General terms and conditions

Article 1 Definitions
1. In these General Terms and Conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Knipklok: Knipklok is a trade name of Sinasoft and registered at the Chamber of Commerce under number 62690876. Knipklok is a company with a website where Barbers can register and where users can book an appointment with a Barber of their choice. Knipklok acts as an intermediary, bringing supply and demand together. Knipklok is the service provider that makes the use of its Website available to both the potential customer (the User) and the provider (the Barber).
Agreement: Any Agreement concluded between Knipklok and the User, aimed at providing services.
User: The person who has accepted the validity of these General Terms and Conditions and who has commissioned the provision of the Service. The User is the natural person, not acting in the course of a profession or business, who uses the Website to book an Appointment.
Service: All activities, in whatever form, that Knipklok has performed for or on behalf of the User. The Services of Knipklok consist of making its website available to Users, facilitating the conclusion of the Agreement between the User and the Barber and forwarding the Appointments to the Barbers.
Offer: The Barber's Offer to a User.
Appointment: The Appointment that a User has booked with the Barber via the Website, based on the offer offered by the Barber.
Website: The Website (the platform) and/or the (mobile) application of Knipklok on which Knipklok brings supply and demand together: www.Knipklok.nl or www.Knipklok.be. In addition to the Knipklok Website, there is also a (mobile) application that offers similar functionality. In these General Terms and Conditions “Website” also includes the (mobile) application.
Article 2 Applicability of General Terms and Conditions
1. In these General Terms and Conditions, the following terms are used in the following meaning, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Knipklok: Knipklok is a trade name of Sinasoft and registered at the Chamber of Commerce under number 62690876. Knipklok is a company with a website where Barbers can register and where users can book an appointment with a Barber of their choice. Knipklok acts as an intermediary, bringing supply and demand together. Knipklok is the service provider that makes the use of its Website available to both the potential customer (the User) and the provider (the Barber).
Agreement: Any Agreement concluded between Knipklok and the User, aimed at providing services.
User: The person who has accepted the validity of these General Terms and Conditions and who has commissioned the provision of the Service. The User is the natural person, not acting in the course of a profession or business, who uses the Website to book an Appointment.
Barber: A natural person (consumer) not acting in the exercise of a profession or business, or a legal entity (company) acting in the exercise of a profession or business, who uses the Website to offer his/her Services.
Service: All activities, in whatever form, that Knipklok has performed for or on behalf of the User. The Services of Knipklok consist of making its website available to Users, facilitating the conclusion of the Agreement between the User and the Barber and forwarding the Appointments to the Barbers.
Offer: The Barber's Offer to a User.
Appointment: The Appointment that a User has booked with the Barber via the Website, based on the offer offered by the Barber.
Website: The Website (the platform) and/or the (mobile) application of Knipklok on which Knipklok brings supply and demand together: www.Knipklok.nl or www.Knipklok.be. In addition to the Knipklok Website, there is also a (mobile) application that offers similar functionality. In these General Terms and Conditions “Website” also includes the (mobile) application.
Article 3 Offer of the Barber
1. The Offer of the Barber (s) is published by Knipklok on the Website, based on the information provided by the Barber. Knipklok is not liable for the content and validity of the Offer and/or information about the Barber on the Website.
2. By accepting these General Terms and Conditions, the User is aware of the content of the Offer as well as of his / her rights and obligations associated with accepting the Offer by booking and/or paying the Agreement.
3. Knipklok acts solely as an intermediary for the Agreement between the User and the Barber and will not become a party to that Agreement.
Article 4 Realization of an agreement with a Barber (the Appointment)
1. The Agreement is concluded once the User confirms the Appointment during the booking process on the Website.
2. Knipklok will send an electronic confirmation of the Appointment made to the User at the e-mail provided by the User.
3. The agreement can only be performed by the Barber if the User has provided his / her contact and name and address details completely and correctly when planning the Appointment. The User is obliged to immediately report errors in the stated payment details to Knipklok or the Barber when they are discovered.
4. By booking an Appointment, the User immediately enters into an Agreement with the Barber for the execution of the Offer as chosen by the User. Unless otherwise agreed with the Barber concerned, the User is bound by the Appointment and is not entitled to a refund of any payments already made, unless otherwise agreed with the Barber.
Article 5 Cancellation or amendment of the agreement with Barber
1. Unless otherwise agreed, a User may cancel the Appointment with a Barber up to 24 hours before the scheduled time. Knipklok will pass on the confirmation of the cancellation of the Appointment to the User. Reimbursement can only be made to the same account as the account with which the User paid the Appointment. In case of cancellation, Knipklok will charge cancellation fees to the User due to costs incurred for the refund process.
2. The Barber has the right to cancel the Appointment if the User has not provided his / her details completely and/or correctly.
3. Knipklok has the right to refuse an Appointment or cancel an agreement on behalf of the Barber if Knipklok suspects that the account of User / authenticity of the Appointment has been misused. In case of abuse, Knipklok will also report to the police.
4. Money already paid will be refunded by Knipklok as soon as possible to the same account as the account with which the User paid the Appointment.
5. If the User changes the Appointment with the Barber to a cheaper or more expensive Appointment, an additional payment or refund must be made. This additional payment or refund will incur additional costs, which will be charged to the User. The amount of these additional costs depends on the payment method and will be communicated to the User after cancellation.
Article 6 Payment
1. When the Appointment is finalized by the User, the User is obliged to pay the Barber for the Appointment, in accordance with the hairdressing services chosen by the User. The User can pay the Appointment via the Website or pay at the location of the Barber.
2. Knipklok is authorized to receive the (online) payment from the User on behalf of the Barber.
Article 7 Use of the Website
1. The User has an independent responsibility for the use of the Website. The User is at all times obliged to adhere to the previous and following rules while using the Website.
2. The User is forbidden to copy and/or otherwise reproduce, disclose or change the (content) of the Website without prior written permission from Knipklok.
3. The User is prohibited from infringing the copyrights and intellectual property rights of Knipklok, as well as the good name of Knipklok. All copyrights and intellectual property rights arising from the activities of Knipklok (including: the Website), including - but not limited to - the graphic designs, ideas and the like, rest exclusively with Knipklok and are expressly not transferred to the User.
4. The User shall ensure that all data, which Knipklok indicates is necessary or which the User should reasonably understand to be necessary for the access and/or use of the Website, is provided to Knipklok.
5. Knipklok is not liable for damage, of whatever nature, that has arisen because Knipklok assumed incorrect and/or incomplete information provided by the User, unless Knipklok was aware of this incorrectness or incompleteness.
6. The User is at all times responsible for all data and information that he / she places on the Website or in his account. If the User suspects that the information provided by him / her is incorrect or incomplete, the User will inform Knipklok without delay and the correct information will still be sent. The User must keep his / her data up-to-date and can therefore adjust his / her data in his / her own account.
7. The User is obliged to respect all technical protections and other facilities of the Knipklok Website, as well as the intellectual property rights resting thereon.
8. The User must refrain from:
- Publishing and distributing data via the Knipklok Website, in violation of Dutch laws and regulations, including in any case: data published without the permission of the copyright or intellectual property owner, defamatory information, information that offends, discriminates, threatens , information that is racist and/or hateful in nature and information that contains child or otherwise punishable pornography, information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (which lead to such information refers to websites of third parties), loans, lotteries and/or gambling (gambling), drugs as well as all other types of content that can damage the internet or e-mail traffic of third parties.
- The start-up and/or downloading, whether or not via the Website itself, of processes or programs of which the User knows, should know or can reasonably suspect that this will hinder or damage Knipklok or third parties.
9. Knipklok is not liable for damage caused by complications related to the availability or functioning of information from third parties, as well as damage resulting from use of the Website in violation of conditions or other purposes than for which the Website is intended.
Article 8 Availability of the Website
1. Knipklok does its best to inform the User as well and completely as possible about the services of Barbers, but cannot guarantee that the Services will always meet the previously raised expectations of the User. Knipklok makes every effort to offer (the access to) the Website, as far as possible, uninterrupted to the User, but does not guarantee the full availability of the Website at all times. Knipklok is entitled to suspend the use of the Website if and insofar as in its opinion there is a danger of the Website functioning without errors. Knipklok is furthermore entitled to take all measures it deems reasonably necessary to ensure the effective functioning of the Website.
2. Knipklok only offers the use of the Website. Knipklok is in no way involved in the realization of an agreement between the Users and the Barbers and the implementation thereof.
3. Knipklok is not responsible for and/or has no influence on the delivery of the hairdressing services offered by the Barbers. All information and numbers displayed on the Website are subject to spelling or typing errors. Knipklok is not liable (for any damage) if the services of the Barber do not meet the expectations of the User.
Article 9 Notice and Takedown
1. In the event of (possible) criminal acts, Knipklok is entitled to report this and to hand over the information provided by the User to the competent authorities, as well as to perform all acts that are required of it in the context of the investigation. Knipklok reserves the right to deny the User access to the Website and/or to terminate the use of the Website.
2. In addition to the obligations arising from the law, any damages caused by inexpertness or failure to act in accordance with the provisions of these General Terms and Conditions is at the User's expense and risk.
3. The User is responsible for the proper security of the (mobile) device on which he / she uses the Website, as well as for securing and secrecy of his / her own login details.
4. If and insofar as there is a violation of the rights of Knipklok or third parties and/or unlawful actions by the User, Knipklok is also entitled to delete the User's account or to impose restrictions on the use of User's account. Knipklok will immediately remove any infringing / harmful information. Under no circumstances is Knipklok liable for the damage suffered by the User, of whatever nature as a result of the User's actions.
5. If Knipklok finds that the User is misusing his / her account, in the broadest sense of the word, Knipklok will delete and/or block the User's account.
Article 10 Limitation of Liability
1. Knipklok is not liable if it is unable to fulfill its obligations as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is hindered to do so as a result of a circumstance that is not due to its fault, and is not responsible for it by law, legal act or prevailing opinion. Force majeure is understood to mean in any case, but is not limited to what is understood in these General Conditions, the law and case law, (i) force majeure of suppliers of Knipklok, (ii) failure to properly meet obligations of suppliers, ( iii) inadequacy of third-party items, equipment, software or materials, (iv) government measures, (v) power outages, (vi) internet outages.
2. If and insofar as any statutory provision does not preclude this, Knipklok excludes all liability for damage suffered by the User on the basis of (i) the use of the Services of Knipklok, (ii) purchase of hairdressing services from Barbers via the Website, (iii) the Website is not or not fully or securely available, (iv) changes in, to or on the Knipklok Website or Services and (v) any incorrect and/or incomplete information on the Website.
3. Knipklok excludes all consequential damage. This also includes all indirect damage, trading loss, loss of profit and/or loss, lost savings, damage due to business stagnation, capital losses, delay damage, interest damage and intangible damage.
4. If and insofar as Knipklok appears to be liable, its liability is limited to a maximum amount of 250 euros.
Article 11 Indemnification and limitation period
1. The User indemnifies Knipklok against claims from third parties with regard to the damage suffered by them on the basis of (i) the use of the services of the Barber, purchased via the Website, (ii) the use of Services of Knipklok, (iii ) the unlawful content of the Offer and/or the hairdressing services provided by the Barber and (iv) the conclusion of an agreement with the Barber on the basis of an Offer.
2. All claims by the User for failure on the part of Knipklok will lapse if they have not been reported to Knipklok in writing and with reasons, within six months after the User was known or could reasonably be aware of the facts on which it bases its claims. One year after termination of the Agreement between Knipklok and the Barber, the liability of Knipklok expires.
Article 12 Processing of personal data and privacy
1. Knipklok acts in accordance with current privacy laws and regulations. With regard to the processing of personal data by Knipklok, it has drawn up a Privacy Statement, which can be consulted on its website.
2. Knipklok handles the (personal) data of the User with care. Knipklok will not store the personal data longer than necessary.
3. Processing of personal data will only take place in the context of the performance of the Services of Knipklok. Knipklok will not process the personal data for any other purpose.
Article 13 Complaints
1. If a User is not satisfied with the Services of Knipklok, the User has the right to file a complaint about this. The User is obliged to report these complaints as soon as possible, but no later than 7 days after the relevant reason that led to the complaint. Complaints can be reported in writing via info (@) Knipklok.nl with the subject “Complaint and User”.”.
2. The complaint must be sufficiently substantiated and/or explained by the User before Knipklok will handle the complaint. If the complaint is insufficiently substantiated and/or explained, Knipklok will inform the User that the complaint is insufficiently substantiated and/or explained and Knipklok will not respond to the complaint.
3. Knipklok will respond to the complaint as soon as possible, but no later than within 7 days after receipt of the complaint.
4. Parties will try to find a solution together.
Article 14 Changes to the General Terms and Conditions
1. Knipklok is free to adjust (parts of the) Website, as well as the content of its Services.
2. Changes will also apply to already concluded Agreements.
3. Knipklok will notify the User by e-mail of changes, if it deems this necessary.
Article 15 Applicable law and disputes
1. All legal relationships to which Knipklok is a party are exclusively governed by Dutch law. This also applies if an obligation is performed in whole or in part abroad or if the User is domiciled abroad.
2. All disputes arising from or related to the Agreement between Knipklok and the User, or through the use of the Website, shall be settled by the competent court in Rotterdam, Dordrecht location, unless mandatory law dictates otherwise.
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