Definitions
1.1. Service Provider: Trans Makeover, located at Wijde Wormer 260, registered with the Chamber of Commerce under number 56989806.
1.2. Customer: the natural or legal person who uses the services of the Service Provider.
1.3. Services: all services offered by the Service Provider, including, but not limited to, on-site treatments and personal coaching.
Applicability
2.1. These general terms and conditions apply to all offers, quotations, agreements, online bookings and services between the Service Provider and the Customer.
Offers and agreements.
3.1. All offers are non-binding and valid for 14 days from issue unless otherwise stated. Price changes are reserved.
3.2. An agreement comes into effect once the Customer has accepted an offer in writing, the Customer has made a booking (via email, website, or by phone), or the Service Provider has begun performing the services.
Execution of the services
4.1. The Service Provider shall perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
4.2. The Customer shall ensure that all information, which the Service Provider needs for the proper performance of the Services, is provided to the Service Provider in a timely manner.
4.3. The Service Provider shall not be liable for damages resulting from incorrect or incomplete information provided by the Customer.
Payment
5.1. Payment shall be made within 14 days of the invoice date, unless otherwise agreed.
5.2. An appointment will not be fixed until a payment has been made, unless otherwise agreed. Preparations for an appointment will only be carried out when a payment has been made.
5.3. Payments made through the website and payment links are processed through the payment platform Mollie. The recipient of the payment is “Coaching by Lux via Mollie” with the description “Order/payment request coachingbylux.com” with an order number as identification.
Cancellation and rescheduling of appointments
6.1. Appointments must be cancelled or rescheduled at least 14 days in advance. For cancellation within 14 days to 7 days before the appointment, the Client is entitled to a 50% refund of the amount of the appointment. For cancellation within 7 days before the appointment, the Service Provider may charge the full amount of the appointment.
6.2. If costs have been incurred by the Service Provider in preparation for the appointment, these costs will be deducted from any refundable amount. The Customer will be informed of the amount of these costs and the calculation of the amount to be returned.
Liability
7.1. The Service Provider shall only be liable for direct damages resulting from intent or gross negligence of the Service Provider.
7.2. The Service Provider’s liability shall in any case be limited to the amount covered by the Service Provider’s liability insurance.
7.3. The Service Provider shall not be liable for indirect damages, such as consequential damages, lost profits, lost savings and damages due to business interruption.
Complaints
8.1. Complaints about the performance of the services must be reported to the Service Provider in writing, stating reasons, within 14 days of discovery of the shortcoming.
8.2. The Service Provider shall respond in writing within 14 days after receipt of the complaint and, if possible, propose a solution.
8.3. If the complaint is well-founded, the Service Provider will still perform the services correctly, unless this has meanwhile become demonstrably pointless for the Customer.
Photography Services
9.1. The Service Provider shall perform the photography services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
9.2. The Service Provider respects the Customer’s privacy and shall not share, publish or otherwise disclose any of the Customer’s visual material without the Customer’s prior, express consent.
Intellectual Property and Copyright.
10.1. All intellectual property rights arising from the Services, such as advice, designs, documentation and coaching materials, shall remain the property of the Service Provider.
10.2 Without the Service Provider’s prior written consent, the Customer may not disclose or reproduce any data from or portions of the documents provided.
10.3. The copyright in all photographs and visual material taken by the Service Provider shall be vested in the Service Provider.
10.4. Upon payment of the invoice in full, the Customer obtains a non-exclusive, non-transferable license to use the photographs and visual material for personal purposes or, if agreed, for commercial purposes. The Customer is not permitted to edit, modify, sell or otherwise exploit the photographs and visual material without the prior written consent of the Service Provider.
Delivery and acceptance of photographs and visual material.
11.1. The Service Provider shall deliver the photographs and visual material to the Customer within the agreed deadline. If no deadline is agreed upon, the Service Provider shall deliver the photographs and visual material within a reasonable time.
11.2. The Customer must check the received photographs and visual material for any defects or shortcomings within 14 days of receipt. If the Client does not report any defects or shortcomings in writing within this period, the visual material shall be deemed accepted.
Retouching and adjustments.
12.1. Retouching and adjustments of photographs and visual material are included in the price, up to the number of hours agreed in the quotation or agreement. Additional retouching and adjustments will be charged at the Service Provider’s applicable hourly rate.
Confidentiality
13.1. Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the agreement. Information shall be considered confidential if so indicated by the other party or if it arises from the nature of the information.
Applicable law and disputes.
14.1. All legal relationships between the Service Provider and the Customer shall be governed by Dutch law.
14.2. Disputes between the Service Provider and the Customer shall be submitted to the competent court in [place name], unless otherwise required by mandatory law.
Amendment and explanation of the general terms and conditions
15.1. The Service Provider reserves the right to amend these general terms and conditions. Amendments shall enter into force at the time they are published on the Service Provider’s website or otherwise communicated to the Customer.
15.2. If one or more provisions of these general terms and conditions are null and void or destroyed, the other provisions will remain in full force. The parties will in that case consult to agree a new provision to replace the void or nullified provision, taking into account as much as possible the purpose and intent of the original provision.
Force majeure
16.1. In these general terms and conditions, force majeure means all external causes, foreseen or unforeseen, over which the Service Provider cannot exercise any influence and which prevent the Service Provider from fulfilling its obligations.
16.2. During force majeure, the obligations of the Service Provider shall be suspended. If the period of force majeure lasts longer than four months, both parties have the right to dissolve the agreement, without any obligation to compensate the other party for damages.
16.3. If the Service Provider has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to separately invoice the part already performed or executable. The Customer is obliged to pay this invoice as if it were a separate agreement.
Privacy and personal data
17.1. The Service Provider shall process personal data of the Customer in accordance with applicable laws and regulations on the protection of personal data, including the General Data Protection Regulation (GDPR). The Service Provider shall take appropriate technical and organizational measures to protect the Customer’s personal data from unlawful processing.
17.2. The Service Provider shall not retain Customer’s personal data for longer than necessary for the purposes for which they were collected, unless a longer retention period is required or permitted by law.
Final provision
18.1. The most recent version of the General Terms and Conditions can be found on the Service Provider’s website and will be sent free of charge upon request.
18.2. In cases not provided for in these general terms and conditions, the parties will try to reach a solution by mutual agreement.
Trans Makeover
Wijde Wormer 260
2905TZ Capelle aan den IJssel
010 668 1981
info@transmakeover.com
transmakeover.com
Chamber of Commerce Number 56989806
Last change date: Saturday 1 April 2023
