General terms and conditions

These General Terms and Conditions (GTC) apply to all (advertising) expressions, services, products and materials of One Day Clinic (ODC) and all related (whether or not exempted) doctors and cosmetic consultants. When specific agreements are made, such as treatment agreements with clients, these GTC are deemed to be part of them.

(ODC) has its registered office at Spuistraat 239 in (1012 VP) Amsterdam and is listed in the trade register of the Chamber of Commerce under number 62798693.
Article 1 - Definitions
In these GTC the following terms shall have the following meanings;

1. Doctors and or nurses (ODC) in Amsterdam who work as doctors or nurses and conclude the treatment agreement with the client.
2. Client: the person who, for him/herself or for a certain third party, enters into a treatment agreement with the doctor or nurse.

3. Services: all services to be provided by doctors and/or nurses, including but not limited to treatment, treatment methods, courses, information, presentations, sale and promotion of products and advice.
Products: Products used and supplied by (ODC).
5. Client: The person or individual to be diagnosed or treated, for whom a treatment is carried out on the basis of an assignment from a client. This can be, but does not always have to be, the same person as the client.
6. Treatment agreement: these general terms and conditions apply to the
Treatment agreement: These general terms and conditions are applicable to the realisation and execution of all agreements in the medical and external care sector between the entrepreneur and the consumer.
7. Disputes committees: www.anbos.nl

Article 2 - General

1. These General Terms and Conditions apply to the realisation and execution of all agreements in the Sexual Health Care and Beauty Care sector between the doctor and nurses and the consumer.
2. For the execution of the service, Doctors and Nurses can involve third parties, which he can select and contract, if a proper execution of the agreement requires this. Prior permission of the client is not required for this.
3. The present conditions are also applicable to all agreements with the client, for the execution of which Artsen en of Nursekundigen needs to involve third parties.
4. The present conditions are applicable to every offer and agreement between doctors and nurses and the client. Deviation from these conditions is only possible after written agreement.
5. Deviations from these GTC are only valid if laid down in writing in an agreement to that effect between the care provider and the client.
6. The doctor and/or nurse shall ensure that the deviations are recorded and shall provide the client or the customer with a copy thereof.
7. The client waives the applicability of his or her General Terms and Conditions in so far as these are applicable.
8. The applicability of any purchase or other conditions of client is explicitly rejected.
9. If one or more stipulations in these conditions are null and void or should be annulled, the other stipulations of these conditions will remain fully applicable. Doctors and/or nurses and client will then consult to agree on new provisions to replace the void or annulled provisions, whereby the purpose and meaning of the original provision will be taken into account.
10. If there is any lack of clarity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation should be in the spirit of these provisions.
11. If a situation arises between the parties that has not been provided for in these terms and conditions, this situation should be assessed in the spirit of these terms and conditions.
12. ODC will take measures that are reasonably possible to prevent damage to or loss of the patient's property.
13. The client himself has to take the necessary care to prevent
The client himself must take the necessary care to prevent damage to or loss of his property.
14. ODC accepts no liability for damage to or loss of the property of clients. This also applies to property left behind.

Article 3 - Prior authorisation

1. The client's consent shall be required for any transaction in execution of a treatment agreement.
2. If the client so requests, the caregiver shall record in writing the operations for which he has received consent and shall provide the patient with a copy.
3. If the client is younger than 12 years of age, his consent is not required but the consent of the parents who have authority over him or of his guardian.
4. If the client is 12 years of age or older but younger than 16, the consent of the parents with custody of the client or his guardian shall be required in addition to the client's consent. The operation may only be performed without this consent if it is clearly necessary to prevent serious harm to the client or if the client continues to have a well-considered desire for the operation after consent has been refused.

Article 4 - The treatment agreement

1. The treatment agreement is concluded when the client orders the doctor and nurses to carry out medical or cosmetic treatment.
2. Before entering into the treatment agreement, the client must have reached the age of 18, regardless of the client's age.
3. The client shall be liable for the obligations arising from the treatment agreement entered into by him.
Before entering into the treatment agreement, the client and/or the client will be informed verbally and, if desired, in writing by the counsellor, about
a. the intake procedure
b. the (intended) results and (possible) consequences of the treatment
c. alternatives for the treatment
d. the price of the treatment, the options regarding insurance and the time(s) and manner of payment;
e. the time(s) and location(s) of the treatment
f. the reflection period, in order to be able to arrive at a well-considered decision
g. the actions to be taken after entering into the treatment agreement;
h. if applicable: which care provider will actually carry out the treatment or will assist in carrying out the treatment; i. the duration of the treatment agreement; ii. the duration of the treatment.
will carry out the treatment or be involved in the execution of the treatment agreement;
i. the information/instructions for the client to follow prior to the treatment;
j. the instructions for supervision, reception, transport and accessibility*;
k. the instructions for the client before and after the treatment, including symptoms the client should contact and details of the person the client should contact*;
l. the accessibility of the organisation if complications arise outside working hours
m. these GTC, which will be provided to the client immediately during the intake procedure or in any case before the start of the first treatment. At the client's request, the GTC may also be provided to him or her at any other time prior to the first treatment.
n. By commencing treatment, the Client declares to have read these GTC and to agree with everything they contain.
5. At the time of the intake, the client is obliged to provide the name and
At the time of intake, the client is obliged to provide the name and contact details of a contact person.

Article 5 - Offers

1. All our offers and quotations (including attachments, documentation, illustrations, etc.) are made verbally or in writing and are without obligation, unless they contain a period for acceptance, in which case the offer lapses after this period.
Offers cannot be combined with loyalty programmes or other discount programmes or actions.

Article 6 - Implementation of the Agreement

1. Arts en verpleegkundigen will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of a good contractor.
2. The Client shall ensure that all data which Arts and Nurses indicates are necessary, or which the Client should reasonably understand are necessary for the execution of the agreement, are provided to Arts and Nurses in a timely manner. If the information required for the execution of the agreement is not provided in time, doctor and nurses has the right to suspend the execution of the agreement and/or to charge the Client for the extra costs resulting from the delay in accordance with the usual rates.
3. The information mentioned in two also includes the presentation of a valid identity document. At ODC's first request, each Customer must be able to identify himself by means of a legally recognised identity document. If a client is unable to show such proof of identity upon request, ODC is entitled to suspend the treatment agreement.
4. Arts en verpleegkundigen is not liable for any damage, in whatever form, arising from incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been known to Arts en verpleegkundigen.
5. If the agreement contains the obligation for the client to provide certain data, either printed or written or provided in any other way, Arts and Nurses will accept these data exclusively for internal use. Arts en nurskundigen will treat such data as strictly confidential and will never disclose them, wholly or partially, to anyone other than the person to whom the data pertain nor use them as evidence in any (legal) procedure. The data may not be copied or reproduced in any other way, neither in whole nor in part.
6. The Client, who is not also the client, is obliged to ensure that the storage and use of the reports produced by the doctor and nurses is in accordance with the government regulations applicable at any time.
7. If, due to circumstances not attributable to the doctor and nurses, a planned assignment resulting from the agreement cannot be carried out, the client will still owe the entrepreneur the associated costs.
8. If the Client provides information carriers, electronic files or software etc. to arts and nurses, the Client guarantees that these are free of viruses and/or defects.

Article 7 - Fulfilment of the agreement, suspension and dissolution

1. The agreed services to be provided are deemed to be suspended, as soon as and as long as the client is in default with the payment of any amount due, with the continuous provision of up-to-date data, or as long as the doctor and nurses is prevented by force majeure from fulfilling its obligations, without the client being able to claim any right to compensation for damage, costs and/or interest on account of this.
2. Exceeding the agreed term within which Arts and Nurses must have performed the agreed services will never entitle the Client to compensation for damages, dissolution of the agreement or non-fulfilment of any obligation, in the case of force majeure and/or in the event that it has been explicitly agreed otherwise.
3. Arts en verpleegkundigen is authorised to suspend the fulfilment of the obligations or to dissolve the agreement without notice of default if:
a. The client fails to fulfil or fully fulfil the obligations under the agreement.
b. After the conclusion of the agreement, circumstances become known to Arts and Nurses, which give good reason to fear that the client will not, or will not fully, fulfil his obligations. In the event that there are good grounds to fear that the client will not or only partially fulfil his obligations, suspension is only permitted insofar as the shortcoming justifies such action.
c. When concluding the agreement, client was requested to provide security for the fulfilment of his obligations arising from the agreement and this security is not provided or is insufficient.
4. Furthermore, the entrepreneur is authorised to terminate the agreement or have it terminated if circumstances arise of such a nature that fulfilment of the obligations becomes impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in accordance with the requirements of reasonableness and fairness.
5. If the agreement is dissolved, the claims of the entrepreneur on the client shall be immediately due and payable. If ODC suspends fulfillment of its obligations, it shall retain its claims under the law and the agreement.
6. ODC always retains the right to claim damages.

Article 8 - Intellectual Property Rights

1. No part of ODC's communications, services, products and/or materials may be copied or otherwise reproduced, digitally or analogously, without prior, explicit written permission.
2. Permission will only be granted by ODC and can be requested via info@onedayclinic.nl.

Article 9 - Fees, rates and rate adjustments

1. The rates for the services of doctors and nurses will be made known to the client via the website or with an oral or written confirmation of the order.
2. All rates are inclusive of government levies, exclusive of additional (expenses), in so far as not explicitly agreed otherwise.
3. If, after the Agreement has been concluded, one or more cost price factors undergo an increase - even if this is due to foreseeable circumstances - Responder reserves the right to increase the agreed price accordingly, stating the basis and method of calculation.
4. The doctor and nurses may increase the fee if during the execution of the work it turns out that the original agreed or expected amount of work was underestimated to such an extent at the time the agreement was concluded, and this is not attributable to the doctor and nurses, that the doctor and nurses cannot reasonably be expected to carry out the agreed work for the fee originally agreed upon.
5. Arts en verpleegkundigen confirms the change in fees or increase as referred to in subsections 3 and 4 of this Article immediately by means of a written notification to the client, stating the scope and date on which the change or increase will take effect.

Article 10 - Payment

1. Payment for the services and/or products provided shall be made as follows: For all treatments, the invoice must be paid immediately after the treatment. The doctor and the client are free to agree on a different method of payment. Objections to the amount of the invoice do not suspend the payment obligation.
2. Other invoices to the doctor and nurses must be paid within 14 days of the invoice date in the manner indicated by the doctor and nurses. By the sole fact that doctor and nurses have not received the full amount of the invoice on the due date of the invoice, he is in default without any prior summons or proof of default being required.
3. If the client is eligible for a contribution from a healthcare insurer, the client must claim the costs incurred afterwards himself.
4. In the event of late payment, all payment obligations of the client become immediately due and payable. In case of liquidation, bankruptcy, legal debt restructuring, seizure or suspension of payment of the client, the claims of the doctor and nurses are immediately due and payable.
5. The principal shall - without further notice or notice of default - owe interest from the due date of the invoice on what ODC is legally entitled to claim from him. This interest will be charged monthly on this amount, to be calculated on the basis of 1/12 of the Euribor + 1% whereby a part of the month will be considered a full month.
6. If the Client fails to fulfil its obligations within the agreed period, it shall be in default without any prior summons or notice of default being required. Client cannot invoke setoff. For each day, month or part of a month that the Principal is in default of payment, the invoice amount shall be increased by operation of law by the contractual interest rate of 1% per month (12% per annum), unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. The interest on the amount due and payable shall be calculated from the time the client is in default until the time the full amount is paid.
7. All judicial and extrajudicial costs incurred by Arts & Nurses for the purpose of collecting a claim against the client arising from the client's failure to fulfil his/her obligations shall be borne by the client. The extrajudicial costs amount to at least 15% of the amount owed, with a minimum of € 225. Doctors and nurses are free to claim the actual extrajudicial costs.
The client is not permitted to suspend payment.
8. If the client is in default with regard to the payment of the invoice, doctor and nurses has the right, without prejudice to what is stipulated in the previous paragraphs, to discontinue or suspend further execution of the activities. In the event of said failure, doctor and nurses also have the right to dissolve the agreement without legal intervention and to claim full compensation for the damage caused to doctor and nurses by the attributable failure of the client. This also includes the expenses still to be incurred, services, lost and still to be lost income on account of the agreement.
9. If the client has objections to (any part of) the invoice, he/she is obliged to inform Arts and Nurses of this in writing and in detail within 5 working days after the date of the invoice, in default of which the right to object expires. An objection made to Arts and Nurses does not give the right to suspend the payment obligation. If the objection proves to be well-founded, the Assistance Provider will immediately make a credit note.
10. Client shall at all times remain (jointly and severally) liable for the fulfilment of all (payment) obligations arising from this agreement.
11. Payments made by or on behalf of the client shall consecutively serve to pay the extrajudicial collection costs owed by the client, the judicial costs, the interest owed by the client and then the outstanding principal amounts in order of age, regardless of any instructions to the contrary from the client.
12. Third-party costs may be charged immediately upon receipt of invoices, if it has not been expressly agreed that they are included in the agreed remuneration.

Article 11 - Cancellations

1. Appointments that are cancelled by the client 48 hours or less before the appointment in question, or which are not cancelled without the client appearing, may be charged to the client. In the absence of proof to the contrary, the administration of the doctor and nurses will serve as full evidence that the appointment in question was made.
2. In the event of cancellation, doctor and nurses will make reasonable efforts to limit these costs as much as possible.

Article 14 - Liability

1. If arts and nurses is liable, then this liability is in any case limited to the amount paid out by the liability insurer in the case in question.
If the insurer makes no payment in any given case, or if the damage is not covered by the insurance, ODC's liability will be limited to the amount of the invoice. Any right to compensation due to liability will expire one year after the damage-causing event occurred.
2. Arts en verpleegkundigen is only liable for physical and/or material damage, which has occurred directly in the execution of the agreed upon services and which damage is the direct result of a shortcoming in the fulfilment of the agreement that can be attributed to arts en verpleegkundigen.
3. Arts en verpleegkundigen is not liable for damage, of whatever nature, that has arisen because arts en verpleegkundigen has relied on incorrect and/or incomplete information provided by or on behalf of the client.
4. Arts en verpleegkundigen is not liable for damages towards third parties. When concluding an agreement with Arts en Nursekundigen, the Principal is always expected to indemnify Arts en Nursekundigen in this respect.
5. Arts en verpleegkundigen is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.
6. Arts en verpleegkundigen is in no way liable for any direct or indirect damage as a result of or related to (the use of) the information provided by ODC or the services delivered, unless otherwise determined by Law.
7. The client is liable for the compensation of damages suffered by Arts en Nursekundigen as a result of a shortcoming of the client or the client in the fulfilment of their obligations under this agreement.
8. References to other websites, apps or companies are for information only. Any liability with respect to websites, apps or companies not directly affiliated with ODC will be rejected.
9. If, for the purpose of executing the treatment agreement, services are provided at a clinic that is not a party to this agreement, this clinic shall be partly liable for any shortcoming, as if it were a party to the treatment agreement itself.
10. The client shall be liable for compensation of damage suffered by the counsellor as a result of a shortcoming on the part of the client or the client in the performance of their obligations under this agreement.
11. If the principal demonstrates and, if necessary, proves that the shortcoming cannot be attributed to him or the client, he shall not be liable for the damage referred to in the preceding paragraph, except to the extent of a benefit as referred to in section 6:78 of the Civil Code.

Article 15 - Effort obligation

ODC has an obligation to perform to the best of its ability with respect to the clients it treats, not an obligation to achieve a result. In consultation with the client and/or client, it will make every effort to achieve the desired result insofar as this is medically feasible and justified. ODC accepts no liability in the event that, despite the utmost care, the result turns out not to be feasible. This is in accordance with applicable jurisprudence and regulations.

Article 16 - Force majeure

1. Arts en verpleegkundigen is not obliged to fulfil any obligation towards the client if he is hindered in doing so as a result of a circumstance that is not attributable to his fault, and for which he cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
2. In the event of force majeure, arts and nurses is not liable for any resulting damage.
3. Force majeure includes: all external causes, foreseen or unforeseen, over which Arts and Nurses has no influence, but which prevent Arts and Nurses from fulfilling its obligations. In any case (but not exclusively) this includes fire, flooding, war, natural disasters and other exceptional weather conditions, strikes, government measures and non-delivery by suppliers.
4. The parties may suspend their obligations under the agreement during the period of force majeure. If this period lasts longer than two weeks, either party shall be entitled to dissolve the agreement without any obligation to pay the other party damages.
5. Insofar as Arts and Nurses have partially fulfilled or will be able to fulfil their obligations arising from the agreement at the time of the force majeure and the fulfilled or to be fulfilled part is of independent value, Arts and Nurses are entitled to separately invoice the part already fulfilled or to be fulfilled respectively. The client is obliged to pay this invoice as if it were a separate agreement.

Article 17 - Retention of title

ODC retains ownership of the delivered goods until the full purchase price has been paid.

Article 18 - Indemnification

1. The Client shall indemnify the doctor and nurses against any claims of third parties who suffer damage in connection with the execution of the agreement and of which the cause is other than attributable to the doctor and nurses. If doctor and nurses should be held liable by third parties on that account, the client shall be obliged to assist doctor and nurses both out of court and in court and to immediately do everything that may be expected of him in that case. Should the principal fail to take adequate measures, the doctor and nurses shall be entitled, without notice of default being required, to do so themselves. All costs and damage on the part of the doctor and nurses and third parties resulting from this shall be entirely at the expense and risk of the client.

Article 19 - Complaints procedure

1. The doctor and nurses have a complaints procedure and deal with the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the treatment agreement must be timely, fully and clearly described and submitted to the care provider after the client and/or customer has established the defects.
3. Complaints submitted to the medical practitioner shall be responded to within 10 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the doctor and nurses will respond by return of post with a message of receipt and an indication of the reasons.
with a message of receipt and an indication of the period within which a more detailed answer can be expected.
4. If the complaint cannot be solved in mutual consultation, a dispute arises that is open to the dispute settlement procedure.
5. Disputes between the client and/or the client on the one hand and the doctor and nurses on the other hand about the realisation or execution of the treatment agreement can be submitted in writing or electronically to the Disputes Committee (www.degeschillencommissie.nl).
2. The client and the care provider agree to first make an effort to solve the dispute together before submitting it to the Disputes Committee.
3. A dispute must be submitted to the Disputes Committee within three months of the dispute arising.
4. Disputes may only be submitted for settlement to the aforementioned Disputes Committees or to the courts.
5. With due observance of Section 108 of the Dutch Code of Civil Procedure, the Amsterdam District Court shall have exclusive jurisdiction in any dispute.
6. Parties will only appeal to the court after they have made every effort to settle a complaint in mutual consultation.
7. All legal relationships between doctors and nurses and the client are governed by Dutch law.

Article 20 - Amendment and location of the General Terms and Conditions

1. These General Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam and can always be requested from ODC in written or electronic form. ODC is free to change these GTC at any time. An amendment will invalidate all previous versions: the version valid at the time the agreement was concluded will always apply.