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General <\/b><\/p>\n
Article 1.<\/span><\/strong> The purpose of these general terms and conditions is to describe and govern the contractual relationship between, on the one hand, the “Novaskin Clinic” centers, franchised – legally and financially independent – or branches of “Novaskin Clinic” (the “center(s)”) located in Belgium, and, on the other hand, the customers of these centers, and to inform the latter of the terms and conditions under which the Novaskin Clinic centers in Belgium sell products and\/or gift invitations and\/or care services.<\/p>\n \n Article 2.<\/span><\/strong> The present general conditions apply to the various services listed below, performed by Novaskin Clinic and for which the customer has given his agreement, in accordance with articles 9 and\/or 11 of the present conditions.<\/p>\n These include, but are not limited to, services related to aesthetics, such as :<\/p>\n hereinafter referred to under the general term “the services”, but also<\/p>\n \u00a72. The present terms and conditions also apply to any service or sale not covered above and carried out by Novaskin Clinic in the course of its business.<\/p>\n \u00a73. By “customer” is meant the individual or professional using Novaskin Clinic’s services and, where applicable, having validated an offer or purchase, in accordance with these terms and conditions.<\/p>\n \u00a74. The term “offer” refers to any offer made by Novaskin Clinic following an initial meeting with the customer.<\/p>\n \u00a75. By “purchase” is meant any purchase of products or gift invitations by the customer on Novaskin Clinic premises.<\/p>\n \n Article 3.<\/span><\/strong> Prior to purchase, the customer declares that he\/she has full legal capacity to enter into the present terms and conditions.<\/p>\n \n Application of general conditions<\/b><\/p>\n Article 4.<\/span><\/strong> \u00a71. These terms and conditions take precedence over any other general or special conditions. They may be modified at any time by Novaskin Clinic. The latter undertakes to inform the customer as soon as possible. The new version of the general terms and conditions will only apply to contracts concluded after their entry into force.<\/p>\n Deviations from these general terms and conditions are possible by means of special or contractual terms and conditions. In the event of any contradiction between these general terms and conditions and any special or contractual terms and conditions, the latter shall prevail.<\/p>\n \u00a72. The customer is bound by these terms and conditions as soon as he signs the offer or purchase. By signing or at the time of purchase, as mentioned above, the customer declares that he has read and understood them.<\/p>\n If the offer is validated electronically, the customer is bound by these terms and conditions as soon as the agreement is transmitted to the company electronically or confirmed by the company in writing, in any form whatsoever.<\/p>\n \n Article 5.<\/span><\/strong> In accordance with article VI-2 of the Code of Economic Law, the customer may, prior to his purchase, acquaint himself with the essential characteristics of the products and\/or gift invitations and\/or services he wishes to purchase, on the Novaskin Clinic website, by telephone or in the Centre. The customer selects one or more products and\/or one or more gift invitations and\/or one or more services from the various categories offered by Novaskin Clinic.<\/p>\n \n Obligation of means<\/b><\/p>\n Article 6. <\/span><\/strong>\u00a71<\/span>.<\/span><\/strong> The services and sales are qualified as an obligation of means <\/span>unless otherwise expressly agreed between Novaskin Clinic and the customer. Novaskin Clinic undertakes to make every effort to provide the services requested by the customer. However, the company is not obliged to implement measures that are disproportionate to the objective to be achieved.<\/p>\n \u00a72. In the event of non-compliance with its obligation, it is up to the customer to demonstrate that Novaskin Clinic has not fulfilled its obligation of means.<\/p>\n \n Electronic documents<\/b><\/p>\n Article 7.<\/span><\/strong> In the event that the offer, or any other communication between the parties, is the subject of an electronic exchange (e.g. by e-mail) between the customer and Novaskin Clinic and that, consequently, the contract or sale is concluded outside the customer’s place of business, the customer expressly accepts that the electronic exchanges constitute the contractual relationship and may serve as proof of its existence.<\/p>\n \n Offer – Prices and contractual documents<\/b><\/p>\n Article 8.<\/span><\/strong> Prices are inclusive of all taxes in euros and include VAT applicable on the date of the order for purchase or agreement on the offer of services. Any change in the applicable VAT rate will automatically be reflected in the price of the products and\/or gift invitations and\/or services sold. Novaskin Clinic reserves the right to modify its prices at any time (as long as the modification is prior to the conclusion of the contract binding the parties to the amount of the service), it being specified, however, that the price indicated on the day of the request or order will be the only price applicable to it. The purchaser will be informed of any price changes prior to purchase.<\/p>\n \n Article 9.<\/span><\/strong> \u00a71. The first consultation is free of charge and without obligation. At the end of this process, Novaskin Clinic sends the customer a carefully prepared quotation valid for 30 calendar days from the date of issue.<\/p>\n \u00a72. The customer’s agreement to the content of the offer, the protocol and these general terms and conditions of sale is given by signing the offer and paying the deposit determined by Novaskin Clinic on the basis of the amount of the offer drawn up for the customer.<\/p>\n \u00a73. Any deposit paid will not be refunded.<\/p>\n \u00a74. No refunds will be given for packages that have been started or not. In the event that the customer is unable to start or continue the services, the reasons will be examined and, if valid proof is provided, the package will be converted into a credit note that can be used for another service, product or gift offered by the Novaskin Clinic concerned, subject to availability. Assumptions of impossibility will be examined on a case-by-case basis and must be justified by <\/span>the customer. All credit notes are valid for 6 (six) months from the date of issue.<\/p>\n \n Article 10.<\/span><\/strong> <\/span>In the event of a request <\/span>for additional services not included in the offer, the general terms and conditions applicable are identical to those for the services initially requested and agreed to by the customer. Any request not included in the initial offer will be the subject of a supplementary offer subject to the customer’s express agreement in accordance with article 9 \u00a72 above.<\/p>\n \n Article 11.<\/span><\/strong> \u00a71. When purchasing products or gift invitations, the customer confirms his\/her purchase by validating his\/her payment and accepts, with full knowledge of the facts and without reservation, the present general conditions of sale, the prices, volume and quantities of the products and\/or gift invitations offered for sale and purchased.<\/p>\n \u00a72. In-center purchases are firm and final. No purchase (gift invitation, cosmetic product or other) will be refunded, as the customer has no legal right of withdrawal for a purchase that is not made online or off-premises. No purchase of product(s) or invitation(s) made in the center following an initial request for information leading to the purchase of the product(s) or invitation(s) will be refunded in full or in part.<\/p>\n \u00a73. In all cases, no product (cosmetic or otherwise) will be reimbursed or exchanged for any credit, except in the case of lack of conformity (reference to Belgian provision Article VI. 2 of the Economic Law Code) or latent defect.<\/p>\n \n \n Compensation in the event of cancellation of a service<\/b><\/p>\n Article 12.<\/span><\/strong> \u00a71. In the event of cancellation of the service, for whatever reason, the customer must notify the Novaskin Clinic where the appointment was scheduled at least 48 hours before the start of the service in order to be entitled to reschedule the appointment at a later date. In the event of cancellation within 48 hours of the start of the service, the session will be invoiced in addition to the package provided in the offer and accepted by the customer, and another appointment will be scheduled so that the customer can complete all the sessions provided for in the package offered by Novaskin Clinic.<\/p>\n \u00a72. All appointments required to perform the service proposed in the package must be made within the period recommended by Novaskin Clinic and included in its offer. If this period is exceeded, the package will be subject to an additional charge to cover the period not covered by the initial package.<\/p>\n \n Payment of benefits<\/b><\/p>\n Article 13.<\/span><\/strong> \u00a71. In the case of care services, the customer is obliged to pay for the services in accordance with the following terms and conditions:<\/p>\n \u00a72. Novaskin Clinic sends the invoice to the customer by post or e-mail. If the order is sent by e-mail, it will be sent to the e-mail address provided by the customer when signing the offer. Novaskin Clinic will not be held responsible if the e-mail address provided by the customer is incorrect.<\/p>\n In addition, in the event of a change in the e-mail address or postal address, the customer must inform Novaskin Clinic immediately. No additional payment period will be granted to a customer who has failed to transmit the change of e-mail address for sending the invoice(s).<\/p>\n \u00a73. Invoices for services are deemed to have been received on the day following the day on which they are sent by post (date as postmark) or on the day following the day on which they are sent by e-mail.<\/p>\n Invoices are payable on receipt by the customer.<\/p>\n \u00a74. Payments for services can be made by the customer by the following means:<\/p>\n \u00a75. In any event, any amount unpaid within 8 days of its due date, or refused by the customer’s payment institution or by the customer himself\/herself, in whole or in part, will be the subject of a formal notice, as a first reminder free of charge. \u00a76. In the event of unilateral breach of contract or product order by the customer, the customer will be liable to pay a flat-rate compensation for damages amounting to 100% of the order.<\/p>\n \n Customer obligations<\/b><\/p>\n Article 14.<\/span><\/strong> \u00a71. The customer is informed of the duration of the treatment purchased (24 months). The customer must follow Novaskin Clinic’s protocol and, in particular, respect the protocols and contraindications that will have been established and explained during the information appointment. If the customer <\/span>does not comply with this protocol, which guarantees optimal and safe treatment, Centre Novaskin Clinic reserves the right to limit treatment.<\/p>\n \u00a72. In the event of pregnancy, the package is suspended for a period of 15 months upon presentation of proof of pregnancy. The customer must contact the center within the 14th month of suspension to reactivate the package. If this condition is not met, the package will be automatically cancelled.<\/p>\n \u00a73. Any period of more than 4 months between two sessions will result in the immediate and definitive cancellation of the current package to the customer’s detriment.<\/p>\n \n Limitation of liability <\/b><\/p>\n Article 15.<\/span><\/strong> \u00a71. Novaskin Clinic reserves the right to refuse any request for treatment services for legitimate reasons, in particular in the event that the customer falls into a category of persons who cannot be treated, including but not limited to pregnant women, and in the event that the customer, having been duly informed at the time of the request about the contraindications to treatment services, is in one of the situations covered by the contraindications.<\/p>\n \u00a72. The customer undertakes to comply strictly with all the instructions and contraindications given at the time the order is placed, and Centre Novaskin Clinic cannot be held responsible for any delay in the provision of services or failure to provide services due to the customer’s failure to comply with his or her obligations.<\/p>\n \u00a73. Failure by the customer to comply with the obligations under these terms and conditions, and in particular in the event of fraud, attempted fraud, and\/or any payment incident, may result in the suspension of the services offered by Novaskin Clinic and the possible immediate termination of the contract. <\/p>\n \u00a74. Novaskin Clinic cannot be held responsible for non-performance of the contract in the event of force majeure, disruption, total or partial strike, particularly of postal services and means of transport and\/or communications, as well as any machine breakdown. In such cases, the services offered by Novaskin Clinic are only suspended and postponed until the end of the case of force majeure, disruption, total or partial strike, or machine breakdown. The service is not cancelled. <\/p>\n \u00a75. Novaskin Clinic <\/span>reserves the right to refuse any request for service or product order from a customer with whom it is in dispute.<\/p>\n \u00a76. Novaskin Clinic’s liability is strictly limited to the services requested and the direct consequences of its actions. \u00a77. \n Guarantees and compliance<\/b><\/p>\n Article 16.<\/span><\/strong> \u00a71. The products, gift invitations and services offered by Novaskin Clinic comply with current Belgian legislation. <\/p>\n \u00a72. Novaskin Clinic undertakes to ensure that the products supplied comply with the order placed.<\/p>\n \n \n Confidentiality and protection of personal data <\/b><\/p>\n Article 17.<\/span><\/strong> \u00a71.<\/span> Personal and\/or confidential data relating to both the customer and Novaskin Clinic, as well as to third parties involved in the contractual relationship, collected in any way whatsoever and, essentially by e-mail exchanges, mentions on the offer, oral exchanges, as well as all future information, are intended solely for the execution of the contract and for communications between the parties. They will not be communicated or transferred to third parties, other than technical service providers if necessary.<\/p>\n Both the company and the customer are obliged to respect the confidentiality of information and to use it only insofar as it is necessary for the performance of the service.<\/p>\n \u00a72. In the event of non-compliance with this principle of confidentiality, both Novaskin Clinic and the customer may demand compensation from the party in question for the loss suffered.<\/p>\n \n Article 18.<\/span><\/strong> \u00a71. Any personal data concerning the customer, as defined by the European Data Protection Regulation 2016\/679 and the Law of July 30, 2018 on the protection of individuals with regard to personal data, is processed in compliance with them. Data is kept solely for Novaskin Clinic’s own purposes and is not passed on to third parties for direct marketing or any other purpose.<\/p>\n \u00a72. The following data is kept by the company: surname, first name, address, e-mail address, telephone number, dates and location of services, VAT number.<\/p>\n The customer has the option of<\/p>\n Any queries regarding the above should be addressed in writing to Novaskin Clinic, either by post or by e-mail to brussels@novaskinclinic.be<\/span><\/a>.<\/span><\/p>\n The complete privacy policy is available at the following link: https:\/\/novaskinclinic.be\/mentions-legales\/<\/p>\n or by writing to Novaskin Clinic at the above-mentioned e-mail address.<\/p>\n \u00a73. Novaskin Clinic may disclose personal information to third parties at the request of any legally authorized authority. Novaskin Clinic may also disclose them if such disclosure is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property or if it believes that the customer is a danger to itself or to a third party.<\/p>\n \n Claim <\/b><\/p>\n\n
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\nIn the event of non-payment within 14 calendar days of the registered letter, calculated from the third working day following dispatch of the formal notice, the unpaid amount will be subject to interest at a rate of 10% from the 1st reminder, with the possibility of increasing the outstanding balance by 10% of the unpaid amount, with a minimum of \u20ac15 inclusive of tax as a conventional, fixed and irreducible penalty clause. <\/p>\n
\nNovaskin Clinic is not liable for the consequences of indirect damage, failure to follow instructions and contraindications, errors, faults or omissions on the part of the customer in connection with the services, nor for indirect consequences, errors, faults or omissions in performance caused by the customer or a third party. <\/p>\n
\nNovaskin Clinic expressly excludes all other extra-contractual liability as provided for in Book 6 of the New Civil Code. <\/p>\n\n