Terms and Conditions
1. APPLICABILITY
1.1 These general Terms and Conditions apply to all offers from JBAR SkinCare and to all agreements entered into with JBAR SkinCare by using the the internet site https://drbarskincare.com/ .
1.2 In addition to these general Terms and Conditions, when expressly indicated, additional Terms and Conditions may apply to certain services and/or products.
1.3 The provisions of these general Terms and Conditions can only be deviated from if this has been expressly agreed in writing and in which case the other provisions of these general Terms and Conditions will remain in full force and effect.
1.4 If the User/Customer also refers to its general Terms and Conditions, those Terms and Conditions will not apply unless JBAR SkinCare has expressly agreed to this in writing.
1.5 “User“ and “(potential) Customer” means any visitor to the website and/or any private or legal person who is or will be in a contractual relationship of whatever nature with JBAR SkinCare.
1.6 JBAR SkinCare reserves the right to change or add to these Terms and Conditions from time to time at its sole discretion by posting a new version on the JBAR SkinCare internet site.
1.7 By using the JBAR SkinCare internet site and/or placing an appointment, the User/Customer accepts these general Terms and Conditions as well as all other rights and obligations as stated on the JBAR SkinCare internet site.
1.8 JBAR SkinCare is authorised to make use of third parties in the execution of an agreement with the User/Customer.
2. USER/CUSTOMER´S INFORMATION AND USE OF THIS WEBSITE
2.1 JBAR SkinCare will only process User/Customer’s data in accordance with its privacy policy. The website contains a Privacy Statement.
2.2 JBAR SkinCare observes the applicable privacy regulations and legislation.
2.3 In accordance with the specifications of the data protection declaration and for the purpose of fulfilling the User/Customer’s order, he/she agrees to the electronic processing and storage.
2.4 The User/Customer warrants that all data and information provided by him/her is correct and accurate.
2.5 By using this website and/or placing an order through this website, the User/Customer agrees to use the website only for legitimate inquiries or orders and not to place any false or fraudulent orders. If JBAR SkinCare has reason to believe that such an order has been placed, JBAR SkinCare has the right to cancel the order and to inform the relevant authorities. By placing an order through our website, the User/Customer warrants that he/she is at least 18 years of age and capable of entering into legally binding contracts.
3. OFFERS AND CONCLUSION OF AGREEMENTS
3.1 JBAR SkinCare´s mission is to help the (potential) Customer to restore his/her beauty, fight against signs of aging, and improve his/her positive life attitude. For this reason we offer individual treatments within aesthetic-medical skincare for the face and specific parts of the body, with the support of specialized professional products and the latest technologies. Since every person is different and therefore also the idea of the perfect treatment result is different, we take the time for a detailed consultation in order to respond to your individual wishes and needs and to provide the Customer with the best possible result. All treatments are carried out in our facilities by qualified and experienced practitioners. For more information on our range of services, please visit our website at https://drbarskincare.com/.
3.2 We reserve the right to adapt our range of services at any time and to optimize it to meet the needs of our Customers. The permanent existence of certain offers can therefore not be guaranteed by us.
3.3 Services, offers or quotations should be regarded as an invitation to (potential) Customers to book an appointment with us. JBAR SkinCare is in no way bound by this, unless this has been laid down unambiguously in writing between JBAR SkinCare and the Customer. The acceptance of the invitation to book an appointment by the (potential) Customer is considered an order.
3.4 An order from the (potential) Customer is deemed to have been made in one of the following circumstances:
– the (potential) Customer has described exactly, by choosing from given options in a list on the JBAR SkinCare internet site, which offer he/she wishes to order;
– the (potential) Customer has entered the data on the appropriate form (“Book an Appointment”) available on the JBAR SkinCare internet site and such relevant data have been sent to JBAR SkinCare electronically and subsequently have been confirmed to have been received by JBAR SkinCare,
– the (potential) Customer has sent an e-mail to JBAR SkinCare, expressing which offer he/she wishes to order, and subsequently have been confirmed to have been received by JBAR SkinCare.
3.5 The (potential) Customer´s booking/order request is non-binding and does not constitute an offer to conclude a legally binding contract between JBAR SkinCare and the (potential) Customer. The same applies to the appointment confirmation, which JBAR SkinCare send to the e-mail address the (potential) Customer provided after the booking process has been completed. JBAR SkinCare will only conclude a legally binding treatment contract with (potential) Customer personally in our business facilities.
3.6 Information, images, communications provided verbally, by telephone or by email and statements by JBAR SkinCare regard to all offers and the most important characteristics of the services are (re)displayed or made as accurately as possible. However, JBAR SkinCare does not guarantee that all offers and services are fully in accordance with the information provided, et cetera. The (potential) Customer is agreeable that deviations, if any, cannot per se give rise to compensation and/or termination of a contract.
4. ONLINE APPOINTMENT BOOKING PORTAL
4.1 As part of JBAR SkinCare´s range of services, JBAR SkinCare offers to (potential) Customers the opportunity to book appointments for a consultation and the implementation of a desired beauty treatment via our online appointment booking system at drbarskincare.com.
4.2 The prices stated on the website and as part of the booking process are always subject to change and non-binding. The actual amount of the remuneration is determined after the personal consultation in our facilities, taking into account the individual wishes and needs, ultimately agreed in a written contract.
4.3 Regarding booking request and conclusion of a legally binding contract see Article 3.5 of these Terms and Conditions.
4.4 The agreed appointments are exclusively fixed appointments. Accordingly, the times are solely reserved for the (potential) Customer who booked them via the online appointment booking system.
4.5 If the (potential) Customer is unable to attend an agreed appointment, he/she must inform JBAR SkinCare of this in writing by email to contact@drbarskincare.com at least 24 hours before the agreed appointment. If the (potential) Customer culpably fail to meet this obligation, he/she must pay JBAR SkinCare a loss of €45.00 per reserved and missed 30 minutes for the missed period. This compensation does not apply if the (potential) Customer can credibly prove that JBAR SkinCare did not incur any damage or less damage than the lump-sum damage claimed as a result of not attending the appointment.
5. PRICES
5.1 All prices are expressed in Euros, in accordance with the relevant legal regulations, and include sales tax.
5.2 Special offers are only valid for the period of validity as stated in such offer. This listing will be printed in a brochure or posted on the Internet site related to that special offer.
5.3 The (potential) Customer is legally obliged to pay the purchase price as advised by JBAR SkinCare in the electronic communication in line with Article 4.2 of these Terms and Conditions.
5.4 Obvious errors in the quotation made by JBAR SkinCare, such as typing and/or other obvious inaccuracies, may be corrected by JBAR SkinCare at any time, including the period after the conclusion of a formal agreement.
6. PAYMENT
6.1 Orders via the website can be paid in the following ways:
- iDEAL
- Credit card (Visa and Mastercard)
- Paypal
- Bancontact
- SOFORT Banking
- Apple Pay
JBAR SkinCare may expand the payment options in the future. Other payment options will be announced via the website.
6.2 If a special payment term has been agreed by JBAR SkinCare, the (potential) Customer will be in default by the mere expiry of this term.
6.3 If a credit card payment method has been chosen by the (potential) Customer, the conditions of the relevant card issuer will apply. JBAR SkinCare is not a party to the relationship between the (potential) Customer and the card issuer.
6.4 In the event of non-payment or late payment by the (potential) Customer, a reminder procedure will be started to be decided as a sole discretion of JBAR SkinCare.
6.5 All, costs and/or expenses of whatever nature, including direct and/or indirect damages, all judicial and extrajudicial costs that JBAR SkinCare has had to incur as a result of the (potential) Customer’s failure to fulfill its contractual obligations will be entirely borne by the (potential) Customer.
6.5 In the event of late payment, JBAR SkinCare is authorised to terminate the agreement with immediate effect and/or to suspend any further fulfillments until the (potential) Customer has fully complied with the payment obligations, including the payment of costs.
7. RIGHT OF DISSOLUTION
7.1 For agreements with Consumer-purchasers, which have been concluded via the internet site or in another way in which electronic communication is used exclusively, the Consumer has the right without penalty and without stating reasons, a Right of Dissolution from to be exercised within fourteen (14) calendar days after the order in question.
7.2. If the Consumer makes use of his/her right, he/she will give an according written note by e-mail to JBAR SkinCare: contact@drbarskincare.com.
7.3 If the Consumer/Purchaser has made use of the Right of Dissolution as stated in the previous paragraphs, JBAR SkinCare will arrange for a refund within fourteen (14) calendar days of the amount paid by the Consumer/Purchaser.
8. WARRANTY AND LIABILITY
8.1 For other damages than injuries to life, body, and health JBAR SkinCare and our legal representatives are only liable if these damages are based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by us or our vicarious representatives. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you can regularly rely. Any further liability for damages is excluded.
Claims from a guarantee given by us for the quality of the goods and from the Product Liability Act remain unaffected. In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage if this was caused by negligence, unless it is a matter of claims for damages resulting from injury to life, body or health.
8.2 JBAR SkinCare is never obliged to pay any compensation to the Cunsumer or any third party connected to the Cinsumer, unless there is the intent or gross negligence on the part of JBAR SkinCare. Likewise, JBAR SkinCare shall never be liable to the Consumer and/or any third party connected to the Consumer for any consequential damage, indirect damage and loss of profit or turnover.
8.3 If JBAR SkinCare, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value regarding the service that caused the damage or insofar as JBAR SkinCare´s insurance in this regard will be reimbursed.
8.4 Despite the constant care and attention that JBAR SkinCare devotes to the composition of the website, it is possible that information published on the website is incomplete and/or incorrect.
8.5 The information on the website is regularly supplemented and/or adjusted. JBAR SkinCare reserves the right to make any changes with immediate effect and without notice.
8.6 The Consumer is obliged to indemnify JBAR SkinCare against any claim that third parties may assert against JBAR SkinCare regarding the execution of the agreement between the Consumer and JBAR SkinCare, insofar as the law does not preclude the relevant damage and costs being for the account of the Consumer should come.
8.7 It is possible that JBAR SkinCare includes links on its internet site to other internet sites that may be interesting or informative for the visitor. Such links are for informational purposes only. JBAR SkinCare is not responsible for the content of the website to which reference is made or the use that may be made of it.
9. FORCE MAJEURE
9.1 In the event of force majeure, JBAR SkinCare is not obliged to fulfill its obligations towards the Consumer, or the obligation of JBAR SkinCare may be suspended for the duration of the force majeure.
9.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfilment of its obligations towards the Consumer is wholly or partially prevented. Those circumstances include, but are not limited to, strikes, fire, business failures, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any license to be obtained from the government. Force majeure also includes malfunctions in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
10. INTELLECTUAL PROPERTY
10.1 The Buyer expressly acknowledges that all intellectual property rights of information, communications, or other expressions regarding the products and/or regarding the internet site are vested in JBAR SkinCare, its suppliers or other entitled parties.
10.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including sui generis rights to databases or other products, as well as non-patentable technical and/or or commercial know-how, methods and concepts.
10.3 The Buyer is prohibited from making use, including making changes, of the intellectual property rights as described in this article, such as reproduction, for example, without the express prior written permission of JBAR SkinCare, its suppliers or other entitled parties.
11. APPLICABLE LAW AND COMPETENT COURT
11.1 All offers and agreements are exclusively governed by Dutch law.
11.2 The applicability of the Vienna Sales Convention is expressly excluded.
11.3 All disputes related to or arising from offers from JBAR SkinCare or agreements concluded with JBAR SkinCare will be submitted to the competent court in Haarlem, the Netherlands.
13. MISCELLANEOUS
13.1 JBAR SkinCare is located in Rotterdam (3062GD) and registered under Chamber of Commerce number 88103927. Please send all correspondence regarding an agreement or these Terms and Conditions to the e-mail address: contact@drbarskincare.com .
13.2 Customer service can be reached for information via email: contact@drbarskincare.com .
13.3 Your e-mails will be answered by the internet customer service within 2 working days. JBAR SkinCare is committed to communicating with its Customers in an honest and sincere manner. Unfortunately, we cannot always prevent the misuse of our name by third parties.
13.4 The website and all related parts thereof are the property of JBAR SkinCare. It is not allowed to copy and use for any purpose whatsoever any information from the site for both personal and/or commercial purposes without previous consent by JBAR SkinCare, to be given by sole discretion of JBAR SkinCare.