ARTICLE 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby in the context of a system organized by the entrepreneur for distance selling of products and / or services,
up to and including the conclusion of the agreement exclusive use of one or more techniques for distance communication;
Remote communication technique: means that can be used to conclude
of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
Day: calendar day;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
ARTICLE 2 – Entrepreneur’s identity.
Urban Nails BV
Siberiëstraat 69, 3900 Pelt;
Tel. 0032 11 81 14 05
E-mail address: info@urbannails.be
VAT identification number: BE 0642.944.011;
ARTICLE 3 – Applicability.
1. These General Terms and Conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be inspected at the Entrepreneur’s premises and, at the Consumer’s request, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer’s request they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favorable to him.
ARTICLE 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.
This concerns in particular:
– the price including taxes;
– the cost of delivery, if any;
– The manner in which the agreement will be established and what actions are necessary to do so;
– whether or not the right of withdrawal applies;
– the method of payment, delivery or performance of the agreement;
– The period for acceptance of the offer, or the period for the price to be maintained;
– the amount of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
– if the agreement is archived after its conclusion, in what way it can be consulted by the consumer;
– the manner in which the consumer before the conclusion of the agreement by him not wanted can become aware of, and the manner in which he can rectify these before the agreement is concluded;
– the possible languages in which, in addition to Dutch, the agreement can be concluded;
– the minimum duration of the distance contract in case of an agreement that extends to continuous or periodic delivery of products or services.
ARTICLE 5 – The Agreement.
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.
5. The trader will send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the trader’s office where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about existing after-sales service and guarantees;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 – Right of Withdrawal.
In case of delivery of services:
1. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and / or no later than at the time of delivery.
ARTICLE 7 – Costs in the event of withdrawal.
1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 – Exclusion of right of withdrawal.
1. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. the delivery of which commenced with the express consent of the consumer before the expiration of the withdrawal period;
c. concerning betting and lotteries.
ARTICLE 9 – The Price
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This linkage
to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are exclusive of VAT.
ARTICLE 10 – Conformity and Warranty.
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. The warranty period is 12 months from the date of purchase.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can assert against the trader on the basis of the law and/or the distance contract with regard to a shortcoming in the performance of the trader’s obligations.
ARTICLE 11 – Delivery and execution.
1. The company will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated about this in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
ARTICLE 12 – Duration transactions.
1. The consumer may terminate an agreement that has been entered into for an indefinite period of time at any time, subject to termination rules agreed upon for that purpose and a notice period of no more than one month.
2. An agreement that has been entered into for a definite period of time has a maximum term of two years. If it has been agreed that in the event of the consumer’s silence, the distance contract will be renewed, the contract will be continued as a contract for an indefinite period of time and the notice period after continuation of the contract will be at most one month.
ARTICLE 13 – Payment
1. To the extent not subsequently agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known in advance to the consumer.
ARTICLE 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 15 – Disputes.
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Belgian law.
ARTICLE 16 – Additional or different provisions.
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ARTICLE 17 – Inspection and correction of data and privacy
1. The consumer’s data are stored in various data files. The consumer can access the stored data on simple request and request a correction of the data.
2. Consumers’ personal data are stored using up-to-date security techniques to ensure data confidentiality.
ARTICLE 18 – Modification of the general conditions.
1. Amendments to these conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.
Diploma
Training courses are completed with a diploma or certificate recognized by our brand.
Training duration and training costs
The training duration is indicated for each course on the Urban Nails BV website. Training costs consist of tuition fees, costs for the teaching package are separate. The tuition fees apply to the training for the indicated number of hours. In addition to lesson fees, examination fees and other costs (such as materials and books) may be due. Lesson fees and other costs are indicated per course and/or in an applicable customized quote from Urban Nails BV.
Exams
The tuition fee includes examination fees. The exams belonging to Urban Nails BV courses are administered by an external hired examiner. In case of a re-examination there will be extra costs which will be communicated in writing in advance.
Application
Registration for a course by means of the application form signifies serious interest in attending a course at Urban Nails BV. Upon receipt of an application or registration for an information session or education we will contact you for further information. An application for an open day/evening or information session is without obligation. Registration for a course leads to an agreement to which the general terms and conditions of training are subject.
Registration for a course
Registration for a course can be done by means of a paper registration form or by accepting an offer made by us. By signing the paper registration form you commit yourself to taking the selected training and paying the training fee. You have a reflection period of 7 working days for this agreement in which you can cancel free of charge via email or registered letter. If a third party (for example an employer or parent) is going to pay the training costs, this third party must co-sign the registration, in default of which the student himself remains liable for the training costs.
Your registration is only final when the registration form (fully completed and signed) has been received by us and the registration fee of € 100,- has been transferred to our account BE72.6528.1690.8016 in the name of Klaassen Johanna, Urban Nails Lommel, mentioning your first and last name, starting date and type of training. This amount will then be deducted from the total invoice for your training. In case of cancellation the registration fee is forfeited.
Course times
The nail courses normally start at 6:30 pm. And the conclusion is around 10:30 pm. Deviations in these set times are listed on the Urban Nails BV website, or are made in consultation with course participant.
Exemptions
The course participant may submit a reasoned request for exemption at the discretion of Urban Nails BV. Based on an exemption granted, we will provide a revised proposal for training costs per student.
Payment
Based on a signed quote or registration, the student or client will receive an invoice. This invoice must be paid no later than 2 weeks before the start of the training. For payment in installments, only applicable to basic nail stylist courses, the lesson package must be paid by bank / cash at the latest 2 weeks before the start of the training. In case of late payment, interest and costs are due. Due to repeated non-payment, the student may be suspended from the training until the arrears including interest and costs are paid and until there is a reasonable opportunity to resume the training. Suspension does not suspend the payment obligations of the student assuming a normal non-suspended training.
Invoices from Urban Nails BV must be paid within 2 days of receipt.
Cancellation Policy
Cancellation of training can only be done by registered letter addressed to Urban Nails BV, Siberiëstraat 69, 3900 in Pelt. For cancellations up to 28 days before the first day of class 10% of the tuition fee is due to Urban Nails BV. For cancellations up to 14 days before the first day of lessons, 20% of the tuition is due to Urban Nails. For cancellations within 14 days before the first day of lessons 50% of the tuition fee is due to Urban Nails BV. Upon termination by the student after the start of the training, all training fees are due. The above regulation does not apply to courses of up to 4 half-days. Registrations for courses of up to 4 half-day sessions cannot be cancelled; the full amount remains due. In case of cancellation the registration fee is always forfeited.
Cancellation
If you are unable to attend a training day, you must report this no later than 15 working days before the start of the training day.
If you are unable to attend one of the training days or if you cancel too late, we will be obliged to charge you the cost of the course fee of € 99.00 per day and/or you will not be entitled to a refund. You must, if applicable, re-enroll for this training day and pay the corresponding tuition fee for this day again.
Course schedule and force majeure
Urban Nails BV reserves the right to offer a reasonable alternative in the event of over- or under-enrollment in a course at a later date (no later than 6 months). The student will be informed in a timely manner. If, due to a limited number of registrations or force majeure, a particular course cannot start within 6 months Urban Nails reserves the right to cancel the course and cancel any contracts entered into. Registered students will be notified in writing in a timely manner. Urban Nails is not liable for damages resulting from force majeure or under registration.
Books and course materials
Urban Nails BV provides books and course materials to students upon receipt of payment. Copyrights apply to course materials and must be respected by the student and third parties (employer or otherwise) by not making any copies or disclosing their content without permission of Urban Nails BV.
Prices
All subject to printing errors or changes. We reserve the right to change prices, package contents, colors and replace products.
Liability
Urban Nails BV is not liable for consequences of treatments before, during or after trainings or for the wrong use of products. The use of nail styling products can cause a hypersensitivity reaction or allergy in some persons such as redness, itching, the development of blisters for which we take no responsibility. In these cases, stop using immediately and switch to another method if necessary. In addition, consult your physician. Asthma patients have a higher risk of hypersensitivity. In case of pregnancy consult your doctor first. Urban Nails BV accepts no liability for the financial aspects or any possible returns or turnover resulting from the activities or the lack thereof.
Advice
Wearing a mouth mask, nitrile gloves as well as use of an extraction system is advised while working as a nail technician. Read directions for use and warnings on nail products carefully. Do not use products for professional use on the skin and follow the instructions for use.
Trade Name and Registration
Urban Nails BV is registered with the Fod Economie and K.M.O. under number 642.944.011.
Complaints
Complaints may at any time be addressed in writing to Urban Nails BV, Attn. Janetta Wouters, Siberiëstraat 69, 3900 Pelt.