Terms & Conditions

General Terms & Conditions for Acupuncture Practice 

 

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Practice Name: MTNeedle

Owner (member NVA): Alison Menzies

AGB code: 90068201

Location: Anna Paulownalaan 2,  5583 BE,  Waalre

PC/Place: Waalre

KvK number: 61158666

Date: 01-01-2021

 

Article 1. General

 

  1. These terms and conditions shall apply to all agreements on the supply of goods and services of MTNeedle, hereinafter referred to as “the Contractor”.

 

  1. Derogations from these terms and conditions may be made only if an express written agreement has been reached between all the parties concerned.

 

  1. For the time being, these terms and conditions mean the Client: the natural or legal person who purchases goods or services from the Contractor on the basis of an agreement.

 

  1. The applicability of any purchase or other conditions of the Client is rejected from print.

 

  1. Where these conditions speak of ‘full treatment’, this relates to the whole range of treatments that are carried out with the aim of countering the original health complaints of The Client.

 

  1. If there is no ambiguity as to the interpretation of one or more provisions of these terms and conditions or a situation which is not regulated by these terms and conditions, then the explanation should be made ‘in the spirit’ of these provisions.

 

  1. If the Contractor taker does not always require strict compliance with these conditions, this does not mean that its provisions do not apply, or that the Client would lose the right to require, in other cases, strict compliance with the provisions of thosevalues.

 

  1. If one or more provisions in the terms andconditions are at any time partially or completely annulled or could be destroyed, then it remains fully applicable in these terms and conditions. The Contractor and the Client will then enter into consultations with a view to agreeing new provisions to replace the nun or destroyed provisions, while respecting as far as possible the purpose and scope of the original provisions.

 

Article 2. Agreement

 

  1. This means that the Client has made an oral or written agreement with the Contractor for a single or complete hearing.

 

  1. The Contractor is entitled to suspend the work if, at his request, the Client does not provide a security for payment and other obligations arising from the contract, without prejudice to the company’s conduct to reimburse the work already carried out by the Contractor and costs incurred.

 

Article 3. Prices

 

  1. The Client is supposed to know and agree to the rates charged by the Contractor.

 

  1. Payment must be made within 14 days of invoice date, including the invoice number. (Or should be done immediately after the treatment has ended. In that case, indicate when proof of payment is made. An invoice is provided. )

 

  1. The Contractor shall be entitled to pass on changes in the cost of the performance(s) dueby the Contractor, in addition toincreased labour and material costs, social charges, government charges, foreign exchange rates and further unforeseen circumstances not mentioned here, to the extent that this can be considered reasonable.

 

  1. Any appointment, in which treatment has or has not been taken or which has not been cancelled at least 24 hours in advance, will be charged.

 

  1. Complaints concerning invoices and invoice prices must be submitted in writingand must be received by the Contractor within fivedaysof the invoice date,  in the case of which complaints in this area are no longer accepted and the client is deemed to have consented to the content of the invoice. The obligation to pay is not suspended by filing a complaint.

 

  1. If the Client defaults in the timely paymentof an invoice, then the Client is automatically in default. The Client then owes an interest rate of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the claim will be calculated from the moment the Client is absent until the time of  payment of the full amount due.

 

  1. If the Client is in default or in default in the (timely) fulfilment of his obligations, then all reasonable costs to obtain satisfaction loot and justice on behalf of the The extrajudicial  costs are calculated on the basis of what is customary in the Dutch collection practice.  However, if The Contractor has incurred higher collection costs that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be coured the Client. The Client is also liable for interest on the collection costs due.

 

  1. When ordering goods, there is a purchase obligation for the Client of all ordered goods. Goods delivered by the Contractor cannot be returned or exchanged regardless of the condition of the package.

 

Article 4. Liability

 

  1. The Contractor will execute the contract afterar best insight and ability and in accordance with the requirements of good craftsmanchap. This is based on the state of science known at the time.

 

  1. The Client shall ensurethat all information, which the Contractor indicates is necessary (e.g. pregnancy or possible  pregnancy) or that the Client should reasonably understand that these are necessary for the performance of the contract, are provided to the Contractor in good time. The Contractor is not liable for damages of any kind arising from the contractor’s assumption of incorrect and/or incomplete information provided by or on behalf of the Client.

 

  1. The Contractor is not subject to any unexpected adverse reactions to the treatment which, before starting treatment, was not sufficiently reason to believe that these adverse reactions might occur.

 

  1. The Contractor is also not liable for the absence of the intended effect during or after treatment.

 

  1. If the Contractor is liable for any damages, the contractor’s liability is limited to a maximum of twice the invoice value of the treatment. In any event, the contractor’scontraction is limited tothe amount of the payment of his insurer, where appropriate.

 

  1. The Contractor is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to remedy the defective performance of the Contractor. agreement, insofar as these can be attributed to the Contractor and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The Contractor is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.

 

  1. The limitations of liability contained in this Article do not apply if the damage is due to the contractor’s intention or gross negligence.

 

  1. If certain parts of the Agreement are fulfilled by third parties, the Contractor will not be liable for these parts and for thehands of those third parties.

 

Article 5. Processing of data (adapting to a practical situation)

 

  1. Under the GDPR, personal and medical data are recorded necessary for the performance of the treatment agreement (thebasis).

 

  1. The data will be kept for 15 years after the last treatment unless the Client himself, in writing, indicates that the data must be destroyed earlier.

 

  1. The Contractor is entitled to access, correction, deletion of its own data (data portability).

 

  1. The personal data is stored in a database with encryption. The database can be accessed with a password protection program. Computers on which this program is installed are also password protected.

 

  1. Treatment agreements are scanned and stored in an encryption folder.

 

  1. With parties who have access to the data, necessary to execute the agreement, a processor agreement as referred to under the GDPR has been concluded.

 

  1. All processed data and the purpose of the processing are fixed in a Processing Register as referred to under the GDPR. This can be seen on request.

 

Article 6. Applicable law and disputes

 

  1. Dutch law applies to these Terms and Conditions and all matters to which these conditions are in force.

 

  1. According to the Quality, Complaints and Litigation Act (Wkkgz), a Contractor is the first designated person to make an effort to resolve a conflict with a Client. There is a statutory period of up to 6 weeks. If you do not come out together or communication is no longer possible, the complaints officer of the Dutch Association for Acupuncture can be called in in this first period, to which the Contractor is affiliated. Where appropriate, the secretariat of the Dutch Association for Acupuncture may be contacted.

 

  1. In the event of a dispute between The Client and the Client over the treatment, the Client has thepossibility, after the intervention of the Complaints Officer, to file a complaint with the DISPUTE RESOLUTION AUTHORITY
    (Nb  If the contractor is employed, there may be a complaint officer and dispute body other than those mentioned above.)

 

  1. In the case of a dispute between Contractor and Client regarding the handling of personal and medical data, the Client has the possibility to file a complaint with the Dutch Data Protection Authority.

 

  1. The parties will only appeal to the court or supervisor after they have made every effort to settle a dispute by mutual agreement.

 

Article 7. Location and change conditions

 

  1. The latter version or version as applicable at the time of the establishment of the legal relationship with the Contractor shall apply.

 

 

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