General Terms and Conditions Alice Kapitein Hairstyling
Alice Kapitein trading under the name Alice Kapitein Hairstyling (hereinafter: Alice Kapitein Hairstyling) is registered with the Chamber of Commerce under number 68050674 and is located at Nink 67 (8321AC) in Urk. Post address Rietgors 11, 8322 CD Urk. VAT number: NL002278575B56
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
2. Offer: Any written offer to the Customer to deliver Products by Alice Kapitein Hairstyling to which these terms and conditions are inextricably linked.
3. Company: The natural or legal person who acts in the capacity of a profession or business.
4. Consumer: The natural person who does not act in the capacity of a profession or business.
5. Customer: The Company or the Consumer who enters into an Agreement (at a distance) with Alice Kapitein Hairstyling and purchases an online course.
6. Agreement: The distance purchase agreement that extends to the sale of and access to Products or Services purchased by the Customer from Alice Kapitein Hairstyling.
7. Digital Products or Services: The Products or Services offered by Alice Kapitein Hairstyling are online courses for bridal hairstyles.
8. Alice Kapitein Hairstyling: The supplier of Products/Services to Customer.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer of Alice Kapitein Hairstyling, every Agreement between Alice Kapitein Hairstyling and a Customer and to every Product and/or Service offered by Alice Kapitein Hairstyling.
2. Before an Agreement (at a distance) is concluded, the Customer will have acces to these general terms and conditions. If this is not reasonably possible, Alice Kapitein Hairstyling will indicate to the Customer how the Customer can view the general terms and conditions, which in any case have been published on the website of Alice Kapitein Hairstyling, so that the Customer can easily store these general terms and conditions on a durable data medium.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated from insofar as this has been explicitly agreed in writing with Alice Kapitein Hairstyling.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Client.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are invalid, the other provisions of these general terms and conditions will remain in force and the void / nullified provision(s) will be replaced by a provision with the same purpose as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to she/her in these general terms and conditions, this should also be understood as a reference to he/him/his, if and insofar as applicable.
8. In addition to these terms and conditions, the terms and conditions of use of the third party on which the course is hosted apply.
Article 3 - The Offer
1. All offers made by Alice Kapitein Hairstyling are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Alice Kapitein Hairstyling is only bound by an Offer if the Customer has already paid the amount due. Nevertheless, Alice Kapitein Hairstyling has the right to refuse an Agreement with a (potential) Client for a valid reason for Alice Kapitein Hairstyling.
3. The Offer contains an accurate description of the digital Product or Service offered with associated prices. The description is detailed in such a way that the Client is able to make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind Alice Kapitein Hairstyling. Any information in the Offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement (remotely).
4. Offers or quotations do not automatically apply to follow-up orders.
Article 4 - Establishment of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer from Alice Kapitein Hairstyling paying the relevant Product or Service via the designated payment service, after which the Client will in turn gain access to the course .
2. An Offer can be made by Alice Kapitein Hairstyling via the website of Alice Kapitein Hairstyling or the website of a third party.
3. If the Customer has accepted the Offer by concluding an Agreement with Alice Kapitein Hairstyling, Alice Kapitein Hairstyling will confirm the Agreement with the Customer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Alice Kapitein Hairstyling is not bound by it.
5. Alice Kapitein Hairstyling is not bound by an Offer if the Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Customer cannot derive any rights from this mistake or error.
6. Customer is not entitled to revocation in the event of the purchase of Digital Services or Products such as the purchase of the course, if the Customer expressly waives this. Immediately after payment, the Customer obtains access to the Digital services via the agreed method.
Article 5 - Execution of the Agreement
1. Alice Kapitein Hairstyling will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, Alice Kapitein Hairstyling has the right to have certain activities performed by third parties at its own discretion.
3. The Customer shall ensure that all information, which Alice Kapitein Hairstyling indicates is necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, is provided to Alice Kapitein Hairstyling in a timely manner. If the information required for the execution of the Agreement has not been provided to Alice Kapitein Hairstyling in time, Alice Kapitein Hairstyling has the right to suspend the execution of the Agreement.
4. Alice Kapitein Hairstyling may require security from the Customer or full payment in advance before proceeding with the execution of the Agreement.
5. Alice Kapitein Hairstyling is not liable for damage, of whatever nature, that has arisen because Alice Kapitein Hairstyling is based on incorrect and/or incomplete information provided by the Customer, unless this inaccuracy or incompleteness was known to Alice Kapitein Hairstyling. Customer indemnifies Alice Kapitein Hairstyling against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to Customer.
6. The result of the course is at all times dependent on the efforts of the Client. Everyone is expected to actively participate in the course.
Article 6 - Basic, premium and VIP course (these options are not available anymore since june 2022)
1. If the Client has purchased one of the Alice Kapitein Hairstyling courses, the Client will gain access to the Service via an online portal of a third party. Before accessing this online portal, the customer must agree to the terms of use of this third party. Alice Kapitein Hairstyling grants the Client a non-exclusive and limited right of use with regard to the course.
2. The customer may only use the online learning environment for his own activities. As a result, the right of use is not transferable and the Customer is not permitted to sell, rent, sublicense or make the right of use available to a third party in any way or for any purpose.
3. The customer only has access to the course if the payment conditions have been met. After payment for the course, Customer will receive access to a private Facebook group and access to the course purchased. Kant must then create an Account and can access the course by logging into the Account. The Customer is responsible for his or her login details and must not provide these login details to third parties.
4. In the event that the Client shares course material with third parties, Alice Kapitein Hairstyling is entitled to deny the Client access to the closed Facebook group and course.
5. In the event of technical problems, the Client must inform Alice Kapitein Hairstyling in writing by e-mail. Alice Kapitein Hairstyling will take the necessary measures to restore access to the service. If the Customer cannot use access to the service for a period, access to the service will be extended, at the request of the Customer, for the period in which use of the service was not possible due to technical problems. Such a request must be made by e-mail and will only be granted if the technical problems are at the expense and risk of Alice Kapitein Hairstyling.
6. Support by e-mail is only possible if Customer has purchased the premium or VIP course.
7.If the Client has paid for access, but does not make use of this, Alice Kapitein Hairstyling will not refund the already paid monies. Access to the e-learning expires at the end of the course. Access to the Service is for a maximum of 12 months. If the Customer wants to use the relevant term, the Customer must report this to Alice Kapitein Hairstyling, after which consultation takes place.
8. If Customer wants to follow another course, Customer must purchase access to a new course.
Article 7 - Prices and payment
1. In principle, all prices excluding turnover tax (VAT), unless otherwise agreed.
2. Alice Kapitein Hairstyling offers its Products or Services in accordance with a fixed rate. Payment must be made in advance in the currency in which is invoiced via the indicated payment service.
3. The customer must make payment in one time to the account number and data of Alice Kapitein Hairstyling made known to her.
4. If the Customer has a periodic payment obligation, Alice Kapitein Hairstyling is entitled to adjust the applicable prices and rates (only) in accordance with the conditions of the Agreement in writing.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Alice Kapitein Hairstyling's claims against the Buyer are immediately due and payable.
6. Alice Kapitein Hairstyling has the right to have the payments made by the Buyer extend in the first place to deduct the costs, then to deduct the interest that has become due and finally to deduct the principal sum and the accrued interest. Alice Kapitein Hairstyling can, without being in default as a result, refuse an offer for payment if the Buyer indicates a different order for the allocation. Alice Kapitein Hairstyling can refuse full repayment of the principal sum, if the interest and accrued interest as well as the costs are not also paid.
7. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the payment term set for this, as stated on the invoice, the Buyer, being a Company, is in default. Buyer, being a Consumer, will first receive a written reminder within a term of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not fulfill his obligations within that period, before they are in default.
8. From the date that the Buyer is in default, Alice Kapitein Hairstyling will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 BW, to be calculated according to the graduated scale from the decision on reimbursement for extrajudicial collection costs of 1 July 2012.
9. If Alice Kapitein Hairstyling has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.
For payment plans; when for the 2nd time in a row a payment didn't succeed, access to the course will be revoked! It will be giving back once you informed Alice via email that you would like to arrange a payment. Alice will send you a payment link and once payments has been made, access will be giving back.
Article 8 - Privacy, data processing and security
1. Alice Kapitein Hairstyling handles the (personal) data of the Customer and visitors to the website(s) with care. If requested, Alice Kapitein Hairstyling will inform the person concerned about this.
2. If Alice Kapitein Hairstyling is required to provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs. , is not unreasonable.
Article 9 - Suspension and dissolution
1. Alice Kapitein Hairstyling is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement,if the Xustomer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Alice Kapitein Hairstyling is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not comply in time or properly with the obligations arising for him from any Agreement concluded with Alice Kapitein Hairstyling arise.
3. Furthermore, Alice Kapitein Hairstyling is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances arise in some other way which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Alice Kapitein Hairstyling's claims against the Buyer are immediately due and payable. When Alice Kapitein Hairstyling suspends fulfillment of its obligations, it retains its rights under the law and Agreement.
5. Alice Kapitein Hairstyling always reserves the right to claim compensation.
Article 10 - Limitation of liability
1. If the performance of the Agreement by Alice Kapitein Hairstyling leads to Alice Kapitein Hairstyling's liability towards the Customer or third parties, that liability is limited to the costs charged by Alice Kapitein Hairstyling in connection with the Agreement, unless the damage has arisen due to intent or gross negligence.
2. In the event of an attributable shortcoming on the part of Alice Kapitein Hairstyling, Alice Kapitein Hairstyling is only obliged to pay any compensation if the Customer has given Alice Kapitein Hairstyling notice of default within 14 days after discovery of the shortcoming and Alice Kapitein Hairstyling has not subsequently within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Alice Kapitein Hairstyling is able to respond adequately.
3. Alice Kapitein Hairstyling expressly excludes all liability for consequential damage. Alice Kapitein Hairstyling is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
4. The Customer indemnifies Alice Kapitein Hairstyling against all claims from third parties as a result of a defect as a result of a service provided by the Customer to a third party and which also consisted of Products or Services supplied by Alice Kapitein Hairstyling, unless the Customer can demonstrate that the damage is caused solely by the service of Alice Kapitein Hairstyling.
5. Successful completion of a course by Customer is not guaranteed. Customer is always responsible for successfully completing the course. Alice Kapitein Hairstyling has a best efforts obligation to guide the Customer to the best of his ability within the framework of the Agreement. Any liability for damage suffered by the Client as a result of not successfully completing the course is excluded, emphatically including consequential damage. All this except in the situation in which there is intent or deliberate recklessness on the part of Alice Kapitein Hairstyling.
6. Alice Kapitein Hairstyling is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
7. Alice Kapitein Hairstyling is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.
8. Alice Kapitein Hairstyling does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Alice Kapitein Hairstyling, nor for its timely receipt.
9. All claims of the Customer due to shortcomings on the part of Alice Kapitein Hairstyling lapse if they are not reported in writing and motivated to Alice Kapitein Hairstyling within one year after the Customer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Customer expire in any case one year after the termination of the Agreement.
Article 11 - Force majeure
1. Alice Kapitein Hairstyling is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance. which is not due to its fault and cannot be accounted for by law, legal act or generally accepted standards.
2. Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of Alice Kapitein Hairstyling, (ii) failure to properly fulfill obligations of suppliers to which the Buyer has Alice Kapitein Hairstyling are prescribed or recommended, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures (as a result of a pandemic or epidemic), (v) power failure, (vi) failure of the internet, data network and telecommunications facilities (for example through: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at Alice Kapitein Hairstyling's company and (xi) other situations that, in the opinion of Alice Kapitein Hairstyling outside its sphere of influence that temporarily or permanently impede the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In case of partial dissolution, Alice Kapitein Hairstyling will refund the part that has not taken place due to force majeure. Customer is not entitled to a refund if part of the agreement has been fulfilled. In the event of complete dissolution, the Client is entitled to a refund of the monies already paid. Alice Kapitein Hairstyling is not obliged to reimburse the Client for any losses caused by such withdrawal.
Article 12 - Transfer of Risk
The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Customer at the moment when the items are (digitally) delivered under the control of the Customer.
Article 13 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Alice Kapitein Hairstyling rest exclusively with Alice Kapitein Hairstyling and are not transferred to Customer.
2. The Customer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents on which the intellectual property rights and copyrights of Alice Kapitein Hairstyling rest without the express prior written permission of Alice Kapitein Hairstyling.
3. The Customer is prohibited from using the Products on which the intellectual property rights of Alice Kapitein Hairstyling rest other than as agreed in the Agreement.
4. Any infringement by the Client of the IP rights (and copyrights) of Alice Kapitein Hairstyling will be punished with a one-off fine of € 10,000 (in words: ten thousand euros) and a fine of € 100 ( in words: one hundred euros) for each day that the infringement continues.
Article 14 - Confidentiality
1. Alice Kapitein Hairstyling and Customer undertake to maintain the confidentiality of all confidential information obtained in the context of the Agreement. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information has not been made known to Alice Kapitein Hairstyling during the Agreement with the Client and/or in any other way by Alice Kapitein Hairstyling. is received.
2. If Alice Kapitein Hairstyling is obliged to provide the confidential information to the law or competent court or indicated third party on the basis of a legal provision or a court decision and Alice Kapitein Hairstyling cannot invoke a right of nondisclosure, Alice Kapitein Hairstyling is not obliged to pay any compensation and does not give the Client any ground for dissolution of the Agreement.
3. Alice Kapitein Hairstyling and the Client also impose the confidentiality obligation on third parties to be engaged by them.
Article 15 - Complaints
1. If the Client is not satisfied with the Products or Services of Alice Kapitein Hairstyling or has any other complaints about the implementation of the Agreement, the Client is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported verbally or in writing via [email protected] with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Alice Kapitein Hairstyling is to be able to handle the complaint.
3. Alice Kapitein Hairstyling will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together.
Article 16 - Applicable law
1. The legal relationship between Alice Kapitein Hairstyling and the Client is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Alice Kapitein Hairstyling has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Alice Kapitein Hairstyling and the Client will be settled by the competent court of the Central Netherlands District Court, location Lelystad, unless mandatory provisions designate another competent court.
Article 17 - Membership Community:
Access via the Members Community is not automatically given when purchasing the online Course Clean Bridal Hair Academy - unless it mentions: 4 months Free access!
These are 2 seperate purchases.
You only get access when signing up for the Members Community specifically.
When canceling the subscription, please email [email protected] so Alice Kapitein Hairstyling can manually cancel it for you.
Article 18 - DIY CBHA course: - NO LONGER AVAILABLE
This is a completely self phased online course. There is no email support for questions about hairstyles etc. You also don’t have access to the members community.
If you want more access to Alice Kapitein Hairstyling, please email at [email protected] and become part of the Members Community (for a monthly fee).
Article 19 - BSC - Membership Community - NO LONGER AVAILABLE
Access to Bridal Stylist Community will be giving via an invitation link by email, after you signed up. You will get access to Kajabi first, to read some information, and watch videos. From there, you can access the community. This invitation email is only for you, and is not allowed to be shared.
The community itself is hosted inside Circle.so.
Inside the BSC, you will get access to monthly LIVE Q&A sessions, you are able to ask your questions and receive feedback.
Alice Kapitein will do her best to respond within 48 hours. During Sundays, Alice Kapitein is not available for any support issues.
Subscriptions:
There are 2 types of subscriptions. Monthly and annual.
Monthly: a payment each month. You give Alice permission to charge your cart each month.
Annual: 1 payment a year. You give Alice permission to charge your cart each year.
Canceling your subscription:
Subscriptions need to be canceled 14 days BEFORE the next payment. You can do so via email at [email protected] with subject line: I want to cancel my subscription.
Within 7 workdays, we will cancel the subscription
Article 20: Start YOUR Bridal Business the Minicourse
Access will be giving after purchase, as well as access to private FB group. No additional LIVE support available with this minicourse.
Updated: Urk, 13th of October 2022
