Terms and conditions
General terms and conditions
Article 1. General and definitions
- Nya Mattheessens, natural person, sole proprietorship operating under the commercial name CURL Studio, with registered office at Constantin Meunierstraat 43, 3000 Leuven, registered in the Crossroads Bank for Enterprises with enterprise number 0749.859.092 (hereinafter referred to as “CURL Studio”)
Email address: hello@curlstudio.be
1.2 In these general terms and conditions, the following definitions apply:
(1) General Terms and Conditions: Current general terms and conditions
(2) Service(s): Collection of all services offered by CURL Studio (including Online Services)
(3) Service Provider: CURL Studio or a person appointed by CURL Studio.
(5) Consumer: The consumer (within the meaning of Article I. 1, 2° of the Code of Economic Law) who enters into an agreement with the Service Provider and thereby accepts the general terms and conditions
(6) Offer(s): An offer or quotation issued by CURL Studio (via website, social media or email)
(7) Agreement: The agreement for services, or for the purchase of a Product between CURL Studio and the Consumer after acceptance of the Offer by the Consumer or the agreement for the purchase of a Service, Product or Online Service
(8) Online Service: online course, online e-book, etc. (i.e. digital content in accordance with Article 1701/1,1° O. BW)
(9) Parties: CURL Studio and the Consumer together
(10) Product(s): Products (with the exception of Online Services) that the Consumer purchases from CURL Studio
(11) Written: written communication such as email or by registered mail where necessary
(12) Website: www.curlstudio.be
Article 2. Acceptance of the General Terms and Conditions
2.1 Any agreement, of whatever nature, between CURL Studio and the Consumer is subject to the following General Terms and Conditions. Deviations from these General Terms and Conditions are only valid if they have been expressly agreed upon in advance and in writing.
Article 3. Commitments
3.1 Due to the nature of its services, CURL Studio is bound to a best-efforts obligation and will perform its assignments or provide services to the best of its ability according to the prevailing standards of care and good craftsmanship. It will always act as a professional would be expected to.
3.2 The Consumer is expected to promptly inform and keep CURL Studio informed of all information that is (reasonably) useful and necessary for the performance of the Service.
The Consumer will, among other things, strictly follow the guidelines provided in the confirmation email. In this regard, the Consumer acknowledges that failure to comply with these guidelines may adversely affect the end result.
Furthermore, the Consumer confirms to always strictly adhere to appointments and to always be present at the agreed appointment. CURL Studio provides a time frame of two (2) hours for the provision of the Services. Failure to respect the start time may result in the Services not being performed in their entirety, which may also adversely affect the end result.
The Consumer also acknowledges that the result of the Services is partly influenced by the Consumer's hair structure.
Furthermore, the Consumer expressly acknowledges that the result is highly dependent on following the advice provided by Curl Studio and the products and techniques used by the Consumer.
3.3 The Consumer accepts that CURL Studio may, without prior notice of default, suspend its Services in whole or in part or even terminate the Agreement if the Consumer fails to meet his/her payment obligations, or any other obligation (such as providing the required information) arising from the General Terms and Conditions, or meets them late.
Article 4. Services provided by third parties
4.1 CURL Studio may call on the services of third parties for the performance of the Service if it deems this necessary or useful.
Article 5. Offer and delivery
5.1 CURL Studio always makes an offer for its Services, Products and Online Services via its website, email or social media.
5.2 To place an order or schedule an appointment, the Consumer selects - as the case may be - the Product(s) and/or Services on the Website that he/she wishes to purchase. The Consumer fills in the requested data and checks its accuracy.
Orders for Products from the webshop and Online Services are made in the same way and, deviating from the Services, must be paid immediately. The Consumer is automatically redirected to the payment page via the order page after the Consumer has verified his/her order and data.
5.3 As soon as Curl Studio has received confirmation of payment, the Consumer will immediately receive an order confirmation by email at the email address provided by the Consumer.
5.4 CURL Studio undertakes to provide the Consumer with access to the purchased Online Service within forty-eight (48) hours of purchase, unless expressly communicated otherwise in the Offer.
5.5 Products are delivered within fourteen (14) calendar days after purchase.
Article 6. Price and payment terms
6.1 All prices are expressed in euros and include all taxes.
6.2 CURL Studio cannot be held to its Offer if the Consumer could reasonably understand that the Offer, or a part thereof, contains an obvious material error or mistake, such as an unrealistically high discount or unusually low asking price.
6.3 Any costs for the delivery of a Product are not included in the displayed price, but are calculated separately during the ordering process, taking into account the method and place of delivery, as well as the number of Products ordered.
The total price, including delivery costs and taxes, must be paid in full by the Consumer prior to the delivery of the Product.
6.4 At the moment the Consumer registers for an Online Service, the Consumer must pay the full price before access is granted to the Online Service.
Article 7. Duration, cancellation and termination of the agreement
7.1 The Agreement between CURL Studio and the Consumer is for a fixed term, unless expressly agreed otherwise in writing.
7.2 If the Consumer cannot keep his/her online booking appointment, he/she must inform CURL Studio of the cancellation in writing no later than two (2) calendar days prior to the scheduled appointment. In case of late cancellation, CURL Studio will be obliged to charge the full price to the Consumer.
7.3 If one of the Parties fails to materially fulfill its obligations and, after having been explicitly and in writing notified thereof by the other Party, fails to fulfill this obligation within fourteen (14) calendar days, the other Party is entitled to terminate the agreement without judicial intervention and without being liable for any compensation.
If the Consumer is the Party that fails to fulfill its obligations and CURL Studio terminates the cooperation for that reason, then the total balance of CURL Studio's invoice must be paid in full by the Consumer.
If CURL Studio fails to fulfill its obligations, the Consumer has the right to a refund of the price already paid, less the Services already rendered, or the Products already delivered, by CURL Studio.
Article 8. Right of withdrawal
8.1. In accordance with Article VI.47 of the Code of Economic Law, the Consumer who orders Products or Services at a distance from CURL Studio has a period of 14 calendar days from the day of delivery of the products or Services or notification that they are available at the agreed collection point, to inform CURL Studio that he/she wishes to cancel the purchase, without any compensation and without having to provide a reason. If this period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.
The right of withdrawal as mentioned in the previous paragraph does not apply to sealed Products, such as shampoos and hair products, which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
8.2 The Consumer can make his/her wish to cancel the purchase known by filling in the model withdrawal form attached as an appendix to these General Terms and Conditions or by email clearly indicating the wish to withdraw from the Agreement.
8.3 The Consumer must return the Products without undue delay, but in any event no later than 14 calendar days after the day on which he/she communicated the decision to withdraw from the Agreement, to CURL Studio.
8.4 If the returned Product is diminished in value in any way, CURL Studio reserves the right to hold the Consumer liable and claim compensation for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.5 Only the direct costs for returning the goods are for the account of the Consumer.
8.6 If the Consumer withdraws from the Agreement, CURL Studio will refund all payments received up to that point related to the returned Product, including the standard delivery costs, within a maximum of 14 calendar days after CURL Studio was informed by the Consumer of the decision to withdraw.
CURL Studio reserves the right to withhold reimbursement until it has received all returned products, or until the Consumer has demonstrated that the goods have been shipped to CURL Studio, whichever occurs first.
8.7 CURL Studio will refund the Consumer using the same means of payment and to the same bank account as used for the purchase and original transaction.
8.8 If the Consumer purchases an Online Service or Service whereby he/she immediately gains access to the purchased Online Service or whereby the Service will be delivered within the withdrawal period, the Consumer acknowledges, in accordance with Article VI. 53, 13° WER, to expressly lose his/her right of withdrawal because he/she wishes the performance or delivery to take place during the withdrawal period.
Article 9. Legal guarantee
- ONLINE SERVICES
9.1 CURL Studio is liable to the Consumer for defects of conformity in Online Services that become apparent within two years after delivery.
9.2 The Consumer is obliged to inform CURL Studio of this defect in writing and within a maximum period of two months from the day on which he/she discovered the defect, failing which his/her right to complain will be forfeited.
9.3 In the event of a lack of conformity within 1 year after the delivery of the Online Service, it is up to the Consumer to prove that the defect existed at the time of delivery.
9.4 The Consumer's legal claim lapses after 1 year from the day on which the lack of conformity was discovered.
9.5 In the event of a lack of conformity, the Consumer has the right to have the digital content or digital service brought into conformity (unless the chosen remedy is impossible or would entail disproportionate costs for CURL Studio compared to the other remedies), to receive a proportionate price reduction, or to terminate the Agreement in accordance with the conditions specified in Articles 1701/11 and 1701/12 O. BW.
- OTHER SERVICES AND PRODUCTS
9.6 In accordance with Articles 1641 to 1643 of the Old Civil Code, CURL Studio is obliged to guarantee the Products against hidden defects that render the products unsuitable for the use for which they are intended, or that so diminish this use that the Consumer, had he/she known of the defect, would not have bought the products or would have bought them only for a lower price.
9.7 In the event of a hidden defect, the Consumer must act within a short period, in accordance with Article 1648 of the Old Civil Code. The Consumer will have the choice to either return the product affected by a hidden defect for a full refund of the price, or to keep the product with a partial refund of the price.
9.8 In accordance with Article 1694quater of the Old Civil Code, the Consumer has a legal guarantee of 2 years for any lack of conformity that existed at the time of delivery of the Product and that occurs within a period of 2 years from this delivery. This guarantee consists of the repair or replacement of the defective Products, free of charge for the Consumer.
9.9 However, if repair or replacement proves impossible or disproportionate for CURL Studio or would cause a serious inconvenience to the Consumer, CURL Studio may propose an appropriate price reduction or a refund to the Consumer, provided the Consumer returns the defective products.
9.10 The Consumer is obliged to inform CURL Studio of this defect in writing and within a maximum period of two months from the day on which he/she discovered the defect, failing which his/her right to complain will be forfeited.
9.11 This guarantee cannot be applied if the defect is due to incorrect use, an external cause, poor maintenance, normal wear and tear or any use that is not in accordance with CURL Studio's instructions.
9.12 In case of damage, theft or loss of a product submitted for repair, CURL Studio's liability is at all times limited to the selling price of the Product.
Article 10. Suspension of the agreement
10.1 CURL Studio reserves the right to suspend all ongoing Services, including any Online Services, and to demand appropriate guarantees from the Consumer if there are demonstrable events that harm mutual trust and/or make the performance of the Agreement difficult and/or impossible, or if the Consumer fails to meet his or her payment obligations.
Article 11. Force majeure
11.1 Any force majeure situation releases the defaulting Party, which invokes the Force Majeure situation, from its liability for non-fulfillment of an obligation under the Agreement.
A Force Majeure situation for CURL Studio includes (but is not limited to): war, riot, strike, pandemic, epidemic, illness, quarantine measures, fire, government measures, storm, explosions, natural disasters, earthquakes, hacking, cyber attacks, no internet, technical defect on website or computer, incapacity for work of Nya Matheessens, ...
A Force Majeure situation for the Consumer includes (but is not limited to): war, riot, strike, pandemic, epidemic, fire, government measures, storm, explosions, natural disasters and earthquakes.
11.2 If a force majeure situation occurs, the defaulting Party will notify its counterparty in writing within ten (10) calendar days after the occurrence of the force majeure situation.
11.3 In that event, the obligations of the Parties shall be temporarily suspended until the force majeure situation has passed. During this (suspension) period, the Parties shall make all reasonable efforts to mitigate the effects of the force majeure situation and shall negotiate in good faith regarding the performance of their respective obligations under this Agreement. If the force majeure situation lasts longer than six (6) months, either Party may terminate the Agreement by registered letter, without any judicial intervention or the payment of compensation to the other Party being required.
Article 12. Confidentiality
12.1 Parties undertake to maintain the confidentiality of all confidential information and data acquired during the performance of the Agreement.
CURL Studio takes all possible precautions to protect the Consumer's interests.
12.2 The Parties are obliged not to disclose confidential information to third parties in any way unless with prior express written consent from the other Party or if they are legally obliged to do so.
Article 13. Intellectual property
13.1 By purchasing a Service, including an Online Service, the Consumer expressly accepts that all content of, inter alia – but not limited to – the consultation sessions, techniques used, material, schedules, examples, modules, images, text material, and videos (“Intellectual Property”) are the property of CURL Studio and are protected by intellectual property rights. The Consumer may therefore not distribute this Intellectual Property or commercialise it themselves, i.e., sell it to third parties.
13.2 The Consumer receives a personal and non-transferable user license to use the content of the Online Services or Services for personal purposes for the duration as agreed between the Parties.
13.3 These intellectual property rights include, but are not limited to, patent, copyright, trademark, design, or model rights and/or other intellectual property rights, such as patentable or non-patentable technical and/or commercial know-how, methods, and concepts.
Article 14. Liability
14.1 CURL Studio can only be held liable in case of fraud, deceit, serious and intentional fault (with the exception of the legal warranty as stipulated in article 9) of itself or its appointees.
14.2 The Agreement always contains best-effort obligations for CURL Studio, not result-based obligations. CURL Studio will, of course, do its utmost to deliver its Services correctly and to strive for the best result, but it cannot be held liable if the intended result was not achieved.
14.3 CURL Studio's liability is limited to direct damage, and CURL Studio is not liable for or obliged to compensate for immaterial, indirect, or consequential damage, including (but not limited to) an increase in general costs, or claims from third parties.
14.5 CURL Studio is not liable for damage, of whatever nature, due to incorrect or inaccurate data provided by the Consumer or the Consumer's failure to follow advice correctly and/or in a timely manner.
14.6 CURL Studio has taken out liability insurance; the maximum amount for which it can be held liable is limited to the price of the purchased Service or Product as stated in the Quote.
14.7 CURL Studio does not give any guarantee with regard to advice given on the Website, during a one-on-one consultation, or in the context of an Online Service (in short, during the delivery of a Service). The Consumer is solely responsible for implementing the advice or not. Moreover, the result is highly dependent on the Consumer's adherence to the given tips regarding the use of products or application of techniques. CURL Studio accepts no responsibility in this regard.
Article 15. Online Services
15.1 Access to online courses or Online Services is personal. Account access, account details, and login credentials may not be shared with third parties.
15.2 In case of suspicion of sharing account details with third parties, access to the account concerned will be blocked indefinitely, without CURL Studio owing the Consumer any compensation or payment.
15.3 If the Consumer acts in violation of these General Terms and Conditions, fails to meet his/her payment obligations, or otherwise acts unlawfully or causes damage to CURL Studio, CURL Studio is entitled to deny access to the account – whether temporarily or not – without owing the Consumer any compensation for this.
15.4 CURL Studio will always communicate for each purchased Online Service how long the relevant online Service remains available to the Consumer.
15.5 CURL Studio cannot be held liable if the online content or online course should be temporarily unavailable due to a technical defect or other malfunction.
15.6 The Consumer must at least have an email address and an internet connection, web browser, and an iPad or computer to access the Online Services.
Article 17. Data Protection Policy
17.1 CURL Studio is responsible for the processing of personal data, which will be carried out in accordance with the provisions of the General Data Protection Regulation and the Law of 30 July 2018 regarding the protection of natural persons with regard to the processing of personal data.
17.2 For more information, CURL Studio refers to its Privacy Policy, which can be consulted on the Website and forms an integral part of these General Terms and Conditions.
Article 18. Completeness and Nullity
18.1 These General Terms and Conditions constitute the entire agreement between the Consumer and CURL Studio and supersede any previous existing agreement and any previous oral or written agreement between the parties concerning the same subject matter.
18.2 If any provision (or part thereof) of the General Terms and Conditions should be unenforceable or contrary to a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these General Terms and Conditions, nor the validity and enforceability of that part of the relevant provision that is not unenforceable or contrary to a provision of mandatory law. In such a case, the Parties shall negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that aligns as closely as possible with the purpose and scope of the original provision.
Article 19. Applicable law and competent courts
19.1 Belgian law applies to all disputes related to or arising from the Agreement subject to these General Terms and Conditions. Only Belgian courts and tribunals have jurisdiction.
19.2 In the event of cross-border disputes, the Client can also rely on the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr. The email address to be provided when submitting the complaint is: hello@curlstudio.be.
Version March 2024
Download the model withdrawal form here.