General conditions, Important legal notice
General conditions, Important legal notice
Treatwells general conditions (Website Terms and Conditions) describe how Treatwell offers her services. Please read the Website Terms and Conditions carefully before you book through our website (www.treatwell.nl) (Website). By using our Website and/or our services, you acknowledge having read and agreed to the content of the Website Terms and Conditions. Treatwell reserves the right to change or modify the Website Terms and Conditions at any time, and without prior notice. We kindly suggest you visit the Website on a regular basis to ensure you are familiar with the current version of the Website Terms and Conditions. The Website Terms and Conditions is available on this website. You are bound at all times by the Website Terms and Conditions that are currently applicable. If you do not accept this Website Terms and Conditions, Treatwell requests you to leave this Website immediately.
1.1. Treatwell BNL B.V. (Treatwell) is registered with the Chamber of Commerce under number 56870256 and located on the Nieuwezijds Voorburgwal 120-126, NL-1012SH Amsterdam.
1.2.The VAT-number of Treatwell is 8523.40.242.B.01.
2. Booking assignment
2.1. Treatwell offers you the possibility to make a booking with our affiliated partners ('Partners') in the manner described on our Website. We establish an agreement between you and the Partner of your choice. Treatwell is not part of the final agreement. Treatwell is not liable for the correct execution of the booking and makes no guarantee whatsoever as to the quality of your treatment with an affiliated Treatwell Partner. If the booking has been paid online, Treatwell will take responsibility for the transaction.
3. Placing and processing an order
3.1. You are responsible for providing the information necessary to make and execute a proper booking. This includes providing, amongst others, the right name, e-mail address and phone number.
3.2. When you make your booking through this Website and place it in the pricelist of the Partner of your choice, you will be given the opportunity to confirm your booking by clicking on the button 'confirm'. Please check the accuracy of the information entered, correct any errors before you finalize the booking and click on the button 'place my order'. Your booking will be finalized, after which information entered can no longer be changed.
3.3. Treatwell will process your booking and send you a confirmation e-mail. If you haven't received a written confirmation, we haven't received your booking and kindly request you to contact us as soon as possible.
3.4. If your online payment has not been authorized or confirmed, you will be directed back to the previous page on this Website. In such a case we are not obliged to offer our services and we consider your order not to have taken place.
3.5. Once you have submitted your booking through this Website you can cancel your booking free of charge up to 24 hours before your treatment.
4. Price and payment
4.1. The prices will be as quoted on the Website and include VAT.
4.2. This Website contains a large number of treatments and/or services. It is possible that some of these prices are not accurate or incorrect. Our affiliated Partners are responsible for the prices of the treatments and/or services mentioned on this Website (and any possible changes).
4.3. All payments for orders must be made in accordance with the payment terms as stated on this Website and done by iDeal, a valid credit card or cash payment to the Partner. Treatwell reserves the right, at its sole discretion, to cancel any order placed using a credit card that appears dubious. A discount may apply to your order if you use a 'discount code'. These discount codes are only made available by Treatwell and can only be used if the booking is paid online.
4.4. If the booking is canceled by the Partner, Treatwell is obliged to refund any order paid online into your bank account within five working days (in case of payment by iDeal) or will not charge your credit card (in case of payment by credit card).
4.5. Please be aware that occasionally unexpected delays may occur during the processing and execution of your online payments through this Website. To the extent possible and as far as we have any influence on this, we will try to keep these delays to a minimum. Please note, however, that these delays or withdrawals from your bank account may take up to a maximum of sixty (60) days after you have placed your order.
5.1. During the course of its work Treatwell shall observe the good care of a contractor.
5.2. Treatwell (including all companies within the Treatwell group and all officials, directors, staff members, shareholders and/or any of their agents) accepts no liability or responsibility (to the extent permitted by law) for any loss and/or damage (of any kind and including any direct, indirect, or consequential loss or damage or any loss of income, profits, goodwill, data, contracts and/or loss or damage arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, poor management or wasted time (at work) and/or any unlawful act (including any negligence) arising from and/or relating to:
- our services
- this Website
- the accuracy of our Partners' information stated on our Website
- the services and/or products, actions and/or omissions of the Partners
- the (non)use of this Website, all websites connected to this Website (through links) and/or the material on these websites.
5.3. Nothing in this Website Terms and Conditions shall operate to exclude or restrict any liability of Treatwell for death or personal injury arising from negligence. The same applies to any liability of Treatwell for fraudulent misrepresentation, (acts not permitted under) applicable law or any other liability of Treatwell that may not be excluded and/or limited under applicable law.
5.4. If you have suffered damages as a result of an attributable failure by Treatwell, the liability of Treatwell will be limited to an amount equal to twice the amount of your total treatment of € 250,- (in words: two hundred and fifty euros). The lowest amount is always applicable.
5.5. If your use of (materials) from this Website results in the need for servicing, repair and/or correction of any item on this Website, equipment, software and/or data, you are solely responsible and liable for any costs and/or damages incurred .
6.1. You can submit complaints about the treatment and/or services of a Partner online no later than 48 hours after undergoing the treatment. Complaints can be submitted by clicking on the button 'Start Chat' and filling in the required fields, after which you will be connected to one of our staff members. Additionally, you can contact our Customer Service at the phone number or e-mail address provided on this Website.
6.2. In the event you are dissatisfied with the treatment and/or services from a Partner, Treatwell (subject to the provisions of Article 5 and, if possible) will try to help you find a solution that is satisfactory. Treatwell may decide 'without, however, accepting any liability' to reimburse you for the amount paid for the product or service in question.
6.3. If you have any complaints about the treatments and/or services of a Partner or a request for compensation, you must submit this directly to the Partner.
7. Intellectual property
7.1. You may download and/or print material from this Website only for your own personal, non-commercial use. Please take into account the following provisions:
7.1.1. Unless otherwise indicated, all rights to this Website and the information, including copyrights and other intellectual property rights (including but not limited to trademark rights, trade name rights, database rights, design rights, patent law and other (written and/or unwritten) intellectual property rights) and all materials provided by Treatwell through this Website (including but not limited to data, files, photographs, texts, layout, images, etc.) is proprietary to Treatwell or its licensors. This Website and all the materials made available through this Website (worldwide) are protected by applicable copyright and trademark laws. Any other use of this Website and/or materials made available through this Website, other than as stated in article 7.1, is strictly prohibited. For such purposes, the prior written consent of Treatwell is explicitly required.
7.1.2. 7.1.2 You are not entitled to change, modify and/or (re)-edit the digital or hard copies of any particular material of this Website that you have saved and/or used in accordance with article 7.1 in any way. You are not entitled to add, modify and/or (re-)use certain photographs, texts, (graphic) images and/or video and/or audio material to the original material of the Website. You should ensure that the status of Treatwell and that of other authors of the material on this Website is acknowledged at any time.
7.1.3. 7.1.3 Where applicable, you specifically acknowledge that Treatwell is the maker of or the copyright owner of the material on this Website.
7.1.4. You are not allowed to use any material from this Website for any commercial purpose at all without the prior express written permission of and/or license granted for this purpose by Treatwell.
7.2. As stated under article 7.1 described above, no part of this Website (in whole or in part) may be published in any way, duplicated, transmitted, distributed, reproduced, copied, modified and/or in any other way used or exploited (including but not limited to reproduction or storage on other website(s) or any electronic (storage) device) without the prior express written permission of Treatwell.<br / >
7.3. No rights can be derived from this Website Terms and Conditions other than those explicitly mentioned under article 7.1 as described above. All rights not explicitly defined in these Website Terms and Conditions are expressly reserved by Treatwell.
8. Website access
8.1. Treatwell tries to keep this Website available to everyone 24 hours a day, 'with the exception of maintenance work'. However Treatwell does not warrant that this Website will operate in an uninterrupted or error-free manner. Additionally Treatwell does not expressly warrant that the servers/systems that are running the Website are always (completely) free of viruses, technical failures and/or other harmful components. Treatwell excludes any liability that may arise as a result thereof.
8.2. Treatwell reserves the right to deny access to this Website (in whole or in part) to anyone without prior notice.
8.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to our Website. Any transmission is at your own risk.
9. Visitor Material and conduct
9.1. You are responsible for the way in which you access this Website. You also accept the responsibility for all persons who obtain access to this Website through your internet connection and the fact that they are aware of and adhere to this Website Terms and Conditions.
9.2. Other than personally identifiable information (personal data), which is covered under Treatwell's Privacy Statement, any material you transmit and/or post to this Website will be considered non-confidential and non-proprietary. Treatwell will have no duties with respect to such material. Treatwell and anyone we elect will be free to copy, disclose, distribute, incorporate and otherwise use that material for any and all commercial or non-commercial purposes.
9.3. It is expressly forbidden to post, upload and/or transmit and/or bring any content to the Website that:
- violates applicable local, national and/or international law
- is unlawful, misleading and/or fraudulent in any way
- transmits or procures the sending of any unsolicited or unauthorized advertising
- contains viruses and/or other malware.
9.4. It is expressly forbidden to misuse this Website (including but not limited to hacking and/or the avoidance or removal of protection(s) of (parts) of this Website).
9.5. All reviews, comments and/or feedback that you place, upload and/or submit to this Website may certainly not:
- contain material which is in any way defamatory, obscene and/or offensive
- contain material which is in any way violent and/or discriminatory and/or incites discrimination
- in any way may infringe on intellectual property rights of third parties
- in any other way be inconsistent with and/or infringe upon legal rights of others
- incite any illegal activity and/or violate the privacy of third parties
- give the impression that these reviews, comments and/or feedback originate from Treatwell
- give the impression that these reviews, comments and/or feedback are used to impersonate another person (than yourself) and/or to misrepresent your affiliation with another person.
9.6. The prohibited acts listed above are non-exhaustive. If you fail to comply with any of these prohibited acts, Treatwell reserves the right to fully pass on any costs and damages incurred to you.
9.7. Treatwell will fully cooperate with any competent authority(ies) requesting or directing us to disclose the identity and/or location of anyone posting any reviews or other Visitor Material in breach of this article.
10. Links to and from other websites
10.1. Links to third party websites on the Website of Treatwell are provided solely for your convenience. If you use these links, you leave this Website. Treatwell has not reviewed and does not control any of these third party websites and is not responsible for these websites and/or their content and/or their availability. Treatwell does not represent these websites, their content, or the results from using such websites or content in any way. If you decide to access any of these third party websites, you do so entirely at your own risk.
10.2. You may link this Website to your own website at any time, provided that you do so in a fair and legal way which does not damage or take advantage of our reputation and/or does not benefit in any other way from or cause damage to Treatwell and its enterprise.
10.3. You are not entitled to establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Treatwell where none exists.
10.4. Any website from which you link must comply with the content standards set out in these Website Terms and Conditions.
10.5. Treatwell reserves the right to withdraw linking permission at any time and for any reason.
11.1. Treatwell does its utmost to ensure that all information on the Website is correct and complete. However, the Partners are responsible for the information about the treatments they provide and the services, such as descriptions of treatments, (treatment) names, prices, estimated treatment times, allergy warnings and they also carry out your treatments. If you are in doubt about the information provided by the Partner, you should confirm with the relevant Partner or Treatwell directly before placing a booking. Treatwell does not promise that the information displayed on the Website, including that which is provided by the Partners, is completely accurate and up-to-date.
11.2. Treatwell provides you with access to the Website and her services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and/or other terms (including any legal provisions which might otherwise apply to the Website or the services offered by Treatwell).
11.3. You are solely responsible for the security of your own password that you use to register on the Website. Unless Treatwell makes your password known to third parties in a careless or negligent manner, Treatwell is not liable for unauthorized transactions and/or actions made or committed with your name and password.
12.1. Treatwell is entitled at any time (at our absolute discretion) to terminate or suspend your right to use the Website and its services immediately if we believe in our sole discretion that:
12.1.1. Treatwell has reason to believe you have posted, uploaded, distributed or otherwise used material on the Website in breach of article 9 of these Website Terms and Conditions
12.1.2. you have breached article 10 of these Website Terms and Conditions
12.1.3. you have breached any other material terms of these Website Terms and Conditions.
13. Applicable law
13.1. These Website Terms and Conditions are governed by Dutch law. Disputes in relation to the use of these Website Terms and Conditions can only be submitted to the competent court in Amsterdam.
14. Additional provisions
14.1. We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Statement. Click here to view our Privacy Statement.
14.2. If any of these Website Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision(s) will be severed from this Website Terms and Conditions. This does not affect the validity of the remaining provisions of these Website Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
14.3. Any failure or delay by you or Treatwell in enforcing (in whole or in part) any provision of these Website Terms and Conditions will not be interpreted as a waiver of your or our rights or remedies.
14.4. You may not transfer any of your rights or obligations under these Website Terms and Conditions without Treatwell's prior written consent. Treatwell may transfer any of her rights or obligations under these Website Terms and Conditions without your prior written consent to any of her affiliates or any enterprise that she enters into a joint venture with, purchases or is sold to.
14.5. The headings in these Website Terms and Conditions are included for convenience only. These titles shall not affect the interpretation of the contents of these Website Terms and Conditions.
15. Your status
15.1. By placing a booking through this Website, you warrant that:
- you are legally capable of entering into binding agreements and/or legal transactions and
- you have reached the minimum age of 18 years
- you have the consent of your parents or guardian or are supposed to have this (if you are younger than 18 years).
16. Written Communications
16.1. Applicable laws and regulations require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and/or other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Force Majeure
17.1. We will not be liable or responsible for any failure and/or delay in performing any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure).
17.2. Force Majeure includes any act, event and/or non-occurence beyond our reasonable control. Force majeure includes in particular:
- strikes, lockouts, and/or other collective (strike) actions
- civil commotion, riot, invasions, terrorist attacks or threats of terrorist attacks, war or threats or preparations for war
- fires, explosions, storms, floods, earthquakes and susbsidences, epidemics and/or natural disasters
- inability to make use of railways, shipping, aircraft, motor transport or other means of public or other (private) transportation
- inability to make use of public and/or private telecommunications networks
- legislation, decrees, regulations, and/or other government restrictions.
17.3. In the event of Force Majeure, our contractual obligations are deemed to be suspended for the period that any Force Majeure Event continues. We will use our reasonable endeavours to bring this Force Majeure Event to a close or to find a solution by which our contractual obligations under any agreement may be performed despite the Force Majeure Event.
18.1. If one or more of the provisions of these Website Terms and Conditions is held to be unlawful, void or unenforceable, this shall not affect the remaining provisions. In such a case, the remaining provisions of these Website Terms and Conditions shall remain in full force and effect.
19. Entire agreement
19.1. These Website Terms and Conditions and any documents referred to on the face hereof, constitute all agreements between the parties and is expressly conditioned on the terms and conditions of this Website. This agreement supersedes all prior agreements of the parties with respect to its subject matter.