Article 1. General These general terms and conditions apply to all agreements regarding the delivery of goods and services of Acupuncture Kliniek Arnhem, hereinafter referred to as ‘the Practitioner’. It is only possible to deviate from the provisions of these general terms and conditions if an explicit written agreement has been reached between all parties involved. In these general terms and conditions, the following definitions apply: 1. the Practitioner: Acupuncture Clinic Arnhem. 2. the Client: the client, a natural or legal person who purchases goods or services from the Practitioner on the basis of an agreement. The applicability of any purchase or other conditions of the Client (principal) is expressly rejected. Where in these terms and conditions ‘complete treatment’ is referred to, this refers to the entirety of treatments that are performed with the aim of improving the Client’s original health complaints. If there is a lack of clarity about the interpretation of one or more provisions of these general terms and conditions or if a situation arises that is not regulated in these general terms and conditions, the explanation must be given ‘in the spirit’ of these provisions. If the Practitioner does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the Practitioner would to any extent lose the right to demand strict compliance with the provisions of these conditions in other cases . If at any time one or more provisions in these general terms and conditions are wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Practitioner and the Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account the purpose and intent of the original provisions as much as possible. Article 2. Conclusion of agreement This means that the Client has made an oral or written agreement with the Practitioner for a single or complete treatment. This appointment can also be made directly by the Client via the website in the agenda. The Practitioner will perform the appointment to the best of his knowledge and ability in accordance with the requirements of good workmanship and on the basis of the state of the art known at that time. The Practitioner is entitled to suspend his work if the Client does not provide security at his request for payment and other obligations arising from the agreement, without prejudice to the Client’s obligation to reimburse work already performed by the Practitioner and costs incurred. Article 3. Prices 3.1 The Client is deemed to know the rates charged by the Practitioner, as stated on the website and to agree to them. Payment must be made by pin transaction immediately after treatment, after which the Client will receive an invoice from the Practitioner.
3.2 The Practitioner is entitled to changes occurring after the agreement has been concluded in the cost price of the performance(s) owed by the Practitioner, as a result of increased labor and material costs, social security charges, government levies, exchange rates and other unforeseen circumstances not mentioned here. to the Client, insofar as this can be considered reasonable.
3.3 Every appointment, whether or not a treatment has taken place or which has not been canceled at least 24 hours in advance, will be charged to the Client. For appointments that are canceled less than 48 hours and more than 24 hours in advance, € 35 will be charged.
Article 4. Complaints and default 4.1 Complaints regarding the invoices regarding the ascription must be submitted in writing and must be received by the Practitioner within eight days of the invoice date, failing which complaints in this regard will no longer be accepted and the Client is deemed to have understood the contents of the invoice. agreed. The obligation to pay is not suspended by submitting a complaint.
4.2 If the Client fails to pay an invoice on time, the Client is legally in default. The Client will then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount owed.
4.3 If the Client is in default or fails to fulfill its obligations in a timely manner, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if the User has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.
4.4 In the event of an order for Healy programs, a purchase obligation applies to the Client for all ordered programs. Programs delivered by the Practitioner and put on the clients Healy cannot be returned after purchase as the Practitioner only has a one time excess to the client’s Healy for uploading the programs for direct use.
Article 5. Contract duration, execution period 5.1 The agreement is entered into for an indefinite period of time, unless the parties expressly agree otherwise in writing. 5.2 If a term has been agreed within the term of the agreement for the completion of certain activities, this is never a strict deadline. If the execution term is exceeded, the client must therefore give the Practitioner written notice of default.
Article 6. Confidentiality Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
Article 7. Liability 7.1 The Practitioner will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time. 7.2 The Client will at all times ensure that all data, which the Practitioner indicates are necessary (for example pregnancy or possible pregnancy) or which the Client should reasonably understand to be necessary for the performance of the treatment, is provided in a timely manner. be provided to the Practitioner. The Practitioner is not liable for damage, of whatever nature, caused by the Practitioner acting on incorrect and/or incomplete information provided by or on behalf of the Client. 7.3 The Practitioner can only be held liable for direct damage. If the Practitioner is held liable, that liability is limited as follows:
7.4 The Practitioner is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption. 7.5 The Practitioner is not liable for any unexpected side effects of the treatment of which there was insufficient reason to assume that these side effects could occur before starting the treatment. The Practitioner is also not liable for the absence of the intended effect during or after a treatment. 7.6 If the Practitioner is liable for any damage, the Practitioner’s liability is limited to a maximum of twice the invoice value of the treatment. The Practitioner’s liability is in any case always limited to the amount paid out by his insurer, where appropriate. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Practitioner. If certain parts of the Agreement are fulfilled by third parties (not employed by the practitioner), the Practitioner is not liable for these parts and for the actions of these third parties. Article 8. Applicable law and disputes (Zhong professional association) Dutch law applies to these General Terms and Conditions as well as to all matters to which these terms and conditions apply. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation. The court in the Practitioner’s place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Practitioner has the right to submit the dispute to the competent court according to the law and to summon the other party. Article 9. House rules within Acupuncture Clinic Arnhem Because it sometimes happens that several Clients are present at the same time at Acupuncture Kliniek Arnhem, the Practitioner has drawn up house rules to prevent incidents and confusion in order to create and maintain a safe and pleasant environment for Clients, any visitors and employees. 9.1 Clients must behave in accordance with generally applicable standards of decency and values. The Practitioner reserves the right to have persons displaying offensive behavior removed from the premises. 9.2 If you leave a coat or other belongings on the coat rack or in the waiting area, please pay attention to any valuables that are present in it. The Practitioner is never responsible for theft of property inside or outside the building. 9.3 If you use literature or other items in the waiting room, please put it back neatly when you leave the waiting room. 9.4 The procedure for treatment will be explained as much as possible prior to the treatment of the Client. If there are any objections, please indicate this immediately to the Practitioner. 9.5 The treatment generally takes place in a separate room in which only the Client and the therapist of the Practitioner will be present. If third parties, such as trainees on account of their studies and experience, are present during the treatment, the Client will be notified in advance. If the Client objects to this, this must be immediately communicated to the Practitioner when making the appointment. 9.6 The therapist of the Practitioner and any accompanying persons must behave respectfully towards the client and this is also expected of the Client towards the Practitioner. If situations arise that are not desired, another therapist will be deployed in consultation with the Client or the treatment should be terminated. 9.7 There is a duty of confidentiality regarding topics discussed with the client, these will be treated confidentially (see article 6). In case of consultation with other doctors or therapists, in the context of the progress of the treatment, the information will be treated as an independent case whereby the Client remains anonymous. Article 10. Location and change of conditions (Arnhem Chamber of Commerce) These conditions have been filed with the Chamber of Commerce in Arnhem. The most recently filed version or the version that applied at the time of the establishment of the legal relationship with the Practitioner is always applicable. These general terms and conditions are accessible to everyone on www.acupuncture.nl, the website of Acupuncture Kliniek Arnhem and are also included as an appendix to every quotation. In addition, a copy can be sent by post or email at the request of the Client.