Article 1. Definitions

In these general terms and conditions, the following terms are used with a capital letter and have the meanings specified below, unless explicitly stated otherwise:

• Mysa Hair Clinic: The counterparty to the Agreement with the Client and the user of these general terms and conditions as per Article 6:231 sub b BW (Dutch Civil Code).
• Client: The natural person utilizing the services of Mysa Hair Clinic or purchasing products from Mysa Hair Clinic and counterparty to the Agreement with Mysa Hair Clinic as per Article 6:231 sub c BW.
• Hair Specialist: The natural person employed by Mysa Hair Clinic who performs the Treatment on the Client.
• Agreement: Any agreement established between Mysa Hair Clinic and the Client regarding the professional care and treatment of hair and scalp, any modifications or additions to it, as well as all (legal) actions related to the preparation and execution of that agreement.
• Treatment: All Treatments related to the professional care and treatment of hair and scalp performed by Mysa Hair Clinic.
• Work: All work commissioned in the field of professional care and treatment of hair and scalp, in the broadest sense of the word.
• Parties: Mysa Hair Clinic and Client collectively.
• Written: In these general terms and conditions, “written” also includes communication via email, fax, digital methods (e.g., online interfaces), or any other form of electronic or digital communication, provided that the sender’s identity and content integrity are sufficiently established.

Article 2. Applicability

• These general terms and conditions apply to all offers, Agreements, work, and deliveries of Mysa Hair Clinic, of any nature, unless such applicability is explicitly excluded in whole or in part in writing or otherwise agreed.
• Any terms of the Client are explicitly rejected. Deviations from and additions to these terms and conditions only apply if and to the extent that they have been expressly and in writing accepted by Mysa Hair Clinic.
• If Mysa Hair Clinic allows deviations from these general terms and conditions for a short or extended period, whether explicitly or tacitly, this does not affect its right to demand strict compliance with these conditions. The Client can never claim any rights based on Mysa Hair Clinic’s leniency in applying these conditions.
• If one or more provisions of these general terms and conditions or any other agreement with Mysa Hair Clinic conflict with a mandatory statutory provision or applicable legal regulation, the relevant provision will become void and will be replaced by a new, legally permissible, and comparable provision determined by Mysa Hair Clinic.
• These terms and conditions also apply to all Agreements with Mysa Hair Clinic involving third parties. These third parties can make a direct claim on these terms and conditions, including any limitations of liability.
• The Client cannot invoke the fact that the general terms and conditions were not provided if Mysa Hair Clinic has previously provided these terms and conditions to the Client and referred to them.
• Mysa Hair Clinic reserves the right to modify these terms and conditions at any time. The amended terms and conditions will apply from the moment the Client is notified of the change, provided that for already concluded Agreements, the terms and conditions in effect on the day the Agreement was concluded will remain applicable.

Article 3. Formation of the Agreement

• The Agreement is formed when the Client has completed and signed the treatment form. From that moment, the cancellation terms apply, and the Client owes the full amount for the Treatment to Mysa Hair Clinic.

Article 4. Execution of the Treatment Agreement

• Mysa Hair Clinic will execute the Agreement as a diligent contractor and carefully and properly perform the work. Mysa Hair Clinic ensures that all employees engaged have the necessary training, knowledge, and skills for the relevant Treatment.
• Mysa Hair Clinic will inform the Client about the nature and scope of the Treatment, the reasonably expected results, and the potential risks associated with the Treatment.
• Mysa Hair Clinic requests information from the Client that is relevant for the proper execution of the Treatment. The Client will provide Mysa Hair Clinic with the information and cooperation needed for the execution of the Treatment and must follow the advice of Mysa Hair Clinic. The result of the Treatment may be negatively affected if the Client does not follow Mysa Hair Clinic’s advice properly or sufficiently.
• Mysa Hair Clinic is expected to work according to applicable laws and regulations and the state of the art, as reflected in the relevant industry code issued by the HBA.
• Mysa Hair Clinic will not perform actions beyond its professional competencies, which may mean that Mysa Hair Clinic will refrain from certain Treatments.
• The Agreement with Mysa Hair Clinic is an effort obligation, not a result obligation. The Client must inform Mysa Hair Clinic of any specific wishes before the Agreement is concluded. Mysa Hair Clinic cannot guarantee that the desired result will be achieved. Mysa Hair Clinic will inform the Client as much as reasonably possible about the expected results of the Treatment(s) before and during the treatment process, but cannot be held to any specific result.

Article 5. Cancellation, Rescheduling, and No-show

• The Client may cancel or reschedule the appointment for a Treatment free of charge up to 48 hours before the agreed Treatment. Mysa Hair Clinic will charge the Client the full costs of the Treatment if the Client fails to cancel or reschedule the appointment in time or fails to show up (no-show).
• If the Client is not present at the agreed time for the Treatment, the duration of the Treatment will be shortened by the time the Client is late, up to a maximum of 15 minutes. If the Client arrives more than 15 minutes late, the Treatment will be canceled, and Mysa Hair Clinic reserves the right to charge the full cost of the Treatment to the Client.
• If there is an outstanding invoice for a previous Treatment, the Client must settle this invoice before scheduling a new appointment.
• When the Client cancels a booked Treatment in time or opts out of the Treatment, the Client will receive a voucher for the amount already paid for the unperformed Treatments. No cash refunds will be given under any circumstances.
• Unless proven otherwise, Mysa Hair Clinic’s records, including email and other electronic communications, serve as conclusive proof of the appointment made.

Article 6. Modification, Termination, Suspension, or Cancellation of the Agreement

• If it becomes apparent during the execution of the Treatments that it is necessary to modify or supplement them for proper execution, the Parties will consult on this. The Client agrees to a modification or addition if reasonably required. The Client cannot be compelled to a modification or addition to the Agreement if this incurs additional costs for the Client.
• Mysa Hair Clinic has the right to terminate, cancel, or suspend the Agreement if: a. The Client behaves improperly or disrespectfully towards Mysa Hair Clinic (employees); b. The Client has not met the payment terms for the Treatment; c. It appears that the Client has provided incorrect or incomplete information to Mysa Hair Clinic, which may affect the successful result of the Treatment; d. Circumstances arise that make it unreasonable for Mysa Hair Clinic to fulfill its obligations. In such cases, Mysa Hair Clinic will propose rescheduling the Treatment to the Client; e. The Client fully or partially cancels the Agreement without justifying a case mentioned in the previous paragraph, the Client is liable for the costs already incurred by Mysa Hair Clinic and must fully compensate for the lost profit.
• If the Agreement is terminated or canceled, Mysa Hair Clinic’s claims against the Client are immediately due. If Mysa Hair Clinic suspends the performance of obligations, it retains its claims under the law and the Agreement.

Article 7. Rates and Payment

• The amounts owed by the Client for the Treatment and Work are inclusive of VAT unless stated otherwise. The agreed amount is due in advance, unless otherwise agreed in writing.
• Payment must be made via transfer to a bank account designated by Mysa Hair Clinic or by card payment. If payment is via a one-time authorization, the authorization form must be fully completed and signed and provided to Mysa Hair Clinic.
• If payment is not made within the agreed period, the Client is deemed to be in default by operation of law and owes interest of 1% per month or part thereof on the outstanding amount, without the need for further notice of default.
• The Client must fully reimburse extrajudicial collection costs if the Client fails to pay the amount owed despite reminders. The reimbursement of extrajudicial collection costs amounts to 15% of the outstanding principal sum with a minimum of €150, plus applicable VAT.
• In the event of late payment by the Client, Mysa Hair Clinic is authorized to suspend or terminate the performance of the Agreement immediately.

Article 8. Liability

• Mysa Hair Clinic is not liable for any damage of any kind arising from relying on incorrect and/or incomplete information provided by or on behalf of the Client.
• Mysa Hair Clinic is also not liable for any damage related to reasons other than failure to properly fulfill the agreement.
• If Mysa Hair Clinic has any liability towards the Client, such liability is limited to the invoice value of the Agreement, or to the part of the Agreement to which the liability pertains.
• Mysa Hair Clinic is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.
• The Client indemnifies Mysa Hair Clinic against any claims from third parties suffering damage in connection with the Agreement, where the cause is attributable to the Client.
• If Mysa Hair Clinic is approached by third parties in this regard, the Client must assist Mysa Hair Clinic both outside and in legal proceedings, and take all necessary actions. If the Client fails to take adequate measures, Mysa Hair Clinic may, without further notice, take such measures itself. All costs and damage incurred by Mysa Hair Clinic and third parties will be fully borne by the Client.

Article 9. Force Majeure

• Force majeure includes, in addition to what is understood by law and jurisprudence, all external causes, whether foreseeable or not, which Mysa Hair Clinic cannot control and which prevent it from fulfilling its obligations.
• During force majeure, Mysa Hair Clinic’s obligations are suspended. If this period lasts longer than 3 months, both parties are entitled to terminate the Agreement without obligation for damages.
• If Mysa Hair Clinic has partially fulfilled its obligations at the onset of force majeure, or can only partially fulfill them, it is entitled to invoice the performed or to-be-performed part separately. The Client must pay this invoice as if it were a separate agreement.

Article 10. Intellectual Property

• All intellectual property rights, including but not limited to copyrights, trademark rights, patent rights, and know-how related to treatments and services developed or provided by Mysa Hair Clinic, belong to Mysa Hair Clinic.
• The Client is not allowed to reproduce, disclose, or copy these treatments and services without prior written consent from Mysa Hair Clinic.

Article 11. Applicable Law and Disputes

• Dutch law exclusively applies to all legal relationships involving Mysa Hair Clinic, even if obligations are performed wholly or partially abroad or if the involved party resides there.
• The applicability of the Vienna Convention is excluded.
• All disputes arising from or related to the Agreement will be exclusively submitted to the competent court in the district where Mysa Hair Clinic is located, unless mandatory legal provisions dictate otherwise.

Article 11. Handling Complaints

• In the event of a complaint, the Client must notify Mysa Hair Clinic in writing as soon as reasonably possible so that both parties can work towards a resolution.
• The Client may not disclose or make complaints about treatments performed by Mysa Hair Clinic public in the media or on social media. Any damage, including reputational and image damage, suffered by Mysa Hair Clinic due to such disclosures will be fully recovered from the Client.
• Complaints regarding the execution or result of the treatment must be reported in writing to Mysa Hair Clinic within 30 days after the treatment. Complaints made after this period will not be processed.
• A complaint does not suspend the Client’s payment obligation. If a complaint is justified and rectification is possible, Mysa Hair Clinic will carry out the work as agreed. Mysa Hair Clinic will not refund the cost of the treatment but may offer a voucher as compensation.

Article 12. Force Majeure

• Mysa Hair Clinic is not obliged to fulfill any obligation towards the Client if it is hindered by circumstances not due to its fault and not otherwise its responsibility. Such circumstances include strikes, unforeseeable staff shortages, illness of a hair specialist, departure of a hair specialist, a general shortage of necessary materials or services required for the treatment.
• During a period of force majeure, Mysa Hair Clinic’s obligations are suspended. If this period lasts longer than six months, both parties have the right to terminate the agreement without obligation for damages.
• If Mysa Hair Clinic has partially fulfilled its obligations at the onset of force majeure and the Agreement is terminated, Mysa Hair Clinic may invoice the performed part, and the Client is obliged to pay this amount.
• If the Client has already paid for a treatment, in whole or in part, at the onset of force majeure and the Agreement is terminated, the Client is entitled to a refund for the part of the treatment that did not occur.
• Both Mysa Hair Clinic and the Client retain the right to reschedule the date and/or time of the treatment due to demonstrable special circumstances (force majeure).

Article 13. Disputes

• Dutch law applies to the Agreements with Mysa Hair Clinic. All disputes related to these Agreements will be settled by the competent court.
• Parties must first attempt to resolve disputes through mutual consultation before resorting to the court or a complaints or dispute resolution committee.

Article 14. Dispute Resolution

• Disputes between consumers and Mysa Hair Clinic regarding the formation or performance of agreements can be submitted to the Disputes Committee (www.degeschillencommissie.nl) by either the consumer or Mysa Hair Clinic.
• A dispute will only be handled by the Disputes Committee if the consumer has first submitted their complaint to Mysa Hair Clinic.
• After submitting the complaint to Mysa Hair Clinic, the dispute must be brought to the Disputes Committee within three months of its occurrence.
• When a consumer submits a dispute to the Disputes Committee, Mysa Hair Clinic is bound by this choice. If Mysa Hair Clinic wishes to submit a dispute to the Disputes Committee, it must ask the consumer to confirm their agreement within five weeks. Mysa Hair Clinic must indicate that if the consumer does not agree within this period, Mysa Hair Clinic will feel free to bring the dispute before the court.
• The Disputes Committee makes decisions according to its applicable regulations. Decisions are made as binding advice based on that regulation. The regulation will be provided upon request. A fee is charged for dispute handling.
• Only the court or the Disputes Committee mentioned above has the authority to handle disputes.

Article 15. Compliance Guarantee

• The Dutch employers’ organization in the hairdressing sector, ANKO, guarantees compliance with binding advice related to their members, unless the member decides to submit the binding advice to the court within two months after delivery. The guarantee is renewed if the binding advice remains upheld after judicial review and the judgment becomes final.
• The guarantee to the consumer is limited to a maximum amount of €7,500 per binding advice. For amounts exceeding this limit, the consumer is offered the option to transfer their claim to ANKO, which will then pursue payment on behalf of the consumer.
• ANKO does not provide a compliance guarantee if, before handling the dispute, any of the following formal requirements are not met: payment of complaint fees, return of the completed and signed questionnaire, and any required deposit, and if any of the following situations apply:
  • a. The member has been granted a suspension of payments;
  • b. The member has been declared bankrupt;
  • c. The business activities have been effectively terminated.
  • The determining date for this situation is the date on which the business termination is registered in the Chamber of Commerce’s Trade Register or an earlier date, of which ANKO can demonstrate that the business activities have effectively ceased.