Terms & Conditions

DAGA CS
E-mail: info@dagacs.nl
Website: www.dagacs.nl

Article 1 - Definitions

1. DAGA CS: Daga Cosmetcic Styling, located in Geldermalsen, Chamber of Commerce number KvK 73017833.
2. Customer: the party with whom DAGA CS has entered into an agreement.
3. Parties: DAGA CS and Customer together.
4. Consumer: a Customer who is also an individual and acts as a private person.

Article 2 - Applicability

1. These conditions apply to all quotations, offers, work, orders, agreements, and the provision of services or products by or on behalf of DAGA CS.
2. Deviation from these conditions is only possible if agreed upon in writing by DAGA CS and the Customer.
3. DAGA CS and the Customer explicitly exclude the applicability of the Customer's general terms and conditions or others.

Article 3 - Prices

1. DAGA CS uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs unless agreed otherwise in writing.
2. DAGA CS reserves the right to change the prices of its services and products on its website and in other communications at any time.
3. Increases in the cost prices of products or parts thereof that DAGA CS could not foresee at the time of the offer or the conclusion of the agreement may lead to price increases.
4. The consumer has the right to cancel an agreement due to a price increase in clause 3 unless the increase is the result of a legal regulation.

Article 4 - Samples and Models

1. If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it is agreed in writing that the products to be delivered correspond to the sample or model.

Article 5 - Payments and Payment Terms

1. DAGA CS may require an advance payment of up to 50% of the agreed amount upon entering into the agreement.
2. The Customer must have paid a payment within [number] days after delivery.
3. The payment terms set by DAGA CS are strict deadlines. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without DAGA CS having to send a reminder or put the Customer in default.
4. DAGA CS may make the delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 6 - Right of Reclamation

1. If the Customer is in default, DAGA CS may invoke the right of reclamation with regard to the unpaid products delivered to the Customer.
2. DAGA CS exercises its right of reclamation by written or electronic notification to the Customer.
3. Once the Customer is informed of the invoked right of reclamation, the Customer must immediately return the relevant products to DAGA CS unless agreed otherwise in writing.
4. The Customer bears the costs of retrieving or returning the products in clause 3.

Article 7 - Right of Withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without providing a reason. This right of withdrawal does not apply when:
• the product has been used
• it is a product that can quickly spoil, such as food or flowers
• it is a product that is specially made or adapted for the consumer
• it is a product that cannot be returned for hygienic reasons, such as underwear or swimwear
• the seal is broken when it comes to data carriers with digital content, such as DVDs or CDs
• the product or service concerns lodging, travel, a restaurant business, transportation, a catering assignment, or a form of leisure activity
• the product is a separate magazine or newspaper
• the consumer has waived his right of withdrawal
2. The withdrawal period of 14 days in clause 1 begins:
   • on the day after the consumer has received the last product or part of 1 order
   • once the consumer has confirmed that he will consume digital content via the internet
3. The consumer can exercise his right of withdrawal by sending an email with that subject to info@dagacs.nl, possibly using the withdrawal form available on the website of DAGA CS, www.dagacs.nl.
4. The consumer must return the product to DAGA CS within 14 days of notifying his right of withdrawal, failing which his right of withdrawal will lapse.

Article 8 - Refund of Delivery Costs

1. If the consumer has timely withdrawn his purchase and returned the complete order to DAGA CS on time, DAGA CS will refund any shipping costs paid by the consumer within 14 days of receiving the timely fully returned order.
2. The costs of delivery are only borne by DAGA CS to the extent that the entire order is returned.

Article 9 - Refund of Return Costs

1. If the consumer exercises his right of withdrawal and returns the complete order on time, the Customer pays the costs for it.

Article 10 - Right of Retention

1. DAGA CS can exercise its right of retention, and in that case, keep products of the Customer until the Customer has paid all outstanding invoices from DAGA CS, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies based on previous agreements through which the Customer still owes money to DAGA CS.
3. DAGA CS is not liable for any damage the Customer incurs due to the use of its right of retention.

Article 11 - Reservation of Ownership

1. DAGA CS remains the owner of all delivered products until the Customer has paid all outstanding invoices from DAGA CS regarding an underlying agreement, including claims due to failure to fulfill.
2. Until that time in clause 1, DAGA CS may use its reservation of ownership and take back the items.
3. Before ownership has transferred to the Customer, the Customer may not pledge, sell, alienate, or encumber the products in any other way.
4. When DAGA CS exercises its reservation of ownership, the agreement is undone, and DAGA CS may demand compensation, lost profit, and interest from the Customer.

Article 12 - Delivery

1. Delivery takes place while supplies last.
2. Delivery takes place at DAGA CS, unless otherwise agreed.
3. Delivery of online ordered products takes place at the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, DAGA CS may suspend its obligations until the Customer pays.
5. In case of late payment, there is creditor default, and the Customer cannot object to delayed delivery to DAGA CS.

Article 13 - Delivery Time

1. The delivery times of DAGA CS are indicative. If delivered later, the Customer cannot derive any rights from it unless agreed otherwise in writing.
2. The delivery time starts when the Customer has completed the ordering process and has received confirmation from DAGA CS.
3. The Customer is not entitled to compensation and cannot undo the agreement when DAGA CS delivers later than agreed. The Customer can cancel the agreement in writing or if DAGA CS cannot deliver within 14 days after being prompted in writing, or the Customer and DAGA CS have agreed otherwise.

Article 14 - Actual Delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 15 - Transport Costs

1. The Customer pays the costs for transport unless the Customer and DAGA CS have agreed otherwise in writing.

Article 16 - Packaging and Shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, DAGA CS cannot be held liable for any potential damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to DAGA CS before transportation. If the Customer fails to do so, DAGA CS cannot be held liable for any potential damage.

Article 17 - Storage

1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any potential loss of quality is entirely on the Customer.
2. Any additional costs due to premature or delayed acceptance of products are entirely the responsibility of the Customer.

Article 18 - Warranty

1. The warranty on products applies only to defects caused by faulty manufacturing or construction or defective materials.
2. The warranty does not apply to:
   • normal wear and tear
   • damage caused by accidents
   • damage caused by modifications to the product
   • damage due to negligence or improper use by the Customer
   • when the cause of the defect cannot be clearly determined
3. The risk of loss, damage, or theft of the products subject to an agreement between the parties transfers to the Customer at the moment when they are legally and/or factually delivered, or at least come into the possession of the Customer or a third party receiving the product on behalf of the Customer.

Article 19 - Indemnification

1. The Customer indemnifies DAGA CS against all claims from third parties related to the products and/or services delivered by DAGA CS.

Article 20 - Complaints

1. The Customer must examine a product or service delivered by DAGA CS for any deficiencies as soon as possible.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform DAGA CS within 1 month after discovering the deficiency.
3. A consumer must inform DAGA CS no later than 2 months after discovering the deficiency.
4. The Customer provides a detailed description of the deficiency so that DAGA CS can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and DAGA CS.
6. When a complaint concerns ongoing work, the Customer cannot demand that DAGA CS perform other work than agreed upon.

Article 21 - Notice of Default

1. The Customer must communicate any notice of default to DAGA CS in writing.
2. The Customer is responsible for ensuring that his notice of default actually reaches DAGA CS on time.

Article 22 - Liability of the Customer

1. When DAGA CS enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 23 - Liability of DAGA CS

1. DAGA CS is only liable for damage suffered by the Customer if that damage is caused by intent or conscious recklessness.
2. When DAGA CS is liable for damage, it only applies to direct damage related to the execution of an underlying agreement.
3. DAGA CS is not liable for indirect damage, such as consequential damage, loss of profit, or damage to third parties.
4. When DAGA CS is liable, this liability is limited to the amount paid by a (professional) liability insurance. If no insurance is taken out or no damage amount is paid, the liability is limited to the (portion of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation, dissolution, or suspension.

Article 24 - Expiry Period

1. Any right of the Customer to compensation from DAGA CS expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 25 - Termination

1. The Customer may terminate the agreement if DAGA CS fails to fulfill its obligations attributable to it, unless such failure does not justify termination due to its special nature or minor significance.
2. If the performance of obligations by DAGA CS is still possible, termination can only take place after DAGA CS is in default.
3. DAGA CS may terminate the agreement with the Customer if the Customer does not fully or timely fulfill his obligations under the agreement, or if DAGA CS becomes aware of circumstances that give it good reason to believe that the Customer will not fulfill his obligations.

Article 26 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a failure by DAGA CS cannot be attributed to DAGA CS when there is force majeure as per this article.
2. Force majeure in paragraph 1 includes, among other things:
   • a state of emergency such as civil war or natural disaster
   • non-performance or force majeure by suppliers, delivery services, or others
   • power, electricity, internet, computer, or telecommunication failures
   • computer viruses
   • strikes
   • government measures
   • transportation problems
   • adverse weather conditions
   • work stoppages
3. In the event of force majeure preventing DAGA CS from fulfilling one or more obligations to the Customer, those obligations will be suspended until DAGA CS can fulfill them.
4. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and DAGA CS may terminate the agreement in writing in whole or in part.
5. In a force majeure situation, DAGA CS is not required to pay compensation to the Customer, even if DAGA CS benefits from it.

Article 27 - Amendment of Agreement

1. If it is necessary to amend a concluded agreement for its execution, the Customer and DAGA CS can adjust the agreement.

Article 28 - Amendment of General Terms and Conditions

1. DAGA CS may change these general terms and conditions.
2. Changes of minor importance can always be implemented by DAGA CS.
3. DAGA CS will discuss significant changes with the Customer as much as possible beforehand.
4. In the case of a significant change to the general terms and conditions, a consumer may terminate the underlying agreement.

Article 29 - Transfer of Rights

1. The Customer may not transfer rights from an agreement with DAGA CS to others without written consent from DAGA CS.
2. This provision applies as a stipulation with property law effect as in Article 3:83(2) of the Dutch Civil Code.

Article 30 - Consequences of Nullity or Annulment

1. If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these conditions.
2. A provision that is null or voidable will be replaced in that case by a provision that comes closest to what DAGA CS had in mind when drafting the conditions at that point.

Article 31 - Applicable Law and Competent Court

1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and DAGA CS.
2. The court in the district of the location of DAGA CS is exclusively competent to hear any disputes between the Customer and DAGA CS, unless the law provides otherwise.

Drawn up on October 25, 2023.

Cosmetic Salon Regulations

4191 GW, Geldermalsen
De Panoven 25

REGULATIONS EFFECTIVE FROM 01.03.2022

Definitions

• Salon: The place where cosmetic services are provided by Employees.
• Client: A person using the services offered by the Salon.
• Employee: A person employed by the Salon, providing cosmetic services.
• Deposit: The amount paid by the Client to reserve an appointment at the Salon.

General Provisions

1. The Salon accepts Clients only by prior appointment and confirmation of the visit.
2. The Client can book an appointment via the Salon's website (https://dagacs.nl), by phone, through social media, or in person at the Salon.
3. Appointment booking requires the payment of a Deposit, the amount of which is determined by the Employee. The Deposit must be paid within 24 hours of booking to confirm the appointment. Failure to pay results in the cancellation of the reservation.
4. Payment methods available at the Salon include: online payment on the Salon's website (https://dagacs.nl), cash, card payment, or bank transfer to the company's account.
5. The Client is required to arrive on time for the scheduled appointment. A delay of up to 15 minutes is acceptable. After this time, the Employee has the right to refuse the service. The Employee may offer a new appointment depending on availability.
6. The Employee has the right to refuse the service if they deem that the Client is under the influence of intoxicating substances or alcohol.
7. The Client may attend the appointment with one adult companion. For safety and comfort, we kindly ask that you do not bring children or pets.
8. During the treatment/styling, the Client is required to refrain from consuming alcohol and taking breaks for smoking or using e-cigarettes.
9. There is a strict ban on the consumption of alcoholic beverages and the smoking of tobacco products or e-cigarettes on the premises of the Salon and the building in which the Salon is located.
10. The Deposit is non-refundable unless the appointment is canceled due to the illness of the Client or Employee, or other unforeseen circumstances. In such cases, the appointment may be rescheduled without losing the Deposit. If the appointment is canceled by the Salon, the Deposit is fully refunded.
11. Rescheduling an appointment is possible no later than 24 hours before the scheduled time. If the rescheduling occurs later, the Client may be charged an additional fee of 20€, unless the delay is due to unforeseen circumstances such as illness. Rescheduling is allowed only once.
12. When booking the next appointment in person at the Salon, the Deposit for the next appointment may be added to the bill for the currently performed service.
13. In the case of purchasing a treatment package, the full value of the package is payable upfront at the time of booking. Failure to pay results in the cancellation of the reservation.
14. Complaints can be submitted within 7 days from the date of the appointment. In the case of a justified complaint, the service will be corrected at the expense of the Salon. Complaints related to damage to the styling not resulting from the Employee's error will not be recognized.