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General Terms and Conditions
International Color & Style Institute is a part of Impact Styling. Impact Styling is registered at the CBKRO. You can find the registration here
Ms. M. Bilderbeek trading as Impact Styling and International Color & Style Institute (hereinafter International Color & Style Institute). Both tradenames are registered with the Chamber of Commerce under number 75896230 and is located at Energieweg 8 (1271ED) in Huizen.
Article 1 - Definitions
1.In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise.
2.Offer: any offer or quotation to the Client for the provision of Services by International Color & Style Institute.
3.Company: the natural or legal person acting in the course of a profession or business.
4.Consumer: the natural person not acting in the exercise of his profession or business.
5.Participant: the natural person who attends the education, training, course, inspection or examination on his own initiative or is registered by Principal being a Company.
6.Services: the service provided by International Color & Style Institute is the provision of (online and offline) training/study/training/course, workshop or other educational activity related to color analysis, make-up and clothing analysis and related topics such as closet cleaning, wardrobe management etc.
7.Service Provider: provides services to Client.
8.Educational Materials: the materials related to the Assignment such as course, lecture or instructional materials in any form, provided prior to, during or at the conclusion of the relevant course.
9.Client: the natural or legal person acting in the course of a profession or business who has engaged International Color & Style Institute, granted projects to International Color & Style Institute for Services performed by International Color & Style Institute or to whom International Color & Style Institute has made a proposal under an Agreement.
10.Agreement means any Agreement and other obligations between the Client and International Color & Style Institute, as well as proposals by International Color & Style Institute for Services provided by International Color & Style Institute to the Client, which are accepted by the Client and have been accepted and performed by International Color & Style Institute as well as the contract of sale (at a distance) that purports to sell and deliver Products purchased by the Client from International Color & Style Institute.
11.Products: The Products offered by International Color & Style Institute are color fans, collar sets, styling materials, color cloth sets and related educational resources as well as other supplies (not being Educational Materials).
Article 2 - Applicability.
1.These general terms and conditions apply to every International Color & Style Institute offer, every Agreement between International Color & Style Institute and Client, and every service offered by International Color & Style Institute.
2.Before an agreement is concluded, the client will be provided with these general terms and conditions. If this is not reasonably possible, International Color & Style Institute will indicate to the client in what way the client can inspect the general terms and conditions.
3.Deviation from these general terms and conditions is not possible. In exceptional situations the general terms and conditions may be deviated from insofar as this has been explicitly agreed upon in writing with International Color & Style Institute.
4.These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
5.The general terms and conditions of the Client are excluded.
6.If one or more provisions of these general terms and conditions are partially or wholly void or nullified, the remaining provisions of these general terms and conditions shall remain in effect, and the void/ nullified provision(s) shall be replaced by a provision with the same scope as the original provision.
7.Uncertainties regarding the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and interpreted according to the spirit of these general terms and conditions.
8.The applicability of Articles 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
9.Where reference is made in these general terms and conditions to she/he/him, this should also be construed as a reference to he/she/his, if and to the extent applicable.
Article 3 - The Services Offer.
1.All offers made by International Color & Style Institute are without obligation unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this shall be expressly stated in the Offer.
2.International Color & Style Institute is only bound by an offer if it is confirmed by the client in writing. Nevertheless, International Color & Style Institute is entitled to refuse an Agreement with a (potential) client for a valid reason for International Color & Style Institute.
3.The offer contains a description of the Services offered. The description is sufficiently specified so that Client is able to make a proper assessment of the offer. Any details in the Offer are only indicative and cannot be a ground for any compensation or dissolution of the Agreement. The Offer shall in any case state:
4.The manner of execution of the Agreement;
5.Training start date;
6.The conditions under which the training may not proceed;
7.Any admission requirements for the program;
8.The price of training;
9.The method of payment for training;
10.Duration of training.
11.Offers or quotations do not automatically apply to follow-up orders.
12.Delivery dates in the offer of International Color & Style Institute are in principle indicative and if exceeded shall not entitle the client to rescind or claim damages, unless expressly agreed otherwise.
Article 4 - Products offered
1.All offers made by International Color & Style Institute are without obligation unless otherwise expressly stated in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer. An Offer does not exist until it is made in writing.
2.The offer made by International Color & Style Institute is without obligation. International Color & Style Institute is only bound by the offer if the acceptance thereof is confirmed by the client in writing within 30 days, or if the client has already paid the amount due. Nevertheless, International Color & Style Institute is entitled to refuse an agreement with a potential client for a valid reason.
3.The Offer contains an accurate description of the Product offered with corresponding prices. The description is detailed enough to enable the Client to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind International Color & Style Institute. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (at a distance). International Color & Style Institute cannot guarantee that the colors in the image exactly match the real colors of the Product.
4.Delivery times and Deadlines stated in International Color & Style Institute's Offer are indicative and, if exceeded, shall not entitle the Client to rescission or damages, unless expressly agreed otherwise.
5.A composite quotation does not oblige International Color & Style Institute to deliver a portion of the items included in the offer or Proposal at a portion of the quoted price. 6.If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and on an as-is basis.
Article 5 - Conclusion of the Agreement regarding Services
1.The agreement comes into effect when the client has accepted an offer or agreement from International Color & Style Institute by returning a signed copy (scanned or original) to International Color & Style Institute, or by explicitly and unambiguously accepting the offer by e-mail. The Agreement may also come into existence at the moment when the Client has accepted an offer from International Color & Style Institute by paying for the Service in question through the International Color & Style Institute website.
2.International Color & Style Institute is entitled to revoke the Agreement up to 5 working days before the start of the Service in question if the minimum number of Participants to be determined by International Color & Style Institute has not been reached. In such a case, International Color & Style Institute shall reschedule the Service to a new date and notify the Client immediately. If the Service cannot be rescheduled, monies already paid will be refunded.
3.To ensure quality, a maximum number of Participants is attached to each Service. Placement for a Service takes place in order of receipt of applications, whereby the date of receipt is decisive. If the maximum number of Participants is exceeded, new registrations will be placed on the waiting list. Participants will be notified of this.
4.International Color & Style Institute is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or clerical error.
5.If the Agreement is entered into by more than one Principal, each Principal is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
6.In case International Color & Style Institute provides a customized Service to the Client, the Client has no right of withdrawal from the Agreement. This is explicitly stated in the Offer.
7.In the case of short webinars and/or short courses, the following applies: The right of withdrawal of Client being a Business is excluded, unless otherwise agreed. Client being a Consumer has the right of withdrawal during the statutory period of 14 days, unless International Color & Style Institute has already started providing services with the consent of the client. Client waives her right of withdrawal by means of this consent.
8.In case of revocation of a sustained training, it shall be adhered to Article 8 of these general conditions.
Article 6 - Establishment of the Agreement regarding Products
1.The Agreement comes into effect when the Client has accepted an offer from International Color & Style Institute by paying for the relevant Product through the International Color & Style Institute website.
2.An Offer can be made by International Color & Style Institute through the website.
3.If the Client has accepted the Offer by entering into an Agreement with International Color & Style Institute, International Color & Style Institute shall confirm the Agreement with the Client in writing, or at least by e-mail.
4.If the acceptance deviates (on minor points) from the Offer, International Color & Style Institute is not bound by it.
5.The right of withdrawal is excluded for Client being a Business. Client being a Consumer is entitled to assert its right of withdrawal within the statutory period. If revocation is applicable, Client shall handle the Product and its packaging with care. It shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and operation of the Product. The direct costs of returning the Product shall be borne by the Client.
Article 7 - Duration of the agreement regarding Services (such as courses and workshops, etc)
1.The Agreement is entered into for the duration of the assignment, unless otherwise agreed upon.
2.Both the client and International Color & Style Institute may dissolve the agreement on the basis of an attributable failure to perform if the other party has been given notice of default in writing and has been given a reasonable period in which to fulfill its obligations and still fails to properly fulfill its obligations. This also includes the Client's payment and cooperation obligations.
3.The dissolution of the agreement shall not affect the client's payment obligations insofar as International Color & Style Institute has already performed work or delivered services at the time of dissolution. Client shall pay the agreed compensation.
4.Both the client and International Color & Style Institute are entitled to terminate the agreement in whole or in part with immediate effect in the event that one of the parties has been granted a suspension of payments, has filed for bankruptcy or has gone into liquidation. If a situation as mentioned above occurs, International Color & Style Institute shall never be obliged to refund monies already received and/or to pay damages.
Article 8 - Cancellation regarding Services (such as courses and workshops, etc)
1.Prior to the commencement of the Service, Client being a Consumer or Business after final registration has a statutory reflection period of 14 days. If Principal wishes to cancel an already confirmed Agreement, this can only be done by written notification to Impact Styling Academy. The start date of the Service will be the date in the Agreement concluded by Impact Styling Academy with Principal. To determine the time of cancellation, the moment of receipt of said cancellation by Impact Styling Academy will apply.
3. The applicability of article 7:408 paragraph 1 Civil Code is explicitly excluded for Principal being a Business. Client being a Consumer has the right to terminate the Service on condition that less than 20% of the digital training has been completed. After that the right of termination expires irrevocably. Impact Styling Academy is also entitled to claim a material fee from Client. For 2023, this material fee is set on: the materials color analysis 650,- euro and for the training clothing styling 150,-.
4.Before commencement of the Service, Client shall pay in full, or: if agreed upon: an advance or the first instalment. Fees already paid will in principle not be refunded in case of termination, unless the Agreement is terminated due to compelling interests of the Client and with the written consent of Impact Styling Academy. If Client terminates the Agreement before the Service is completed or the time for which the Agreement was entered into has expired, the outstanding costs of the Service, to the extent not already covered under the advance payment, will be charged to Client. In determining this, account will be taken, among other things, of the work already performed by Impact Styling Academy, the benefit enjoyed by the Client thereof and the ground on which the Agreement was terminated.
5. Without prejudice to the preceding paragraph, Client shall owe the full cost of the Service to Impact Styling Academy if the termination of the Agreement is attributable to Client and payment of the full cost is reasonable given the circumstances of the case. In any case, such is the case if the Client stops the Service of his own accord due to, but not limited to: reduced motivation, lack of time, finding another job, starting another course, or any other reason for which Client terminates the Agreement prematurely and Impact Styling Academy cannot reasonably be blamed for this.
6. Costs related to Educational material already delivered or otherwise made available to the Principal will never be eligible for reimbursement and will be charged to the Principal upon early termination of the Agreement.
7. Any refunds will be realized within 4 weeks.
Article 9 - Performance of services
1.International Color & Style Institute shall endeavor to perform the agreed service with the utmost care as may be expected of a good service provider. International Color & Style Institute guarantees a professional and independent service. All services are performed on the basis of an obligation to perform to the best of one's ability, unless a result has been explicitly agreed upon in writing and described in detail.
2.International Color & Style Institute guarantees that all information required for participation in the relevant Service will be provided to the Client in a timely manner, or no later than 2 days before the start of the Service, unless the Client has not yet fulfilled his or her payment obligation.
3.The Agreement under which International Color & Style Institute performs the Services shall guide the scope and extent of the Services.
4.The information and data provided by the client are the basis for the services offered and prices quoted by International Color & Style Institute. International Color & Style Institute is entitled to adjust its services and its prices if the information provided turns out to be incorrect and/or incomplete.
5.In performing the Services, International Color & Style Institute is not obliged or required to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for International Color & Style Institute, the Client shall be obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
6.International Color & Style Institute is entitled to engage third parties for the performance of the Service at its discretion.
7.The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may affect the execution of the order. Under no circumstances shall International Color & Style Institute be liable for adjusting the planning or content of the Service.
8.If the commencement, progress or completion of the Services is delayed due to, for example, the client failing to provide all requested information or to do so on time or in the required format, insufficient cooperation, any advance payment not having been received on time by International Color & Style Institute or due to other circumstances for which the client is responsible, International Color & Style Institute is entitled to a reasonable extension of the delivery period. All damages and additional costs resulting from delay due to a cause as mentioned above shall be for the account and risk of the client.
Article 10 - Coaching session and/or practice days.
1.If commissioned, International Color & Style Institute can provide coaching and/or a practice day for the Client. Client will receive an overview of possible practice days before the start of the Service, which can be self-scheduled.
2.The coaching session and/or practice day shall take place at the Client's location or at a location of International Color & Style Institute to be determined. If the coaching session and/or practice day takes place at Client's location, Client is obliged to provide the facilities required in the context of the coaching in a timely manner. If a coaching session and/or practice day cannot take place or is delayed because the client has not fulfilled the aforementioned obligation, all consequences of this shall be at the client's expense and risk. International Color & Style Institute is also entitled to give instructions regarding the suitability of the location and facilities present there before the start of the coaching session and/or practice day.
3.The coaching session and/or practice day can also take place through International Color & Style Institute's platform or any other suitable offline means.
4.The content of the coaching session and/or practice day offered by International Color & Style Institute and the advice given during the coaching session and/or practice day are not binding and of an advisory nature only, but International Color & Style Institute shall observe its duty of care. The coaching session and/or practice day will be tailored as much as possible to the wishes of the Client as well as the needs of the participant(s) concerned.
5.Client shall notify International Color & Style Institute in writing prior to the start of the coaching session and/or practice day of any circumstances that are or may be of concern including any items and priorities for which Client wishes attention.
6.International Color & Style Institute is entitled to cancel or reschedule the coaching session and/or practice day if there are too few registrations. It is at the sole discretion of International Color & Style Institute to reschedule the coaching session and/or practice day. If the client is not available on the newly set date, the client is entitled to a pro rata refund of monies already paid or can participate in the coaching session and/or practice day on another date. The parties will consult on this matter. If there are too many registrations, International Color & Style Institute is entitled to have the coaching session and/or practice day take place in multiple sessions. If applicable, the aforementioned situation will be discussed with the client in a timely manner.
7.If an instructor is ill or unable to attend, International Color & Style Institute will attempt to find equivalent replacement. If this proves impossible, International Color & Style Institute will suggest alternative dates.
Article 11 - Educational materials
1.International Color & Style Institute shall make the Teaching Materials required for participation in the training available to Participant in good time, or no later than 2 days before the start of the training, unless Participant has not yet fulfilled her payment obligation.
2.All delivery times used by International Color & Style Institute are determined to the best of International Color & Style Institute's ability based on the data that Participant provided International Color & Style Institute with at the time of entering into the Agreement. International Color & Style Institute is not liable for any exceeding of delivery times.
Article 12 - Obligations of Client
1.The client is obliged to provide all information requested by International Color & Style Institute as well as relevant appendices and related information and data (including the number of Participants with full names, date of birth and place of birth) in a timely manner and/or prior to the commencement of the Engagement and in the desired form for the purpose of the correct and efficient execution of the Agreement. Failure to do so may prevent International Color & Style Institute from being able to fully execute the Agreement. The consequences of such a situation shall at all times be at the expense and risk of the Client.
2.International Color & Style Institute is under no obligation to verify the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is International Color & Style Institute responsible for the accuracy and completeness of the information compiled by International Color & Style Institute for third parties and/or provided to third parties in the context of the Agreement.
3.International Color & Style Institute may, if necessary for the execution of the agreement, request additional information. Failure to do so shall entitle International Color & Style Institute to suspend its work until the information is received, without being liable to pay any compensation for damages on any account whatsoever to the client.
4.Client or Participant is obliged to attend all (scheduled) meetings. If Participant is unable to attend for any reason, Participant must make this known before the start of the day in question, stating valid reasons. As part of the training, meetings are organized regularly. Participant is obliged to actively participate in the meetings as well as follow the Online modules at home.
Article 13 - Content of the Service.
1.If during the execution of the education, training and/or course any advice or recommendations are given, their content is not binding and of an advisory nature only, but International Color & Style Institute shall observe its duty of care. The client decides on his own responsibility whether to follow the advice.
2.The outcome of the Service depends at all times on the commitment of the individual Participant. Participants are expected to actively participate in the Service. If homework is given or otherwise some preparation is required, Participants must have completed it prior to commencement.
3.If Participant is required to take care of certain items within the framework of the Service (books, laptop, company clothing, etc.), International Color & Style Institute will inform Participant of this in a timely manner.
4.Participant shall notify International Color & Style Institute in writing prior to the commencement of the Service of any circumstances that are or may be material including any items and priorities for which Participant wishes attention.
5.In case of illness or late attendance of the Participant, the (late) absence must be communicated to International Color & Style Institute as soon as possible. If this is not done or not done in time, International Color & Style Institute may charge additional costs or further affect the rights to which Participant is entitled under the Agreement. Illness or absence shall not affect Participant's payment obligation. Under no circumstances is Participant entitled to restitution of monies already paid or any form of compensation if she misses a class day or meeting.
6.If Participant arrives more than 10 minutes later than the agreed starting time of a meeting, International Color & Style Institute (or the instructor concerned) is entitled to deny Participant access if, in the opinion of International Color & Style Institute, participation will disrupt the other Participants. The consequences of not being able to participate shall in such case be at the expense and risk of the late Participant, unless otherwise agreed.
7.International Color & Style Institute has the right to deny access or exclude Participants who, due to disruptive behavior or other annoying activities, hinder the course of the Service for themselves or other Participants. The consequences of a denial or exclusion are at all times at the expense and risk of Participant.
8.If a Participant fails to complete all or part of an online module, on time or successfully, this may affect successful completion of the Service and may, in the worst case, result in Participant being unable to complete the Service in its entirety. If Participant fails to complete a mandatory online module once, not on time or not successfully, there will be no further consequences. It is the Participant's responsibility to complete the module within the allotted time. If Participant repeatedly fails to complete an online module, or fails to complete it on time or successfully, thereby delaying the learning process of fellow students, a consultation between International Color & Style Institute and Participant will take place in order to discuss the progress of the Service.
Article 14 - Examination and/or inspection
1.For each module and/or course, it will be indicated whether an examination will be taken for the Service in question. The method of this exam will be announced before the start of the Service. The exam is a mandatory part of the Service and is included in the price of the training.
2.If a Service is to be concluded with an examination or inspection, Participant must always be in possession of valid proof of identity and the relevant personal protective equipment if required. Without valid proof of identity it is possible that Participant cannot take the examination or inspection. All consequences are at the expense and risk of the Participant concerned.
3.When taking an examination or inspection, Participant is always required to be present at least 15 minutes in advance at the agreed location. If Participant does not show up on time for an exam or inspection, Participant may be denied participation. All consequences of this are at the expense and risk of Participant.
4.The prices charged by International Color & Style Institute in connection with the Engagement are at all times exclusive of the costs associated with taking an examination and/or test.
5.If a passing grade is obtained for all parts of the exam, the Participant will receive a certificate. This qualification is at the discretion of International Color & Style Institute. If one or more sections do not receive a satisfactory result, a one-time re-examination can be held free of charge.
Article 15 - Additional work and changes
If during the execution of the Agreement it appears that the Agreement needs to be amended, or at the request of the Client further work is necessary to achieve the desired result of the Client, the Client is obliged to pay for this additional work according to the agreed rate. International Color & Style Institute is not obliged to comply with this request, and may require the Client to enter into a separate Agreement for this purpose and/or to refer to an authorized third party. Article 16 - Delivery of Products
1.If the commencement, progress or delivery of the Agreement is delayed due to, for example, the client failing to provide all requested information or to do so in a timely manner, insufficient cooperation, the payment or deposit has not been received in time by International Color & Style Institute or due to other circumstances beyond the control of International Color & Style Institute, International Color & Style Institute is entitled to a reasonable extension of the delivery period. All agreed delivery periods shall never be deadlines. The client must give International Color & Style Institute written notice of default and allow it a reasonable period of time to deliver. The client is not entitled to any damages as a result of the delay.
2.Client is obliged to take delivery of the items at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
3.If the Client refuses to take delivery or fails to provide information or instructions necessary for delivery, International Color & Style Institute is entitled to store the goods at the expense and risk of the Client.
4.If the Products are delivered by International Color & Style Institute or an external carrier, International Color & Style Institute is entitled, unless otherwise agreed in writing, to charge any delivery costs. These shall then be invoiced separately unless expressly agreed otherwise.
5.If International Color & Style Institute requires data from the client in connection with the performance of the Agreement, the delivery period shall not begin until the client has provided International Color & Style Institute with all the data necessary for the performance.
6.If International Color & Style Institute has specified a deadline for delivery, it is indicative.
7.International Color & Style Institute is entitled to deliver the goods in consignments, unless the Agreement provides otherwise or the consignment has no independent value. International Color & Style Institute is entitled to invoice the delivered goods separately.
8.Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. International Color & Style Institute reserves the right to refuse delivery if there are well-founded fears of non-payment.
Article 17 - Packaging and transportation Products
1.International Color & Style Institute undertakes to the Client to properly package and secure the goods to be delivered in such a way that they will reach their destination in good condition during normal use.
2.Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials.
3.The acceptance of goods without any remarks on the waybill or receipt is considered proof that the packaging was in good condition at the time of delivery.
Article 18 - Examination, complaints Products
1.The Client shall be obliged to inspect the delivered Products or have them inspected at the time of delivery or handover, but in any event within 14 days of receipt of the delivered Products, and only to unpack or use the Products to the extent necessary to assess whether it will keep the Product. In doing so, the Customer shall examine whether the quality and quantity of the Products delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
2.Client is obliged to examine and inform himself in what manner the Product should be used and in case of personal use, to test the Product in accordance with the instructions for use. International Color & Style Institute accepts no liability for the incorrect use of the Product by the Client.
3.Any visible defects or shortages must be reported to International Color & Style Institute in writing after delivery at info@impactstylingacademy.nl. The client has 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days of discovery but at the latest within 6 months of delivery. If the Product is damaged as a result of careless handling by the Client, the Client shall be liable for any decrease in value of the Product. 4.If a complaint is filed in a timely manner pursuant to the previous paragraph, the client shall remain obliged to pay for the goods purchased. If the client wishes to return defective goods, this shall only be done with the prior written consent of International Color & Style Institute in the manner indicated by International Color & Style Institute.
5.If the Consumer uses its right of withdrawal, it shall return the Product and all accessories, to the extent reasonably possible, in their original condition and packaging to International Color & Style Institute in accordance with International Color & Style Institute's return instructions. The direct costs for return shipments shall be at the expense and risk of the Client.
6.International Color & Style Institute is entitled to investigate the authenticity and condition of the returned Products before a refund will be made.
7.Refunds to Client will be processed as soon as possible, but payment may take no longer than 30 days after receipt of the return. Refunds will be made to the account number previously provided.
8.If Client exercises its right of complaint, it shall not be entitled to suspend its payment obligation nor to set off outstanding invoices. 9.In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to International Color & Style Institute, International Color & Style Institute shall, following a request to that effect from the client, either send the missing Product(s) or cancel the remaining order. The receipt of the Products is leading in this respect. Any damage suffered by the client as a result of the (deviating) scope of delivery cannot be recovered from International Color & Style Institute.
Article 19 - Prices and payment
1.All prices are in principle exclusive of sales tax (VAT), unless otherwise agreed. Training courses are exempt from VAT. During the validity period of the Offer, the prices of the Products and Services offered will not be increased, except in the case of changes in VAT rates.
2.The fee for the Service includes costs for Educational Materials, but excludes any costs associated with additional workshops, meetings and items provided to Participant that have not been agreed upon in advance, as well as the cost of exams.
3.All items provided by International Color & Style Institute relating to Educational Materials shall remain the property of International Color & Style Institute until the client has fulfilled all of the following obligations under all agreements concluded with International Color & Style Institute.
4.International Color & Style Institute performs its services in accordance with the agreed upon rate. Payment shall be made prior to the commencement of the Service, or at least prior to the commencement of the relevant education, course or training, unless otherwise agreed. If a further term of payment has been agreed upon, the term of payment is 14 days after the invoice date, but in any case prior to the start of the Service. The client shall pay these costs in a lump sum, without setoff or suspension, to the account number and details of International Color & Style Institute made known to her.
5.Payment of Products shall preferably be made in advance in the currency in which invoiced by the method indicated. Client shall make payment in a lump sum to the account number and details of International Color & Style Institute made known to her. The parties may agree on a different payment term only with the express written consent of International Color & Style Institute.
6.International Color & Style Institute reserves the right to deny a Participant access to a Service if the Client has not fulfilled its payment obligations.
7.Client is obliged to fully reimburse the costs of third parties such as examination agencies unless expressly agreed otherwise.
8.Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
9.International Color & Style Institute is entitled to increase the applicable prices and rates annually in accordance with the prevailing rate of inflation. Other price changes during the Agreement are only possible if and insofar as they are expressly stipulated in the Agreement.
10.If a periodic payment obligation of the Client is agreed upon, International Color & Style Institute is entitled to adjust the applicable prices and rates in writing subject to a period of 3 months.
11.In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Client, payment and all other obligations of Client under the Agreement shall become immediately due and payable.
12.International Color & Style Institute is entitled to have the payments made by the client go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest. International Color & Style Institute may, without being in default, refuse an offer of payment if the client designates a different sequence of attribution. International Color & Style Institute may refuse full repayment of the principal sum, if said repayment does not include the interest still due, the accrued interest and the costs.
13.If payment is not made on time, International Color & Style Institute is entitled to refuse the client admission to the Service, without prejudice to the right to still claim full or partial payment of the amount due.
Article 20 - Collection policy
1.If Client does not meet her payment obligation, and has not fulfilled her obligation within the payment term set for it, Client is legally in default. Client being a Consumer will first receive a written reminder with a period of 14 days after the date of receipt, to still fulfill her payment obligation with an indication of the extrajudicial costs if Client does not fulfill her obligations within that period, before she is in default.
2.From the date the client is in default, International Color & Style Institute shall be entitled, without further notice of default, to statutory commercial interest from the first day of default until payment in full, and compensation for extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code to be calculated in accordance with the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3.If International Color & Style Institute has incurred more or higher costs which are reasonably necessary, such costs shall be eligible for reimbursement. The integral judicial and execution costs incurred shall also be borne by the client.
Article 21 - Retention of title Products.
1.All items delivered by International Color & Style Institute shall remain the property of International Color & Style Institute until the client has fulfilled all of the following obligations under all agreements concluded with International Color & Style Institute.
2.Client is not authorized to pledge or otherwise encumber the items subject to retention of title if ownership has not yet been transferred in full.
3.If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the client is obliged to inform International Color & Style Institute as soon as can reasonably be expected.
4.Should International Color & Style Institute wish to exercise its property rights referred to in this article, the client hereby unconditionally and irrevocably authorizes and permits International Color & Style Institute or third parties to be designated by International Color & Style Institute to enter those places where the property of International Color & Style Institute is located and to repossess those goods.
5.International Color & Style Institute is entitled to retain possession of the Product(s) purchased by the client if the client has not yet fulfilled its payment obligations (in full), despite an obligation on the part of International Color & Style Institute to transfer or surrender them. After the client has fulfilled his obligations, International Color & Style Institute shall make every effort to deliver the purchased Products to the client as soon as possible, but within 20 working days at the latest.
6.Costs and other (consequential) damages resulting from the retention of the purchased Products shall be at the expense and risk of the Client and shall be compensated by the Client to International Color & Style Institute on demand.
Article 22 - Warranty Products
International Color & Style Institute warrants that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the statutory rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the client has expressly notified International Color & Style Institute of this use in writing at the time of entering into the Agreement.
Article 23 - Risk Transfer Products
The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Client being a business at the time the items leave the warehouse of International Color & Style Institute. For Consumers, the above-mentioned risk shall pass to the Client if the Products have been given into the power of the Client. This shall be the case if the Products have been delivered to the Client's delivery address.
Article 24 - Privacy, data processing and security
1.In the execution of the Services, personal data of Participants are collected. International Color & Style Institute will treat the (personal) data of the Participants concerned with care and will only use them in accordance with the applicable standards. If requested, International Color & Style Institute will inform the person concerned.
2.Client is solely responsible for the processing of data processed using a service of International Color & Style Institute. The client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the client indemnifies International Color & Style Institute against any (legal) claim related to these data or the execution of the agreement.
3.If the agreement requires International Color & Style Institute to provide security of information, such security shall meet the agreed specifications and a level of security that is not unreasonable, given the state of the art, the sensitivity of the data, and the associated costs.
Article 25 - Suspension and dissolution
1.International Color & Style Institute is entitled to deny the Participant access to the education or to retain the Course material if the client has not yet fulfilled her payment obligations (in full). This right shall remain in full force and effect should a valid reason for International Color & Style Institute arise justifying suspension. 2.International Color & Style Institute is entitled to suspend the performance of its obligations as soon as the client is in default of any obligation arising from the agreement, including overdue payment of its invoices. The suspension shall immediately be confirmed to the Client in writing.
3.In such case, International Color & Style Institute shall not be liable for any damages, on any account, resulting from the suspension of its operations.
4.The suspension (and/or dissolution) shall not affect the Client's payment obligations for work already performed. In addition, the Client is obliged to compensate International Color & Style Institute for any financial loss suffered by International Color & Style Institute as a result of the Client's default.
Article 26 - Force majeure
1.International Color & Style Institute shall not be liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the agreement.
2.Force majeure on the part of International Color & Style Institute shall include, but not be limited to: (i) force majeure of suppliers of International Color & Style Institute, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended to International Color & Style Institute by the client or its third parties, (iii) defectiveness of software or any third party involved in the performance of the service, (iv) governmental measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of International Color & Style Style Institute or consultants engaged by it, and (vii) other situations which in the opinion of International Color & Style Institute are beyond its control which temporarily or permanently prevent performance of its obligations.
3.In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the rescission of the Agreement shall in that case be paid by the Client. International Color & Style Institute is not obliged to compensate Client for any losses caused by such rescission.
Article 27 - Limitation of liability
1.If any result set forth in the Agreement is not achieved, a default by International Color & Style Institute shall be deemed to exist only if International Color & Style Institute expressly promised such result upon acceptance of the Agreement.
2.If the performance of services by International Color & Style Institute leads to liability on the part of International Color & Style Institute, such liability shall be limited to the total amount invoiced within the framework of the Agreement, but only with regard to direct damage suffered by the client unless such damage is the result of intent or recklessness bordering on intent on the part of International Color & Style Institute. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage, the liability and the manner of recovery.
3.For personal injury or bodily harm, the liability of International Color & Style Institute is further limited to the amount paid out by the insurance company per event per year plus the amount of the deductible to be borne by International Color & Style Institute. This applies except in the event of intent or recklessness bordering on intent on the part of International Color & Style Institute.
4.International Color & Style Institute expressly excludes all liability for consequential damages. International Color & Style Institute shall not be liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
5.The Client shall indemnify International Color & Style Institute against all claims of third parties resulting from a defect as a result of a service provided by the Client to a third party and consisting in part of Services provided by International Color & Style Institute, unless the Client can prove that the damage was caused solely by the service provided by International Color & Style Institute.
6.Any advice provided by International Color & Style Institute, based on incomplete and/or incorrect information provided by the client, shall never constitute grounds for liability on the part of International Color & Style Institute.
7.Participant's successful completion of the training is not guaranteed. Participant is always responsible for the successful completion of the training. International Color & Style Institute has a best-efforts obligation to guide Participant to the best of its ability within the framework of the Agreement. Any liability for damage suffered by the Participant as a result of not successfully completing the Service is excluded, expressly including consequential damage. All this except in the situation of intent or deliberate recklessness of International Color & Style Institute. However, even in that case the liability is limited as described in paragraph 2 of this article.
8.Successful completion of the training or coaching programs does not guarantee a successful business. Client is responsible for a successful business. No guarantee is given about the final result.
9.International Color & Style Institute is not liable for consequential damage, indirect damage, loss of profits and/or losses suffered, missed savings and damage resulting from the use of the Products supplied is excluded. For Consumers, a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
10.International Color & Style Institute is not liable for and/or obliged to repair damage caused by the use of the Product. International Color & Style Institute provides strict maintenance and usage instructions which must be followed by the client. All damage to Products resulting from wearing and use is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss etc.).
11.International Color & Style Institute does not warrant the accurate and complete transmission of the content of and email sent by/on behalf of International Color & Style Institute, nor its timely receipt.
12.All claims of the client for shortcomings on the part of International Color & Style Institute shall expire if they have not been reported to International Color & Style Institute in writing, stating reasons, within one year after the client became aware or could reasonably have become aware of the facts on which she bases her claims. One year after the termination of the Agreement between the parties, International Color & Style Institute's liability shall expire.
Article 28 - Secrecy
International Color & Style Institute and the Client undertake to keep confidential all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality shall not apply if the information in question is already public/general knowledge, the information is not confidential and/or the information was not disclosed to International Color & Style Institute during the course of the Engagement with the client and/or was otherwise obtained by International Color & Style Institute.
Article 29 - Intellectual Property Rights.
1.All IP rights and copyrights of International Color & Style Institute including in any case, but not limited to all presentations, designs, Educational Materials, models, reports and advice shall belong exclusively to International Color & Style Institute and shall not be transferred to the Client unless expressly agreed otherwise.
2.The client is prohibited from using all documents and software subject to the IP rights and copyrights of International Color & Style Institute outside the scope of the Agreement and/or disclosing and/or reproducing, modifying or making available to third parties (including use for commercial purposes) without the express prior written consent of International Color & Style Institute. If the client wishes to make changes to items delivered by International Color & Style Institute, International Color & Style Institute must explicitly approve the intended changes.
3.The Client is prohibited from using the items and documents subject to the intellectual property rights of International Color & Style Institute other than as agreed in the Agreement.
4.The parties will inform each other and take joint action if an IP rights infringement occurs.
Article 30 - Indemnification and accuracy of information
1.The client itself is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in any form whatsoever, which it provides to International Color & Style Institute in the context of an Agreement, as well as data obtained from third parties and provided to International Color & Style Institute for the purpose of performing the Service.
2.Client shall indemnify International Color & Style Institute from any liability as a result of failure or delay in fulfilling the obligations regarding the timely provision of all accurate, reliable and complete data, information, documents and/or records, as well as the timely attendance of Participant.
3.The client shall indemnify International Color & Style Institute against all claims of the client and third parties engaged by it or working under it, as well as of clients of the client, based on the failure to obtain (on time) any consents required within the framework of the execution of the Agreement.
4.The client indemnifies International Color & Style Institute against all claims of third parties arising from the work done for the client, including but not limited to intellectual property rights on Educational Materials.
5.If the Client provides electronic files, software or information carriers to International Color & Style Institute, the Client guarantees that they are free of viruses and defects.
6.Client shall indemnify International Color & Style Institute against any and all claims arising from the unsuccessful completion of training, courses or other education under the Agreement by a Participant.
Article 31 - Complaints
1. If Client is not satisfied with the service of Impact Styling Academy or otherwise has complaints about the performance of the Assignment, Client is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant occasion that led to the complaint.
2. Complaints can be reported in writing via info@impactstylingacademy.nl with the subject line "Complaint". The complaint must be sufficiently substantiated and/or explained by the Principal for Impact Styling Academy to handle the complaint.
3. You will receive a confirmation of receipt of your complaint within 5 working days.
4. Complaints will be treated confidentially.
5. Impact Styling Academy will within 4 weeks with a proposal for resolution, if the deadline is not feasible, you will receive an indication when we can give a definitive answer.
6. If you do not agree with our proposal for settlement, you can appeal to the dispute commission.
7. The verdict of the dispute committee is binding for Impact Styling Academy.
8. Any consequences will be dealt with within 4 weeks.
9. Parties will try to reach a solution together.
10. Complaints and how they are handled will be kept for 2 years.
Article 32 - Applicable law
1.The legal relationship between International Color & Style Institute, part of Impact Styling and the client is governed by Dutch law.
2.International Color & Style Institute is entitled to amend these general terms and conditions and shall notify the Client accordingly.
3.In case of translations of these general terms and conditions, the Dutch version shall prevail.
4.All disputes arising out of or in connection with the agreement between International Color & Style Institute and the client shall be settled by the competent court of the District Court of Midden-Nederland, location Utrecht, the Netherlands, unless provisions of mandatory law designate another competent court.
Huizen, Jan. 12, 2021
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