Article 1. Definitions of terms
1. For the purposes of applying the provisions of or pursuant to these General Terms and Conditions, the following terms have the following meanings:
Kliniek voor Esthetische Geneeskunde, with its registered office at Keizersgracht 522 hs, 1017 EK Amsterdam, and its employees.
The person to whom actions (in the field of health promotion) are directly related. The person to whom Kliniek sells products.
Article 2. General
1. These General Terms and Conditions apply to each offer, quotation and agreement between Kliniek and a Patient, and also when performance involves third parties engaged by Kliniek.
2. Even if Kliniek does not always demand strict observance of these General Terms and Conditions, this does not mean that their provisions do not apply, or that Kliniek will lose any right to demand strict observance of the provisions of these General Terms and Conditions in other instances.
Article 3. Rights and obligations
1. The Patient is responsible for ensuring that all information indicated by Kliniek to be necessary or that the Patient should reasonably understand to be necessary for performance of the Agreement is provided to Kliniek in good time. Kliniek is not liable for damage, of any nature whatsoever, caused by Kliniek’s reliance on incorrect and/or incomplete information provided by the Patient.
2. The Patient must follow the advice of the care provider within reasonable limits.
3. The Dutch ‘Use of Citizen Service Number in Healthcare Act’ [Wet gebruik burger servicenummer in de zorg] obliges Kliniek to record the Patient’s CSN in its records and to use this number when exchanging data with other care providers and health insurers. The Patient must provide valid identity at the first appointment.
4. If the Patient has a complaint about treatment provided, the organisation or an employee’s conduct, details of Kliniek’s complaints procedure can be found at www.kveg.nl.
Article 4. Offers and quotations
1. Kliniek cannot be bound by its offers or quotations if the Patient can reasonably understand that the offers or quotations, or any part thereof, contain an obvious mistake or error in writing.
2. A compound quotation does not oblige Kliniek to carry out part of the order in return for payment of a proportionate share of the quoted price.
Article 5. Duration of the contract
1. The contract between Kliniek and the Patient will be entered into for an indefinite period, unless the nature of the contract dictates otherwise or the parties explicitly agree otherwise in writing. Any follow-up treatments and repeat treatments are also included in the contract.
2. A deadline agreed or quoted for performance of certain activities or for the delivery of certain items will never be a final deadline.
Article 6. Suspension, dissolution, change and early termination of the Contract
1. If, during performance of the contract, a change or supplement is found to be necessary for proper performance of the contract, the parties will jointly consult in good time on amending the contract. This may result in the originally agreed amount being increased or reduced or in the originally agreed period for performance being changed. The Patient accepts the possibility of a change in the contract and Kliniek is entitled not to perform the changed contract until the Patient has agreed to the change.
2. Kliniek may refuse a request to change the contract if, from a qualitative and/or quantitative viewpoint, this could have consequences for the activities to be carried out, for example, or for the items to be delivered in that context, without such refusal constituting a default.
3. Kliniek is entitled to suspend, dissolve or terminate the contract early if the nature of circumstances occurring is such that performance of the contract is impossible or that Kliniek cannot otherwise reasonably be required to maintain the unchanged contract.
4. If Kliniek proceeds to suspension, dissolution or early termination of the contract, it will not be liable in any way to compensate any resultant damage and costs.
5. If the dissolution is attributable to the Patient, Kliniek will be entitled to compensation of the damage, including any resultant costs arising directly or indirectly.
6. Cancellation costs will be charged if the Patient cancels an appointment in whole or in part less than 24 hours (or 72 hours for treatments of 3 hours or more) from the time that the appointment was due to take place. These costs will be calculated by multiplying the reserved time (in units of half an hour) by the fee for a consultation of half an hour. The standard time scheduled for an intake meeting is one hour.
Article 7. Force majeure
1. Kliniek is not required to fulfil any obligation towards the Patient if it is prevented from doing so by circumstances which are not attributable to fault, and for which Kliniek cannot be held liable in law, by a legal act or by generally accepted standards.
Article 8. Payment and collection charges
1. Payment must be made immediately after the treatment and/or delivery of a product, in a manner designated by Kliniek and in the currency stated in the invoice, unless stated otherwise by Kliniek in writing.
2. If the Patient fails to pay an invoice on time, the Patient will be considered to be in default by operation of law. The Patient will then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the latter will be due. The interest on the amount due will be charged from the date on which the Patient is in default until receipt of the full amount due.
3. If the Patient is in default or fails to fulfil obligations as they fall due, the Patient will bear all reasonable costs incurred to obtain payment in an out-of-court settlement. Any litigation and enforcement costs incurred will also be recovered from the Patient, who will also be liable for interest on the collection costs owed.
Article 9. Warranties, research and complaints, time limit
1. Items to be supplied by Kliniek will meet the usual requirements and standards that can reasonably be set at the time of delivery.
2. If the warranty given by Kliniek relates to an item produced by a third party, the warranty will be limited to the warranty provided by the producer of that item, unless stated otherwise.
3. Any form of warranty will expire if a defect arises from or as a result of misuse or improper use or use after the best-before date and/or incorrect storage by the Patient and/or by third parties.
4. Any visible defects must be reported to Kliniek in writing within seven days after delivery. Any invisible defects must be reported to Kliniek in writing immediately, and in any event no later than fourteen days after their discovery.
5. If an item is found to be defective and the complaint to that effect has been lodged in good time, Kliniek will replace the item or ensure repair thereof or pay the Patient alternative compensation in respect thereof. In the event of replacement the Patient must return the replaced item to Kliniek and grant Kliniek title to it, unless Kliniek specifies otherwise.
6. In derogation from the statutory time limits, the time limit for all claims on and defences against Kliniek and third parties engaged by Kliniek in performance of a contract is one year.
Article 10. Liability
1. If Kliniek is held liable, the extent of its liability will be limited to what is stated in this provision, with the exception of WGBO treatments [i.e. treatments carried out under the Dutch Medical Treatment Contracts Act]
2. Kliniek is not liable for damage, of any nature whatsoever, caused by Kliniek’s reliance on incorrect and/or incomplete information provided by or on behalf of the Patient.
3. Kliniek’s liability will in any event always be limited to the amount paid out, where applicable, by its insurer.
4. Kliniek will be liable only for direct damage.
5. Direct damage is understood to mean exclusively the reasonable costs needed to establish the cause and scope of the damage, insofar as this relates to damage as defined in these General Terms and Conditions, any reasonable costs incurred in order to allow Kliniek to remedy its defective performance of the contract, insofar as this can be attributed to Kliniek, and reasonable costs incurred in order to prevent or limit damage, insofar as the Patient demonstrates that these costs have resulted in limitation of direct damage as referred to in these General Terms and Conditions. Kliniek will never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption.
6. The limitations of liability included in this Article will not apply if the damage is due to intent or gross negligence on the part of Kliniek or its employees.
Article 11. Indemnification
1. The Patient will indemnify Kliniek against any claims of third parties who suffer damage in connection with performance of the contract and the cause of this damage is attributable to parties other than Kliniek.
2. If a third party claims any amount from Kliniek in this respect, the Patient must assist Kliniek, both in and out of court, and immediately do everything that may be expected of the Patient in that case. If the Patient fails to take adequate measures, Kliniek will be entitled to take such measures itself, without any notice of default being required. All resultant costs and damage suffered by Kliniek and third parties in this respect will be wholly for the risk and expense of the Patient.
Article 12. Intellectual property
1. Kliniek reserves the rights and powers to which it is entitled under the Copyright Act [Auteurswet] and any other intellectual property legislation and regulations. Kliniek is entitled to use the knowledge acquired through performance of a contract also for other purposes, insofar as strictly confidential information of the Patient is not made known to third parties.
Article 13. Applicable law and disputes
1. Dutch law governs all legal relationships to which Kliniek is a party, even if the party involved in the legal relationship is not domiciled in the Netherlands. The applicability of the Vienna Sales Convention is excluded.
2. The Amsterdam court has sole jurisdiction to hear disputes. Kliniek nonetheless has the right to submit any dispute to a court that has jurisdiction in law.
3. The parties will not seek recourse to the courts until they have done their utmost to settle a dispute through mutual consultation.
Article 14. Location and amendment of General Terms and Conditions
1. These General Terms and Conditions were filed with the Chamber of Commerce in Amsterdam on 29 October 2014.
2. The most recently filed version, or the version applicable at the time of establishing the legal relationship with Kliniek, will apply at all times.
3. In the event of any discrepancy between the Dutch original and a translation, the provisions of the Dutch text of the General Terms and Conditions will always prevail.