General conditions Kawayanhair
1. Definitions
– The Hairdresser: Kawayanhair.
– The Customer: The person who has commissioned a hair treatment from the Hairdresser.
– The Salon: Physical location where the Hairdresser carries out her work;
– The Dispute Protection Committee: The group of three persons specially designated by ANKO for the implementation of the conditions, including an expert as referred to below and a lawyer. The members of the Dispute Mediation Committee, as well as the associated secretarial staff, are subject to the Honor Code Dispute Mediation for the Hairdressing Industry. The secretariat of the Dispute Resolution Committee is located at the ANKO office and is headed by the director of ANKO.
– Agreement: any agreement that, regardless of how, is concluded between Kawayanhair and the Customer.
– Experts: Persons specially designated for the assessment of complaints, with specific expertise in the field of hair treatments.
– Hair Treatments: All forms of hair treatments with the exception of wigs or artificial hair or other forms of third party hair application.
Information about Kawayanhair.
Kawayanhair is located at Spuistraat 224bg, 1012VT Amsterdam and registered with the Chamber of Commerce under number 6228995.
1. The General Terms and Conditions of Kawayanhair apply to every offer of and Agreement with Kawayanhair between Kawayanhair and the Customer, to which Kawayanhair has declared these Terms and Conditions applicable. The General Terms and Conditions of Kawayanhair apply regardless of the General Terms and Conditions of any other party: these are rejected in principle. The General Terms and Conditions of Kawayanhair only do not apply if the parties have expressly agreed in writing.
2. If these General Terms and Conditions are deviated from in writing, the other provisions will remain valid.
3. Changes to these General Terms and Conditions agreed in writing only apply to the cases specified in that specific Agreement.
4. After having been accepted for the first time, the General Terms and Conditions do not have to be explicitly agreed each time, but are then deemed to have been accepted tacitly. This applies to all further Agreements between De Bruijn Haarmode and the Customer.
1. The agreement between the Hairdresser and the Customer is concluded by means of offer and acceptance.
2. The hairdresser undertakes to carry out the hair treatment agreed with the customer.
3. The offer is indicated by means of prices displayed on the site or in the physical location of the Hairdresser.
4. The moment the Customer makes an appointment with the Hairdresser in any way, she agrees to the prices shown and the General Terms and Conditions of the Hairdresser.
1. The Customer undertakes to pay the agreed price for the hair treatment.
2. The rates for hair treatments are clearly stated by the Hairdresser on a rate list that is visible to the customer (online and in the Salon).
3. Rates on the website or in the Salon may change due to (unforeseen) changes, activities or price increases.
1. The Hairdresser guarantees that the hair treatment performed in the hairdressing salon meets the requirements of professional competence. He uses sound resources and materials for this.
2. With regard to the treatment to be performed, the Hairdresser may assume that the Client is in good physical condition for this purpose. Circumstances at the Customer that can influence the result of the hair treatment or that can lead to unwanted side effects for the Customer, must be indicated in advance by the Customer. This includes, for example, the use of medication, allergies and/or radiation, the use of do-it-yourself products and/or experiments with one’s own hair.
1. Appointments can be canceled or rescheduled free of charge up to 24 hours before the start.
2. If the appointment is rescheduled or canceled within these 24 hours, 50% of the costs of treatment and reserved treatment time will be charged.
3. If you do not show up at the agreed treatment time without stating cancellation or rescheduling of the treatment, 100% of the costs of treatment and reserved treatment time will be charged.
4. The Customer will be informed of this in writing by means of an invoice to the e-mail address specified by the Customer when making an appointment for the treatment.
1. If the treatment is not as the Customer could reasonably expect on the basis of the agreement, the Customer can submit a complaint to the Hairdresser.
2. The Customer must make a complaint known to the Hairdresser within one week after the hair treatment. For color treatments and comparable treatments, a period of 2 weeks applies. For permanent treatment, a period of 3 weeks applies.
3. The Hairdresser will make his point of view known orally or in writing to the Customer within 2 days after reporting the complaint.
4. If the Customer cannot agree with the Hairdresser’s point of view, he can submit his objection in writing or by telephone to the Dispute Resolution Committee. The time between the telephone report and the return of the complaint form may not exceed 5 days.
5. A complaint can be submitted to the Dispute Resolution Committee no later than within a period of one week after the Hairdresser has made his point of view known to the Customer. If the hairdresser does not respond to the report of a complaint, the possibility for a customer to submit a complaint to the Dispute Resolution Committee is limited to 10 days after the complaint has been made known to the hairdresser.
6. A complaint is submitted to the Dispute Resolution Committee by using the model complaint form. The model complaint form is available from the Kapper and ANKO.
7. The fully completed and signed complaint form must be accompanied by an amount of €10, either by check or in cash.
8. The amount referred to in Article 7.7 will be refunded to the Customer if the complaint is declared well-founded in the opinion of the Dispute Resolution Committee.
9. Immediately after receipt of the complaint, the Dispute Resolution Committee will send a copy of it to the Hairdresser for comment.
10. The Hairdresser can respond to this in writing to the Dispute Resolution Committee within 3 working days after the date of the message as referred to in Article 7.9.
11. Immediately after receipt of the written documents as referred to in Articles 7.5 and 7.10, or after the expiry of the period referred to in Article 7.10, the Dispute Resolution Committee will assess whether the complaint can be settled in writing or whether the Expert will to whom the complaint pertains. In that case, the expert will assess the result of the hair treatment within one week in a neutral place to be designated by him.
12. Both the Hairdresser and the Customer have the opportunity to express a preference for another Expert once within 2 working days after the date of the postmark of the announcement as to who will act as expert.
13. The Expert referred to above will express his opinion on the complaint within 2 working days by means of a written report to the Dispute Resolution Committee. Immediately after this, the Dispute Resolution Committee determines its position.
14. The Dispute Resolution Committee will, within two weeks after it has determined its position, inform both the Customer and the Hairdresser of its decision, in writing and with reasons.
15. The secretary of the Dispute Resolution Committee will contact both parties 14 days after sending the letter to the Hairdresser and Customer containing the decision, in order to inquire whether the complaint has been handled/resolved satisfactorily.
1. If the Customer’s complaint is declared well-founded, the Hairdresser will be given binding advice on how to act.
2. This binding advice may extend to:
– repeating the treatment free of charge;
– performing one or more recovery treatments free of charge;
– the return of the treatment fee.
3. This decision will also indicate the period within which this treatment(s) must take place.
1. These regulations only apply to complaints regarding the hair on the head. The regulation of damage to body, clothing or otherwise is not governed by these regulations, but falls under the normal liability rules and other legal provisions.
1. A complaint will not be processed if:
– the complaint has not been received within the term referred to in Article 7.2;
– the model complaint form has not been used;
– this has not been fully completed and signed;
– the payment as referred to in Article 7.7 is not included;
– this complaint falls under the provisions of Article 9;
– the customer has performed a remedial treatment himself;
– the customer has had a remedial treatment carried out by third parties.
2. With regard to the provisions of points 6 and 7 of paragraph 1, a complaint will only not be processed if and insofar as a substantive assessment of the complaint is no longer possible in the opinion of the Dispute Resolution Committee.
1. If the Customer or the Hairdresser is of the opinion that errors have been committed in the procedure, he has the option of appeal to the main board of ANKO.
2. This appeal option is open for one month after the day on which the Dispute Resolution Committee has sent its decision to the person concerned.
3. The ANKO handling conditions have been filed with the District Court in Amsterdam.
1. Kapper is not liable for damage resulting from circumstances that were not foreseeable for Hairdresser at the time of entering into the Agreement. Such circumstances include: lack of raw materials, factory failure of any kind, strike, lockout or lack of employees, quarantine, epidemics, pandemics, natural disasters, mobilization, state of siege, state of war or war, traffic congestion at railways or lack of means of transport, traffic blockages, illness for any reason or cause thereof or other unforeseen circumstances that were not known at the time of entering into the Agreement.
2. The Hairdresser has the right to suspend or dissolve the fulfillment of the Agreement in the event of force majeure. Kapper reserves the right to invoice the already executed part of the Agreement to the Customer.
3. If the Hairdresser still performs a temporarily suspended part of the Agreement at a later date, the Customer owes the entire agreed consideration without any form of discount.
2. De nietigheid of vernietigbaarheid van één of meerdere bepalingen van deze Algemene Voorwaarden, staat aan de toepasselijkheid van de overige bepalingen van deze Algemene Voorwaarden niet in de weg. Kawayanhair en Klant zullen in overleg treden om nietige c.q. vernietigde bepalingen van deze algemene voorwaarden te vervangen door bepalingen, die zoveel mogelijk aansluiten bij het doel en de strekking van de nietige c.q. vernietigde bepalingen.
The provisions of these general terms and conditions of Kapper, which are expressly or tacitly intended to remain in force after termination of an Agreement, will remain in force afterwards and continue to bind both parties.
In the event that these general terms and conditions and the order confirmation contain conflicting terms and conditions, the terms and conditions included in the order confirmation will apply if an explicit order confirmation has been given. In all other cases, these general terms and conditions are leading.
Dutch law is declared applicable to all Agreements between the Customer and the Hairdresser.
The Central Netherlands Court, Location Utrecht (Civil Affairs Chamber/Canton) is authorized to take cognizance of disputes between the Hairdresser and the Customer. Nevertheless, Kapper has the right to submit the dispute to the competent court according to the law.
Taking into account the possible evolutions of the website and Kapper’s working method, Kapper reserves the possibility to adapt or change these General Terms and Conditions at any time. In that case, the new General Terms and Conditions will be communicated to the customer by (online) amendment and will apply to any Agreement that is realized after the amendment.
In all cases not provided for in these general terms and conditions, the Agreement will be interpreted in the light of these general terms and conditions and in a reasonable and fair manner.
Do you have any questions about our Terms and Conditions? Please feel free to contact us using the details below.
Mail: info@kawayanhair.nl
Tel: 020-4233733
Address: Spuistraat 224bg, 1012VT Amsterdam
VAT identification number: NL854748398B01
