “Decree on Compensation for Extrajudicial Collection Costs”, as referred to in paragraph 4 of Article 6:96 of the Dutch Civil Code.

For clients who are not consumers, collection costs amount to 15% of the principal amount due, with a minimum of €250.

All payments made by the client will first be allocated to any interest and collection costs, and then to the oldest outstanding invoice(s). We reserve the right to refuse an offer of payment without being in default if the client proposes a different order of allocation. We may refuse full repayment of the principal amount if it does not also include the interest due and ongoing costs.

Art. 7 Performance of work

Except for the supply of specific products or files, the agreement between us and the client is regarded as a contract for services to which Article 7:400 of the Dutch Civil Code and the provisions following it apply, unless expressly stated otherwise below. The rights arising from the agreement and granted to the client are strictly personal and may not be transferred by the client to third parties.

We will use our best efforts to provide the services with due care, in accordance with the written agreements and procedures between us and the client and with the responsibilities arising from the professional standards and professional guidelines applicable to us.

All our services are provided on a best-efforts basis, unless we have expressly promised a specific result in the written agreement and that result has also been described with sufficient precision.

We reserve the right not to follow unreasonable requests or instructions from the client. If necessary, we may refuse to perform a treatment.

The client is required to provide us in good time with all information and documents necessary for the proper performance of the agreement. If the required information is not provided to us in time, we reserve the right to suspend performance of the agreement and/or charge the client any additional costs resulting from the delay at the customary rates.

Even if the client entered into the agreement with a view to performance by a specific person, we reserve the right, after consultation with the client, to replace that person with one or more other persons with comparable qualifications.

We are entitled, where necessary or desirable for the proper performance of the assignment, to engage third parties in carrying out the agreement. The costs of doing so will be charged to the client.

Unless expressly agreed otherwise, the programs take place at our location. If we or third parties engaged by us perform work at the client’s location or at a location designated by the client, the client is responsible for providing, free of charge, the facilities reasonably required by those staff members.

All deadlines and dates stated or agreed by us have been set to the best of our knowledge on the basis of the information available when the agreement was entered into. Interim dates stated by us are target dates, are not binding and are indicative only. We make reasonable efforts to meet final deadlines and dates as far as possible. If any deadline is at risk of being exceeded, we will consult with the client to discuss the possible consequences of the delay for further planning.

If it has been agreed that the agreement will be performed in phases, we reserve the right to suspend performance of the parts belonging to a subsequent phase until the client has approved the results of the preceding phase in writing.

In such a case, the burden of proving that the services and their results do not correspond with what was agreed in writing or with what may reasonably be expected from a careful and competent practitioner rests entirely with the client. This does not affect our right to provide counter-evidence by any lawful means.

Art. 8 Cancellation, amendment, suspension and termination

If the client is unable to attend an appointment, they must cancel it with us no later than twenty-four (24) hours in advance.

If an appointment is cancelled within 24 hours before the scheduled start time, we reserve the right to charge, on one occasion, an amount of forty-five euros (€45) or – at our discretion – the full or partial treatment fee.

Appointments may only be cancelled by telephone or email. We record the cancellation at the time it is communicated to us by the client or when we receive the client’s email.

If, during performance of the agreement, it becomes apparent that the work to be performed needs to be amended or supplemented for proper performance, the parties will amend the agreement accordingly in a timely manner and by mutual consultation.

If the parties agree that the agreement is amended or supplemented, this may affect the time at which performance is completed. We will inform the client of this as soon as possible.

If the service agreement is terminated early by the client in accordance with the contract, the client is required to pay the invoices for work performed and/or partial deliveries made up to that point.

We reserve the right to suspend performance of our obligations or terminate the agreement if:

1. The client fails to perform their obligations under the agreement, fails to do so on time, or fails to do so in full.

2. After the agreement has been concluded, circumstances come to our attention that provide reasonable grounds to fear that the client will not perform their obligations, or there are justified grounds to fear that the client will perform only partially or improperly.

3. If the client:

   – is declared bankrupt, is placed under administration, becomes subject to the Dutch Debt Restructuring for Natural Persons Act (WSNP), makes an assignment for the benefit of creditors, files for suspension of payments or bankruptcy, or has all or part of their assets attached,

   – dies or is placed under guardianship, we have the right, solely upon the occurrence of such a circumstance, either to terminate the agreement or to demand immediate payment in full, without warning or notice of default, of any amount owed by the client in respect of the agreed services. This does not affect our right to compensation for lost profit, costs, damages and interest.

4. We are also entitled to terminate, or have terminated, the agreement if circumstances arise that make performance of the agreement impossible or such that, according to standards of reasonableness and fairness, performance can no longer be expected. We are likewise entitled to terminate the agreement in the event of other circumstances of such a nature that we cannot reasonably be expected to maintain the agreement unchanged.

5. Upon termination, our claims against the client become immediately due and payable. If we suspend performance of obligations, we retain our rights and claims arising from the law and the agreement.

We always reserve the right to claim damages.

Art. 9 Intellectual property

The websites thelaserhouse.nl and laserhouse.nl, as well as The Laserhouse’s associated social media channels and their content, are protected by copyright, trademark rights and other intellectual property rights. No part of these websites or their content may be reproduced, stored in an automated database or made public, in any form or by any means, whether electronic, mechanical, by photocopying, recording or otherwise, without our prior permission.

Without prejudice to the other provisions of these Terms and Conditions, we retain the rights and powers vested in us under the Dutch Copyright Act and other intellectual property rights.

All documents supplied by us for the benefit of the participant, such as reports and advice, are intended solely for use by the client. Without our prior permission, the client may not publish these documents or disclose them to third parties, unless the nature of the documents supplied requires otherwise.

The client grants us advance permission to take photographs and visual material during or around the treatments in which the participant is visible. This permission applies solely for treatment purposes and as comparison material, and not for promotional material or publication, unless the client has expressly given written permission for this.

Art. 10 Liability

Treatment is undertaken at the client’s own risk.

If a client has health complaints or doubts their suitability for the treatment, they must state this on the medical intake form and inform us. Unless otherwise stated on the medical intake form, the client warrants that they are in good physical and mental condition and are not aware of any reason why they would be unable to undergo the treatment. The participant must inform us in good time of facts and circumstances relevant to the treatment, such as pain, fatigue and other physical deterioration during or after the treatment.

Except in cases of intent or deliberate recklessness on our part, we accept no liability for damage suffered by the client in connection with performance of the agreement. We are not liable for damage resulting from failure to achieve intended results or from advice and instructions being followed incorrectly or not at all. We are not liable for damage caused by incorrect or incomplete information provided by the client. Consequential damage is not eligible for compensation.

If, despite the foregoing, we are liable, only direct damage is eligible for compensation. Direct damage includes the costs of determining the cause of the damage, costs of remedying defective performance, and costs incurred to prevent or limit further damage. The information provided on the websites thelaserhouse.nl and laserhouse.nl is for general information purposes; we do not guarantee its completeness, currency or accuracy.

We are not responsible for linked third-party websites. Liability is limited to a maximum of three times the invoice value of the agreement, except in cases of intent or deliberate recklessness on our part. The participant indemnifies us against third-party claims, except in cases of intent or deliberate recklessness.

Claims become time-barred after one year, unless otherwise provided.

Art. 11 Force majeure

Force majeure is defined as any independent and unforeseeable circumstance that reasonably makes performance of the agreement impossible, including strikes within our company. A party that believes it is or is about to be affected by force majeure must immediately inform the other party.

If, in our opinion, the force majeure is temporary, we have the right to suspend performance of the agreement until the circumstance causing the force majeure no longer exists. If, in our opinion, the force majeure situation is permanent, the parties may make arrangements concerning termination of the agreement and its consequences. In that case, neither party is entitled to compensation for damage suffered or to be suffered, unless otherwise agreed.

We have the right to invoke force majeure even if the circumstance preventing further performance occurs after we should already have performed our obligation. In the event of force majeure, we are entitled to demand payment for what has already been performed under the agreement. In that case, settlement will be made proportionately, with no further obligations between the parties.

Art. 12 Complaints

If the client is dissatisfied with or has a complaint about a treatment, the client must report this immediately after the treatment and in any event within the 14-day payment period. The practitioner and the client will then both make an effort to reach a solution together.

If a solution proves impossible, the client may, if treated by a skin therapist, refer the matter to the NVH’s internal complaints committee, known as the Patient Advisory Committee (“PAC”). This committee will initially mediate between the practitioner and the client.

If mediation by the PAC does not lead to a satisfactory solution, the client may refer the matter to the National Complaints Committee for Primary Care Paramedics.

Please note that the payment obligation for the invoice relating to the treatment is not suspended by a complaint, unless the practitioner agrees to suspend the payment obligation.

After the aforementioned periods have expired, the client will be deemed to have approved the treatment and the related invoice, and complaints will no longer be considered.

If we consider a complaint to be justified, our only obligation is to provide the agreed performance after all.

Legal claims relating to complaints must be filed within one year after the complaint, otherwise they lapse.

Art. 13 Confidentiality and privacy

Both parties are bound to keep confidential all confidential information they obtain during their agreement, whether from each other or from other sources. The party receiving confidential information may use it only for the specific purpose for which it was provided. Information is considered confidential when it is explicitly shared as such by one of the parties or when this follows from the nature of the information.

If, on the basis of a statutory provision or court ruling, we are required to disclose confidential information to third parties designated by law or by the competent court, we are not liable for damages or compensation. In that case, the client is not entitled to terminate the agreement on the basis of any resulting damage.

The client indemnifies us against liability relating to the registration of personal data, unless the client can demonstrate that the facts underlying the claim are exclusively attributable to us.

Art. 14 Governing law and competent court

Dutch law applies exclusively to all our offers, agreements and their performance. The Vienna Sales Convention is expressly excluded. Any other international arrangements that might apply to the agreement are likewise excluded insofar as the relevant arrangement permits exclusion.

Disputes, including disputes regarded as such by only one party, arising from or related to the agreement to which these Terms and Conditions apply, or to the Terms and Conditions themselves and their interpretation or performance, whether factual or legal in nature, will be settled by the competent civil court within whose jurisdiction our place of business is located, except where mandatory statutory provisions provide otherwise.

The parties undertake to make every effort to resolve any dispute by mutual consultation before submitting it to the court. In the event of a complaint about a treatment, the complaints procedure must be followed before the matter is submitted to the court.

In all cases other than disputes relating to a complaint about a treatment, we reserve the right to have the dispute settled by arbitration. In that case, we will notify the client in writing. The arbitrators’ fees will be borne by the parties as determined by the arbitrators.

Art. 15 Amendment and interpretation of the Terms and Conditions

When interpreting the content and scope of these Terms and Conditions, their text will always prevail. The most recently published version, or the version in force at the time the agreement was entered into, will apply at all times.

We reserve the right to amend these Terms and Conditions and are authorized to do so. Any amendments will take effect after publication of the revised Terms and Conditions.