Terms and conditions

General terms and conditions of the private company "PRESCRIPTION B.V.", located at 1072 BD AMSTERDAM (The Netherlands) at Van Baerlestraat 122-2. These terms are effective from January 1, 2022, and have been filed with the Chamber of Commerce in Amsterdam under number: 77000463.

Article 1 Definitions

In these general terms and conditions, the following definitions apply:
GTC: These general delivery and payment terms and conditions, specifically their latest version as filed with the Chamber of Commerce in Amsterdam; The user: The private company "Prescription B.V.", located in Amsterdam.

The other party: Anyone who has accepted the applicability of these general terms and conditions in any way; Goods: Everything supplied and/or made available by the user to the other party; Complaints: All grievances of the other party regarding the quality and/or quantity of the delivered goods; Working days: Calendar days excluding Saturday, Sunday, and national holidays, unless otherwise specified.

Article 2 Applicability

1. These GTC apply to all offers made by the user to the other party and to all agreements built upon them, concerning the delivery of goods/products and/or services as well as the execution of work, however named and under whatever title, concluded between the user and the other parties.

2. Deviations from these terms are only valid if they have been expressly accepted in writing by the user.

3. By accepting the offer, placing orders and/or giving assignments, the other party waives its general - or other - terms and conditions and acknowledges to accept these present GTC of the user.

4. These GTC shall at all times prevail over any general terms and conditions of the other party. This is also the case if any terms of the other party contain a similar prevalence clause. Every agreement is entered into under the resolutive condition that these GTC apply.

Article 3 Offers

  1. All offers made by the user - in whatever form - including price lists, stock lists, etc., are entirely without obligation, even if they contain an explicit term for acceptance.

  2. The user's offers are based on the execution of the agreement under normal circumstances and during the user's usual opening hours, unless expressly agreed otherwise.

  3. After acceptance of an offer by the other party, the user has the right to revoke the offer immediately upon receipt of that acceptance. In such a case, no agreement has been concluded between the user and the other party.

Article 4 Acceptance

1. Agreements between the user and the other party are only concluded when an offer has been timely
accepted by the other party and has not been revoked by the user, or when an offer from the other party has been expressly accepted by the user. The express acceptance of an offer by the user can only be made by their written confirmation or by their commencement of the execution of the agreement.

2. Only the management of the user and, if applicable,
the persons who, according to the registration in the Commercial Register of the Chamber of Commerce, hold power of attorney on behalf of the user, have the authority to conclude binding agreements for the user.

Article 5 Prices

1. All stated prices are non-binding daily prices as applicable on the date of delivery, excluding taxes such as VAT applicable to the agreement and valid for delivery 'ex works' of the user. Obvious calculation errors in the stated prices can always be corrected by the user.

2. The user has the right to increase the agreed prices if and insofar as, after the conclusion of the agreement, one or more circumstances that formed the basis of the cost price calculated by the user have changed, even if such change(s) were foreseeable.

Article 6 Purchase and Cancellation

1. The other party is obliged to regularly order and purchase the user's products/goods. If the other party does not place an order with the user and purchase and pay for the ordered goods for a period of six months or longer, the user may waive the agreed territorial protection as stipulated in Article 20 of these GTC.

2. The other party undertakes to notify the user of any cancellation immediately in writing or by email. Upon receipt of the cancellation by the other party, the user and the other party will endeavor to reach a suitable alternative in mutual consultation to proceed with the execution of an agreement. If no suitable alternatives are possible, at the discretion of the user, cancellation costs will apply.

3. The user is also entitled to charge cancellation costs if, after the conclusion of the agreement, the user has become aware of circumstances that give reasonable grounds to fear that the other party will not or will not properly fulfill its obligations. In that case, the user is also entitled to dissolve the agreement, without the user being liable for any (damage) compensation to the other party.

Article 7 (de-)livery

  1. Stated delivery times are approximate and never constitute a strict deadline, unless explicitly agreed
    otherwise. In case of late delivery, the user must therefore be given written notice of default.

  2. The delivery time commences after the conclusion of the agreement, after the user has received all necessary data from the other party, after fulfillment of the necessary formalities and after receipt by the user of any agreed consideration.

  3. The delivery time is based on the working conditions known to the user at the time of concluding the agreement and on a normal supply of the necessary goods by third parties. If, through no fault of the user, delays arise due to a change in the aforementioned working conditions or due to late delivery of the aforementioned goods by third parties, the delivery time will be extended as necessary.

  4. Delivery is made 'ex works' of the user. During transport to the designated location of the other party, the goods travel at the risk of the other party. In that case, the goods are deemed to have been actually delivered if they have been offered to the other party.

  5. If the goods are not collected by the other party after the expiry of the agreed delivery period, the user will hold these goods at the disposal of the other party and store them at the expense and risk of the other party. This also applies if the goods are not delivered within the agreed delivery period due to force majeure on the part of the user.

  6. Exceeding the delivery time does not give the other party the right to dissolve the agreement, in whole or in part, except in cases of intent and gross negligence on the part of the user.

  7. Exceeding the delivery time does not entitle the other party to any compensation nor the right to perform or have performed work at the user's expense for the execution of the agreement without judicial authorization.

  8. The other party must communicate both its Chamber of Commerce and VAT numbers to the user.

Article 8 Complaints

1. The inspection and checking of the quantity, dimensions, weight, and any packaging of the delivered goods rests with the other party. If no complaint is made immediately upon receipt in this regard, the information stated on the waybills, delivery notes, or similar documents will be considered correct and complete.

2. All other complaints must be submitted in writing by the other party to the user as soon as possible, but no later than within five working days after receipt of the goods; failing which, the other party will be deemed to have accepted the delivered goods.

3. Goods already processed by the other party are deemed to have been accepted and approved.

Complaints do not give the other party the right to suspend payment of the undisputed part of the claim.

Article 9 Return shipment

  1. Delivered goods may only be returned by the other party to the user after written approval from the user.

  2. Return shipment is at the expense and risk of the user.

Article 10 Payment

  1. Payment for the delivered goods and/or performed work must be made within the agreed period, but no later than 30 days after the invoice date, without compensation.

  2. Invoicing is done in EURO.

  3. Only those payments made in the manner indicated by the user are valid.

  4. Payments made by the other party shall always serve to settle all accrued interest and costs and subsequently the oldest outstanding invoices, even if the other party states that the payment relates to a later invoice.

  5. In case of untimely payment, the other party shall be obliged, without having been given notice of default, to pay a compound interest of 1 1/4% per month or part of a month for each month or part thereof by which the payment term has been exceeded, in addition to the agreed sum. If, on December 31 of any year, any amount of interest has accrued, that amount shall be added to the principal sum and shall also accrue interest.


Article 11 Late payment


1. In addition to the amount due, increased by the interest due under these conditions, the user is entitled to claim from the other party all costs incurred by the non-payment or late payment by the other party, including both judicial and extrajudicial collection costs..

2. The user is obliged to send a written reminder for payment to the other party. A payment term of eight days shall be observed in this reminder.

3. If the other party fails to pay after the expiry of this period, the user is entitled to: charge extrajudicial collection costs in full to the other party with a minimum of € 200,-. The user is not obliged to demonstrate that he has incurred expenses for extrajudicial collection. To claim the amount due to him in court without any further reminder for payment.

4. If the user files for bankruptcy of the other party, the latter shall, in addition to the amount due and the judicial and/or extrajudicial costs incurred thereon, also be liable for the costs of the bankruptcy petition.

5. Due to the untimely fulfillment, the entire debt, including the non-matured part thereof, becomes immediately due and payable.

Article 12 - 1 Quality requirements for the other party regarding Prescription

1. The other party must have one or more physical locations where a professional, hygienic, and at least in accordance with applicable laws and regulations, including national quality standards, equipped beauty salon, spa/beauty center or training center is operated, this solely at the discretion of the user. Treatments using products and/or equipment from the user must exclusively be performed at the location(s); the sale of products from the user must be conducted from the location(s) or via a webshop, as agreed upon in article 15 of the GTC. The other party is expressly not permitted to use the equipment at another location.

2. The other party shall at all times, upon first request, enable the user to verify the provisions of the preceding paragraph.

3. In connection with the implementation of the preceding paragraphs, the other party must timely notify the user in writing of an intention to move or relocate its premises and receive written approval from the user for this (Article 15 of the GTC). In this case, the user also has the right to inspect the premises in advance. The foregoing applies to both physical locations and online locations (URLs).

4. The other party must be a fully qualified skin therapist or beautician, or employ at least one fully qualified skin therapist or beautician, who must be present at the other party's location(s) at all times during opening hours.

5. The other party and all skin therapists or beauticians employed by it are obliged to follow and successfully complete the training courses and (product) training sessions offered by the user.

6. The (product) training sessions must be repeated at least once every 36 months.

7. The user's products may only be applied, advised, prescribed, and sold by skin therapists or beauticians who have been specifically and sufficiently trained for this purpose and who have successfully completed the training.

Article 12 - 2 Service Options

  1. In cases of internet sales, the other party is obliged to explicitly offer the person to whom it sells the Prescription products the opportunity to obtain advice and/or service regarding (the use of) these products by telephone and/or e-mail. The other party is furthermore obliged to provide this advice and/or service without delay and in a proper manner.

  2. With regard to Prescription, the other party is obliged to explicitly and free of charge offer the person visiting its website/webshop the opportunity to have a 'smart skin consult' prepared by the other party at the other party's actual business address.

  3. In cases of internet sales, the other party is obliged to gather sufficient data from the person to whom it sells the Prescription products, such as name, address and telephone number and/or email address, so that the service and advice referred to in the previous paragraph can also be actively and physically offered at the nearest point of sale, and with a view to compliance with Articles 13 and 17 of the General Terms and Conditions. The other party is obliged to keep this data properly in its administration and to provide the user with access to it upon first request.

Article 12 - 3 Samples

1. If samples have been provided by or on behalf of the user, these shall never be binding for the quality, weight and dimensions, and shall only serve to establish the average quality.

2. Deviations from provided samples never give the other party cause or right to compensation or dissolution of the agreement. Unless otherwise agreed, the usual (trade) quality of goods, materials and raw materials shall be delivered.

Article 13 Administration and insurance obligation of the other party

1. The other party must be sufficiently insured for the risks of carrying out treatments and the use and sale of products originating from the user to its customers.

2. The other party must use the documents offered by the user in the manner indicated in the user's training, guidelines, and protocols.

3. The other party must have the aforementioned documents, insurance policy(ies) and other documents in its administration and provide the user with access to them in case of dispute.

Article 14 Publicity

  1. The other party is obliged to display the products obtained from the user in a representative manner in shop windows and sales areas. The other party must execute and support the user's advertising campaigns as efficiently as possible and to the best of its ability, according to the guidelines provided by the user. In this context, the user will make demonstration and advertising material, such as samples, testers, displays, and brochures, available to the other party. These materials remain the property of the user at all times, unless they have been delivered to the other party other than free of charge. After termination of the agreement or the trade relationship between the user and the other party, the other party must return the materials referred to in paragraph c to the user within two weeks after such termination or destroy them after written consent/instruction from the user.

  2. The user is the exclusive rights holder for the use of the trade names Prescription BV. The other party is prohibited, without prior express written consent from the user, from using the trade names Prescription BV in any way, other than in the sense of the preceding article. This includes, but is not limited to, the use of:

  3. Smart skin consult – Consultation quiz - Prescription Treatments – Personalized treatments – High Intensive Treatments - Personalized homecare.

  4. Violation by the other party of the prohibition stated above shall constitute an attributable failure to perform on the part of the other party within the meaning of Article 20 of the General Terms and Conditions.


Article 15 Adherence to agreed and/or communicated address

  1. Unless with prior written and explicit consent from the user, the other party is prohibited from selling, using for treatments, or using for other commercial purposes, the goods supplied by the user and/or originating from the user, at an address other than the address agreed upon with the user and/or at an address other than the address communicated by the other party to the user at the conclusion of the agreement.

  2. The address agreed upon with the user and thus communicated by the other party, as referred to in Article 15 sub a, means the address of the physical location, or the URL address of the online location or online platform where the commercial activities take place. Both must be stated in the agreement, and any changes must always be approved by the user.

  3. Violation by the other party of the prohibition stated above in Article 15 sub a and Article 15 sub b shall constitute an attributable failure to perform on the part of the other party within the meaning of Article 20 of these terms and conditions.


Article 16 Retention of Title

1. As long as the other party has not fully met all its obligations towards the user with regard to goods supplied or to be supplied by the user to the other party, related work, and claims due to shortcomings in the performance of the agreement(s), the supplied goods remain the property of the user.

2. Nevertheless, from the moment of delivery, the other party bears the risk of loss or damage to the goods, regardless of the cause, and/or for damage caused by these goods.

3. Without the user's knowledge, the other party is not authorized, other than in the course of its normal business operations, to pledge the goods to third parties or transfer ownership thereof before payment, and the user remains the owner thereof insofar as they have not been processed. In case of violation hereof, the purchase price shall become immediately and fully due and payable.

4. With regard to "equipment", without the user's knowledge, the other party is not authorized to pledge the goods to third parties or transfer ownership thereof. This is in connection with Article 12-1 of these General Terms and Conditions.

5. Without prejudice to the other rights accruing to him, the user is irrevocably authorized by the other party, if the latter fails to fulfil his payment obligations towards the user in whole or in part or on time, to repossess the goods delivered by him without any notice of default or judicial intervention, or, if they are mounted on movable or immovable property, to dismantle and repossess them, at the user's discretion.

6. Upon repossession of goods by the user, the user will credit the repossessed goods based on their value at the time of repossession.


Article 17 Prohibition of Resale

  1. The other party is prohibited, without prior written and explicit consent from the user, from reselling and delivering, donating or otherwise transferring the goods supplied by the user and/or originating from the user, to third parties who act in the exercise of a profession or business or who for other reasons cannot be qualified as consumers, this being at the sole discretion of the user.

  2. Violation by the other party of the prohibition stated in Article 17 sub a. shall also constitute an attributable failure to perform on the part of the other party within the meaning of Article 20 of these terms and conditions.

Article 18 Force Majeure

  1. If the performance of the agreement is prevented or becomes extremely difficult due to force majeure, the user has the right to demand that the agreement be adapted to the circumstances, or to dissolve the agreement, or to suspend the performance of the agreement for the duration of the impediment.

  2. Force majeure in these General Terms and Conditions means any circumstance or event not attributable to the user, whereby the fulfillment of an obligation of the user is wholly or partially prevented or on the basis of which fulfillment cannot reasonably be demanded.

  3. Force majeure in these terms and conditions shall in any case include war, threat of war, riot, civil commotion, fire, water damage, natural disaster, flood and other impeding weather conditions, traffic obstructions, illness of personnel, strike, factory occupation, lockout, import and export restrictions, government measures, machine breakdown, disruptions in the supply of energy, business disruptions and force majeure of suppliers, as well as the case that the user is unable to fulfill its obligations under the agreement with the other party due to its own supplier(s).

  4. The other party can never derive any right to compensation from the dissolution, amendment, and/or suspension of the performance of the agreement due to force majeure.

  5. Suspension, modification or dissolution of the agreement on the grounds of force majeure does not relieve the other party of the obligation to pay for what has been delivered and/or performed at the moment the force majeure situation arises.

Article 19 Guarantees and Limitation of Liability

1. The user accepts no further liabilities and gives no further guarantees for the performance of its obligation than explicitly promised by the user in writing at the conclusion of the agreement, or as inextricably linked to these General Terms and Conditions in warranty conditions for "equipment".

2. The user never accepts responsibility or liability for matters manufactured according to instructions from the other party or third parties.

3. The user is not liable to the other party and/or third parties for any direct or indirect damage arising from or related to the performance of the obligation, except in cases of intent or gross negligence and the provisions stated above.

4. The above limitation of the user's liability applies equally to the user's employees and to third parties used by the user in the performance of the obligation.

5. Notwithstanding the provisions of the preceding paragraphs, any liability of the user, its personnel and/or third parties used by it shall always be limited to a maximum of the invoice amount pertaining to the relevant agreement, insofar as this invoice amount has already been paid by the other party to the user.

6. If the user, its personnel and/or third parties used by the user are held liable by third parties in this regard, the other party shall fully indemnify the user, respectively its personnel and third parties used by it, and reimburse them for all that they must pay to third parties.

Article 20 Non-performance by the other party

1. If the other party has not fulfilled, not fulfilled on time, or not properly fulfilled the obligations arising from this agreement, as well as in the event of bankruptcy or suspension of payment of the other party or cessation or liquidation of its business, the other party shall be deemed to be in default by operation of law, and the user is entitled, without any further notice of default or judicial intervention, at the user's option, to:

- dissolve the agreement in whole or in part or declare it dissolved without the user being obliged to any compensation, guarantee, or otherwise, and/or- suspend the performance of its obligations towards the other party. All this without prejudice to the user's right to compensation from the other party for damages, (extrajudicial) costs, and interest.

Article 21 Applicable law and dispute resolution

  1. Dutch law applies to all agreements between the user and the other party.

  2. All disputes between parties shall be heard by the ordinary court of the user's domicile/place of business, unless mandatory law prescribes a different court.

Article 22 Evidence and validity

  1. With regard to the (monetary) scope of the obligations arising from the agreement(s) between the user and the other party, the administrative data of the user shall be decisive, unless proven otherwise.

  2. If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions shall remain in full force and effect and the user and the other party shall consult with each other to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and intent of the null and void or annulled provision shall be taken into account as much as possible.

Article 23 Entry into force

These General Terms and Conditions will enter into force on January 1, 2022.

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