General Terms and Conditions
The General Terms and Conditions stated below apply to all transactions between By Flavio Miguel and its customers.
Article 1: Identity By Flavio Miguel
1.1 Flavio Miguel is registered at the Dutch Chamber of Commerce in Amsterdam under the name By Flavio Miguel, and under the number 3769.53.858 and carries VAT-identification number NL002474940B14. By Flavio Miguel is located at Ceramplein 143, 1095 DE Amsterdam, the Netherlands.
1.2 By Flavio Miguel can be reached by email at [email protected] or the website www.byflaviomiguel.com.
Article 2: General
2.1 These General Terms and Conditions apply to all order confirmations, offers, and transactions between Flavio Miguel and its principals.
2.2 Deviations from the General Terms and Conditions are only valid when explicitly agreed upon in writing with Flavio Miguel.
2.2 Where in these terms and conditions is meant “customer,” this should be understood to mean any natural person or legal entity in a contractual relationship with Flavio Miguel under an order confirmation or any other kind of agreement.
2.3 If one or more stipulations in these terms and conditions are null and void or may be annulled, the other provisions of these general terms and conditions shall remain fully applicable. The provisions of these general.
2.4 Deviations from the provisions of these general terms and conditions are only possible if and insofar as they have been expressly agreed in writing, agreed in writing.
2.4 The Customer accepts applicability terms and conditions by reserving and/or booking a service from Flavio Miguel.
2.4 By reservation or booking a service from Flavio Miguel, the Customer accepts the applicability of these terms and conditions.
Article 3: Realisation of the booking
3.1 A booking is established when the Customer accepts Flavio Miguel’s offer orally, by telephone, in writing, or digitally.
3.2 The Customer acknowledges having read and accepted the General Terms and Conditions of Flavio Miguel before making a booking.
3.3 The first written confirmation is without obligation. No rights can be derived from printing errors, misprints, or mutilated offers.
Article 4: Costs, remuneration, and payment
4.1 All amounts mentioned in the quotation are in euros and exclude 21 (twenty-one) percent VAT unless stated otherwise.
4.2 Flavio Miguel has the right to correct obvious errors in the quotation.
4.3 Payment will be made by invoice.
4.4 The invoice has to be paid by the Customer within 14 (fourteen) days.
4.5 After acceptance via confirmation form, reservation costs will be charged. By Reservation costs are understood as” save the date,” which are 75 (seventy-five) Euros.
4.6 The try-out costs will follow after the reservation costs. Under try-out expenses are understood to be for the try-out excluding travel costs being 175 (one hundred and seventy-five) euro.
4.7 The travel and expenses incurred by Flavio Miguel for their activities are for the Customer’s account. The travel expenses will be based on a kilometer allowance of 0,25 euros per kilometer calculated from the correspondence address, Ceramplein 143, 1095 ED Amsterdam.
4.8 Travel expenses for work abroad will be borne entirely by the client. Including any costs for hotel accommodation, food and drinks unless agreed otherwise in writing by the Customer and Flavio Miguel. Parking costs are for the Customer.
4.9 Complaints to the invoice: the Customer has to notify Flavio Miguel in writing within 8 days with motivation. Their objection to the invoice in writing within 8 days. After this period, he is deemed to agree with the content of the invoice.
4.10 Exceeding the stated term of payment:
4.10.1 Should the client fail payment within the term, Flavio Miguel may, after having notified the client, suspend all its activities until the amount of the invoice has been paid.
4.10.2 If the term mentioned above of payment is exceeded, the Principal will be in default by operation of law. The Principal will owe the statutory interest on the entire invoiced amount. Commencing on the date payable (two weeks after the invoice should have been paid at the latest) until the date of payment to By Flavio Miguel.
4.11 Costs of recovery: All costs of recovery in case of default of payment by the Customer, both judicial and extrajudicial, are for the Customer’s account.
Article 5: Cancellation, Termination, and Suspension of the Agreement
5.1 Cancellation, termination, suspension, or dissolution of the agreement shall occur in writing.
5.2 Should the Customer cancel an agreement wholly or partially. Costs incurred by Flavio Miguel, including the fees of third parties, will be reimbursed by the Customer due to this cancellation. The Customer will be fully refunded.
5.3 Reservation costs will not be returned to the Customer.
5.4 In the case of cancellation of an Agreement by Customer, Flavio Miguel will be entitled to charge the following costs to the client:
In case of cancellation 4 (four) weeks before commencement of the Services, 50% of the total costs will be charged.
In the case of cancellation between 1 (one) and 4 (four) weeks before commencement of the Services, 75% of the total costs will be charged.
In case of cancellation less than 1 (one) week before the services start, 100% of the total costs will be charged.
5.5 If the order is canceled after the try-out session/try-out, the costs of the try-out session/try-out are due based on the applicable prices for a try-out as mentioned on Flavio Miguel’s website.
Article 6: Force Majeure
6.1 Force majeure is understood to be any external cause beyond the will or control of Flavio Miguel. Making a timely, complete, or proper agreement performance no longer possible.
6.2 Force majeure, as referred to in the previous paragraph, includes, but is not limited to: non-performance by a third party, illness of Flavio Miguel’s own personnel or a third party, abnormal weather conditions, failures in water and energy supplies, strikes, severe losses in Flavio Miguel’s systems, fire, firearms, floods, natural disasters, pandemics, riots, war or other domestic disturbances.
6.3 In the event of force majeure resulting in one of the Parties failing to meet its obligations under the agreement, the other Party shall be entitled to dissolve the agreement. Without recourse, the other Party is entitled to dissolve the contract without the intervention of the courts. Flavio Miguel shall proceed to proportionate invoice adjustment in such an event. In the case of assignments for bridal hairstyles and bridal make-up, Flavio Miguel has the availability of some colleagues who may be able to take over the job. A guarantee for availability can never be given.
6.4 Flavio Miguel emphasizes that force majeure is not understood as a situation with Covid-19. Still, By Flavio Miguel will act as flexible as possible in consultation with the Customer.
Article 7: Liability
7.1 By Flavio Miguel excludes any liability and rejects direct and indirect damage claims. Claims arising from circumstances not attributable to Flavio Miguel and which under Dutch law or according to the social standards cannot reasonably be attributed to Flavio Miguel.
7.2 For damage compensation, only the damage for which Flavio Miguel is insured and covered by the insurer will be considered. Insured and which is compensated by the insurer, and consequential damage and immaterial damage are not eligible.
7.3 Although Flavio Miguel uses dermatologically tested cosmetics, cosmetics may cause an allergic reaction. Flavio Miguel is not liable for allergic reactions or inflammations caused by brushes, make-up products, or other materials. Flavio Miguel works under highly hygienic standards.
Article 8 Privacy and data
- Client data shall not be passed on to third parties and shall only be used for and by Flavio Miguel.
8.1 Image material made by Flavio Miguel or supplied via third parties will only be used on social media/websites under the client’s permission, using an order form.
Article 9: Changes to, explanation, and location of these terms and conditions
9.1 By Flavio Miguel reserves the right to change or supplement these Terms and Conditions at any time. Additions. Flavio Miguel will notify the Customer in time.
9.2 These terms and conditions can be found on Flavio Miguel’s website: www.byflaviomiguel.com
9.3 The most recently filed version will always be applicable.
9.4 On these terms and conditions and on every agreement between the Customer and Flavio Miguel, Dutch law is applicable.
9.5 All disputes arising between Flavio Miguel and Customer will be submitted to the competent court in the district where Customer has its residence.