General terms and conditions
1. General
1.1 In these conditions, "the skin therapist" means: Huid & laserkliniek Delft located in Delft, Estland 1, 2613 JX. The skin therapist is a member of the Dutch Association of Skin Therapists ("NVH") and work within the practice is carried out exclusively in accordance with the guidelines and quality standards of the NVH.
1.2 In these conditions, "client" means the person who orders the skin therapist to provide treatment.
1.3 In these conditions, 'client' also means the client's legal representative.
1.4 These conditions form part of every agreement between the client and the skin therapist.
1.5 These conditions also apply in cases where the skin therapist involves third parties for the execution of the order.
1.6 Open medical treatment agreement (pursuant to Book 7, Title 7, Section 5 of the Dutch Civil Code) between the skin therapist and the client is also subject to the Medical Treatment Agreement Act.
1.7 The effect of Article 7:404 and Article 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
2. Agreement
2.1 The agreement between the skin therapist and the client involves the patient's order to the skin therapist for treatment, medical or otherwise.
2.2 The skin therapist has an obligation of effort and not an obligation of result.
2.3 The skin therapist is entitled not to comply with an unreasonable request from the client and may refuse to carry out treatment.
3. Consent
3.1 The client gives consent to the skin therapist prior to the performance of the treatment.
3.2 The skin therapist may require the client to confirm his/her consent in writing.
3.3 The client's consent also includes the skin therapist's authority to engage auxiliary persons and to accept any limitation of liability of auxiliary persons on behalf of the client. The skin therapist is not liable for the choice of the auxiliary person and for any shortcomings of this auxiliary person, except in the case of intent or conscious recklessness of the skin therapist.
3.4 In the event that the client refuses or withdraws his consent, the skin therapist shall (no longer) provide treatment.
4. Information
The client must keep the skin therapist informed of all information necessary for the proper performance of the agreement.
5. Rates and health insurance
5.1 During the initial consultation, a price arrangement is made for the treatment. This will include the area to be treated and the duration.
5.2 The price agreement made is per treatment.
5.3 The skin therapist reserves the right to deviate from the price agreement made if the duration or the area to be treated is changed. This will then be discussed with the client prior to the treatment.
5.4 Unless explicitly otherwise agreed in writing, prices shall apply for the duration of the calendar year and may be adjusted annually.
5.5 It is the client's responsibility to ensure that he is aware of whether and to what extent his insurer will reimburse the treatment. Furthermore, it is the client's responsibility to declare invoices to his or her insurer or not.
5.6 If Huid & laserkliniek Delft submits the invoice electronically directly to the client's health insurer and it is subsequently (partially) rejected for whatever reason, the client will be sent the (residual) invoice at home and the client must then pay the relevant amount directly to Huid & laserkliniek Delft himself, within the payment period.
6. Payment
6.1 The client will receive the invoice immediately after the treatment and must pay it simultaneously in cash or by debit card.
6.2 Regardless of whether the invoice is reimbursed by the insurer, the client remains obliged to always pay the invoice in full and on time.
6.3 In the event that the client fails to pay the invoice on time and/or in full, he/she shall be in default. The skin therapist is then entitled to charge the client statutory interest on the invoice amount, or the remainder thereof. The skin therapist is also entitled to take collection measures. The costs related to collection (including extrajudicial costs and other costs) shall be borne by the client.
6.4 If payment is overdue, the skin therapist is authorised to suspend further treatment or to provide it only against cash payment, unless the amount of the payment arrears, the need for skin therapy treatment or urgency prevents this.
6.5 The payment obligation shall not be suspended because the client lodges a complaint against the skin therapist about the invoice and/or treatment unless the skin therapist agrees to the suspension of the payment obligation.
6.6 The payment obligation shall not lapse if the client terminates the agreement or requests the skin therapist to transfer the treatment to another person.
7. Cancellation
7.1 If the client is unable to attend an appointment, he/she must cancel with the skin therapist no later than twenty-four hours in advance.
7.2 If the patient fails to cancel or to do so in time, Huid & laserkliniek Delft will be obliged to charge part of the cost of the treatment.
7.3 Appointments may be cancelled by the client and/or contact person in person, by telephone or by e- mail. Cancellations will be registered by Huid & laserkliniek Delft as soon as the client telephones, leaves a voicemail or his/her e-mail message is received by the skin therapist (see also the contact details on www.huidenlaser.nl)
8. Liability
8.1 The liability of Huid & laserkliniek Delft, both for direct and consequential damage and to the extent covered by its liability insurance, shall be limited to the amount paid out by the insurer.
8.2 If the insurer does not pay out in any case, or the damage is not covered by the insurance, the liability of Huid & laserkliniek Delft is limited to the amount of the invoice.
8.3 Rights to compensation on account of liability expire after 1 year after the harmful event occurred.
8.4 Huid & laserkliniek Delft is not liable for any damage arising from the client's failure to provide complete and/or truthful information on the client's general health concerning circumstances that may affect treatment.
8.5 Huid & laserkliniek Delft cannot predict the exact number of treatments required by a client and cannot be held liable for this. The employees of Huid & laserkliniek Delft can only indicate the average number of treatments.
8.6 If a treatment fails or if the condition returns after a period of time, Huid & laserkliniek Delft is not responsible and cannot be held liable for this. Certain treatments may not produce the expected results in certain clients.
9. Complaints
9.1 If the client is dissatisfied or has a complaint about the skin therapist's treatment, the client should report this to Huid & laserkliniek Delft as soon as possible. The skin therapist and the client will then both make every effort to reach a solution.
9.2 If a solution proves impossible, the patient can apply to the NVH's internal complaints committee: the Patients' Advisory Committee ('PAC'). This committee will mediate between the skin therapist and the client.
9.3 If mediation by the PAC does not lead to a solution, the client can apply to the National Complaints Committee Paramedics First Line (www.paramedisch.org).
10. Nullity
If any provision of these terms and conditions is null and void or voidable, this shall not affect the validity of the remaining provisions.
11. Applicable law
The agreement concluded between the skin therapist and the client, and any further agreements concluded for the implementation thereof, shall be exclusively governed by Dutch law.
12. Amendments
12.1 The skin therapist reserves the right to always amend these conditions.
12.2 Amendments shall be notified to the client in writing or by e-mail and shall take effect one month after the date of the notification, unless otherwise stated in the notification. If the client does not object to the change in the terms and conditions with reasons within one month after the date of the announcement, the client is deemed to have accepted the change. If the client makes a reasoned objection to the change in the terms and conditions within one month of the date of the announcement, this shall constitute grounds for dissolution of the agreement.
Huid & Laser kliniek Delft
Estland 1
2613 JX Delft
+31 15 888 1311
www.huidenlaser.nl
Kvk: 76963047
BTW-nummer: NL125577904B02
