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 in (1012 VP) Amsterdam at Spuistraat 239, and is registered in the trade register of the Chamber of Commerce under number 62798693
Article 1 - Definitions GTC
For the purposes of these GTCs, the following terms have the following meanings;
1. Doctors and/or nurses (ODC) in Amsterdam who work as doctors or nurses and who conclude the treatment agreement with the client.
2. Client: the person who concludes a treatment agreement for himself or for a certain third party with the doctor or nurse.
3. Services: all services to be provided by physicians and/or nurses, including but not limited to treatments, treatment methods, courses, information, presentations, sales and promotion of products and advice.
4.Products: Products used and supplied by (ODC).
5. Client: the person or individual to be diagnosed or treated, in respect of whom a treatment is carried out on the basis of an assignment from a client. This can but does not always have to be the same person as the client.
6. Treatment agreement: These General Terms and Conditions apply to the
conclusion 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 formation and execution of all agreements in the Sexual health and external care sector between the doctor and nurses and the consumer.
2. For the execution of the services, Doctors and/or nurses may involve third parties, which they may select and contract, if the proper execution of the agreement so requires. The prior consent of the client is not required for this.
3. The present terms and conditions shall also apply to all agreements with the client for the execution of which Doctors and/or nurses must involve third parties.
4. The present terms and conditions shall apply to every quotation and agreement between Doctors and/or nurses and the client. Deviation from these terms and conditions is only possible after written agreement.
5. Deviations from these GTC are only valid if they have been laid down in writing in an agreement between the care provider and the client.
6. The doctors and/or nurses will take care of recording the deviations and provide the client or the client with a copy thereof.
7. The client waives the applicability of his or her General Terms and Conditions insofar as applicable.
8. The applicability of any purchase or other terms and conditions of the client is expressly rejected.
9. If one or more provisions of these terms and conditions are null and void or should be annulled, the other provisions of these terms and conditions shall remain fully applicable. Doctors and/or nurses and the client will then consult in order to agree on new provisions to replace the null and void or nullified provisions, taking into account the purpose and purport of the original provision.
10. If there is any lack of clarity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation must be in the spirit of these provisions.
11. If a situation arises between the parties that is not regulated in these terms and conditions, this situation must be assessed in the spirit of these terms and conditions.
ODC takes measures that are reasonably possible to prevent damage to or loss of the patient's property.
The client must himself take the necessary care to
prevent damage to or loss of his property.
ODC accepts no liability for damage to or loss of property of clients or clients. This also applies to abandoned property.
Article 3 - Prior authorisation
1. Transactions carried out in execution of a handling agreement require the customer's consent.
2. If the client so requests, the counsellor shall record in writing the operations for which he has obtained consent and shall provide the patient with a copy thereof.
3. If the client is younger than 12 years of age, his consent is not required, but the consent of the parents exercising authority over him or his guardian.
4. If the client is 12 years of age or older but younger than 16 years of age, the consent of the parents exercising authority over him or his guardian shall be required in addition to the client's consent. The transaction can only be carried out without this consent if it is clearly necessary to prevent serious harm to the client or if the client continues to want the transaction after the refusal of consent.
Article 4 - The treatment agreement
1. The treatment agreement is concluded when the client instructs the doctor and nurses to carry out medical or cosmetic treatments.
2. In order to enter into the treatment agreement, the client must have reached the age of 18, regardless of the age of the client.
3. The client is liable for the obligations arising from the treatment agreement entered into by him.
4. Before entering into the treatment agreement, the client and/or the client will be informed verbally and, if desired, in writing by the care provider of:
a. the intake procedure;
b. the (intended) results and (possible) consequences of the treatment;
c. alternatives to the treatment;
d. the client will be informed in writing by the care provider. the price of the treatment, the possibilities with regard to insurances and time(s) and method(s) of payment;
e. the time(s) and place(s) of treatment;
f. the reflection period, in order to be able to come to a well-considered decision;
g. the actions to be taken after the treatment agreement has been concluded;
h. the time and place of treatment, in order to be able to come to a well-considered decision. if applicable: which counsellor will actually
perform the treatment or be involved in the performance of the treatment agreement;
i. the information/instructions for the client, to be followed prior to the treatment;
j. the instructions for guidance, reception, transport and accessibility*;
k. the time for reflection, in order to arrive at a well-considered decision; e. the time(s) and place(s) of treatment; f. the cooling-off period, in order to be able to come to a well-considered decision; g. the actions to be taken after the conclusion of the treatment agreement; h. the time for reflection, in order to be able to come to a well-considered decision. the instructions for the client before and after the treatment, including the symptoms the client must contact and details of the person the client must contact*;
l. the accessibility of the organisation if complications occur outside working hours;
m. these GTC, which are handed over 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 can also be handed over to him or her at any other time prior to the first treatment.
n. By commencing the treatment, the Client declares that he or she has read these GTC and that he or she agrees to everything stipulated therein.
5. During the 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 will lapse after expiry of this period.
Offers cannot be combined with loyalty programs or other discount programs or promotions.
Article 6 - Implementation of the Agreement
1. Doctors and nurses shall execute the agreement to the best of their knowledge and ability and in accordance with the requirements of a good contractor.
2. The Client shall ensure that all information which the doctor and nurses indicate is necessary or which the Client should reasonably understand is necessary for the performance of the Agreement is provided to the doctor and nurses in good time. If data necessary for the execution of the Agreement are not provided on time, the doctor and nurses shall be entitled to suspend the execution of the Agreement and/or to charge the Client for the extra costs resulting from the delay at the usual rates.
3. Among the data mentioned in two above is also the presentation of a valid proof of identity. Each Customer must always be able to identify himself with a legally recognised proof of identity at the first request of ODC. If a customer cannot show such proof of identity upon request, ODC is entitled to suspend the handling agreement.
4. Doctors and nurses are not liable for damage, in whatever form, arising as a result of incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been known to the doctor and nurses.
5. If the agreement contains the obligation for the Client to supply certain data, either printed or written or provided in any other way, the doctor and nurses shall only accept these data for internal use. The doctor and nurses shall treat such data as strictly confidential and shall never disclose them, in whole or in part, to anyone other than the person to whom they relate, nor use them as evidence in any (legal) proceedings. The data may not be copied in whole or in part or reproduced in any other way.
6. The Client who is not also a client is obliged to ensure that the reports produced by the doctor and nurses are stored and used to the satisfaction of the Client in such a way that they comply with the government regulations applicable at any time.
7. If, due to circumstances not attributable to the doctor and nurses, a planned assignment ensuing from the agreement cannot be carried out, the Client shall nevertheless owe the costs involved to the entrepreneur.
8. If the Client provides doctors and nurses with information carriers, electronic files or software, etc., 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 shall be deemed to be suspended as soon as and as long as the client is in default of payment of any amount due, of the continuous provision of up-to-date data, or as long as the doctor and nurses are prevented by force majeure from fulfilling their obligations, without the client being able to assert any right to compensation for damages, costs and/or interest on that account.
2. Exceeding the agreed period within which the doctor and nurses must have performed the agreed services shall never entitle the Client, in the event of force majeure and/or in the event explicitly agreed otherwise, to compensation for damages, dissolution of the agreement or non-fulfilment of any obligation.
3. Doctors and nurses shall be authorised to suspend the fulfilment of the obligations or to dissolve the agreement, without notice of default, if:
a. The Client does not, or does not fully, fulfil the obligations arising from the agreement.
b. After entering into the agreement, circumstances brought to the knowledge of the doctor and nurses give good reason to fear that the client will not or not fully comply with the obligations. If there are good grounds to fear that the client will not, or will only partially, fulfil the obligations, suspension shall only be permitted to the extent that the shortcoming justifies it.
c. When concluding the agreement, the client was requested to provide security for the fulfilment of his obligations under the agreement and this security is not provided or is inadequate.
4. 4. Furthermore, the entrepreneur is authorised to dissolve the agreement (or have the agreement dissolved) if circumstances arise of such a nature that compliance with the agreement is impossible or can no longer be required in accordance with standards of reasonableness and fairness, or if circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be expected in reasonableness and fairness.
5. If the agreement is dissolved, the Entrepreneur's claims against the Client shall become immediately due and payable. If ODC suspends fulfilment of its obligations, it retains 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 expressions, services, products and/or materials may be copied or otherwise reproduced, digitally or analogue, without prior express written permission.
2. Permission is only granted by ODC and can be requested via firstname.lastname@example.org.
Article 9 - Fees, rates and rate adjustments
1. The rates for the services provided by doctors and nurses will be made known to the client via the website or by means of a verbal or written order confirmation.
2. All rates are inclusive of government levies, excluding additional (expense) costs, unless explicitly agreed otherwise.
3. If one or more cost price factors undergo an increase after the agreement has been concluded - even if this occurs as a result of foreseeable circumstances - the Assistance Provider 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 appears that the originally agreed or expected amount of work was insufficiently estimated at the time the agreement was entered into and that the doctor and nurses are not to blame, that the doctor and nurses cannot reasonably be expected to perform the agreed work at the originally agreed fee.
5. Doctors and nurses shall immediately confirm the change in fee or increase as referred to in paragraphs 3 and 4 of this article by means of a written notification to the principal, stating the scope and the 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. Doctors and nurses and the client are free to agree on another method of payment. Objections to the amount of the invoice do not suspend the payment obligation.
2. Payment of other invoices to doctor and nurses must take place within 14 days after the invoice date in the manner to be indicated by doctor and nurses. As a result of the mere fact that the doctor and nurses have not received the full amount of the invoice on the due date, he shall be in default without any prior summons or notice of default being required.
3. If the client is eligible for a contribution from a health care insurer, the latter must claim the costs incurred afterwards.
4. In the event of late payment, all payment obligations of the client become immediately due and payable. In the event of liquidation, bankruptcy, legal debt rescheduling, seizure or suspension of payment of the client, the claims of the doctor and nurses shall become immediately due and payable.
5. The principal owes interest - without further notification or notice of default - from the due date of the invoice on what ODC legally owes him. This interest shall be charged monthly on this amount, to be calculated on the basis of 1/12 of the Euribor + 1%, with part of the month being held for a full month.
6. If the principal fails to meet his obligations within the agreed term, he shall be in default without any prior summons or notice of default being required. The Client may not invoke set-off. For each day, month or part of a month in which the Client is in default with the payment of the invoice, the invoice amount will be increased by operation of law with the contractual interest of 1% per month (12% per year), unless the statutory interest rate is higher in which case the statutory interest rate will apply. The interest on the amount due and payable will be calculated from the moment the client is in default until the moment the full amount has been paid.
7. All judicial and extrajudicial costs incurred by doctors and nurses in the context of the collection of a claim against the client, resulting from non-compliance with the client's obligations, shall be borne by the client. The extrajudicial costs shall amount to at least 15% of the amount due, 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 the payment of the invoice, the doctor and nurses shall be entitled, without prejudice to the provisions of the previous paragraphs, to discontinue or suspend further execution of the work. The doctor and nurses shall also be entitled to dissolve the agreement without judicial intervention in the event of said default and to claim full (compensation) compensation for the damage caused to the doctor and nurses by the attributable failure on the part of the client. This shall also include expenses still to be incurred, services, lost and yet to be lost income on account of the agreement.
9. If the client has objections to (any part of) the invoice, he shall be obliged to inform the doctor and nurses in writing and in a specified manner within 5 working days of the invoice date, failing which the right of objection shall lapse. An objection indicated to the doctor and nurses shall not entitle the client to suspend the payment obligation. If the objection proves to be well-founded, the Caretaker shall immediately make a credit note.
10. The client remains at all times (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 successively serve to pay the extrajudicial collection costs owed by it, the judicial costs, the interest owed by it and then, in order of age, the outstanding principal amounts, regardless of the client's indication to the contrary.
12. Costs of third parties may be charged on immediately upon receipt of invoices if it has not been explicitly 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 that are not cancelled without the client showing up, can be charged to the Client. In the absence of evidence to the contrary, the doctor's and nurses' administration will serve as full evidence that the appointment in question has been made.
In the event of cancellation, the doctor and nurses shall make every reasonable effort to limit these costs as much as possible.
Article 14 - Liability
1. If doctors and nurses are liable, this liability shall in any event be limited to a maximum of the amount paid out by the liability insurer in a given case.
If, in any case, the insurer does not pay out, or the damage is not covered by the insurance, ODC's liability is limited to the amount of the invoice. Rights to compensation for liability expire after 1 year after the event causing the damage occurred.
2. Doctors and nurses are only liable for physical and/or material damage that has occurred directly during the performance of the agreed services and which is the direct result of a shortcoming in the performance of the agreement attributable to doctors and nurses.
3. Doctors and nurses shall not be liable for damage, of whatever nature, caused by doctors and nurses acting on the basis of incorrect and/or incomplete information provided by or on behalf of the Client.
4. Doctors and nurses are not liable for damage vis-à-vis third parties. When entering into an agreement with a doctor and nurses, the Client shall at all times be deemed to indemnify the doctor and nurses in this respect.
5. Doctors and nurses shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.
6. Doctors and nurses are not liable in any way whatsoever for any direct or indirect damage as a result of or related to (the use of) the information or services provided by ODC, unless stipulated otherwise by law.
7. The client is liable for compensation for damage suffered by the doctor and nurses as a result of a shortcoming on the part of the client or the client in the fulfilment of their obligations under this agreement.
8. References to other websites, apps or companies are only for the information of the reader concerned. Any liability relating to websites, apps or companies that are not directly affiliated with ODC is rejected.
9. If for the execution of the handling agreement transactions are performed in a clinic that is not a party to this agreement, this clinic is also liable for a shortcoming as if it were a party to the handling agreement itself.
10. The client is liable for compensation of the damage suffered by the care provider as a result of a shortcoming on the part of the client or of the client in the fulfilment of their obligations under this agreement.
11. If the client 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 previous paragraph, except in so far as there is a benefit as referred to in Article 6:78 of the Dutch 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. Doctors and nurses shall not be obliged to fulfil any obligation towards the Client if he is hindered to do so as a result of a circumstance that is not his fault and is not at his expense by virtue of the law, a legal act or generally accepted views.
2. In the event of force majeure, the doctor and nurses shall not be liable for any damage resulting therefrom.
3. Force majeure is understood to mean, among other things: all external causes, foreseen or unforeseen, on which doctor and nurses cannot exert any influence, but as a result of which doctor and nurses are unable to fulfil their obligations. In any case (but not exclusively) this includes fire, flood, war, natural disasters and other exceptional weather conditions, strikes by government measures and non-delivery by suppliers.
4. Parties may suspend their obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two weeks, each of the parties shall be entitled to dissolve the agreement, without any obligation to compensate the other party for damages.
5. Insofar as doctor and nurses have already partially fulfilled or will be able to fulfil their obligations under the agreement at the time of the force majeure taking effect, and insofar as the part already fulfilled or to be fulfilled respectively is of independent value, doctor and nurses shall be entitled to separately declare the part already fulfilled respectively the part to be fulfilled respectively the part to be fulfilled. 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 submitted to the care provider in a timely, complete and clearly described manner after the client and/or client has discovered the defects.
3. Complaints submitted to the doctor and nurses will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the doctor and nurses shall reply
by return with an acknowledgement of receipt and an indication of the period within which a more detailed reply can be expected.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
5. Disputes between the client and/or the client on the one hand and the physician and nurses on the other hand concerning the conclusion or the execution of the treatment agreement can be brought before the Disputes Committee (www.degeschillencommissie.nl) in writing or electronically by the client and/or the patient as well as by the physician and nurses.
2. The client and the care provider agree to first make an effort to resolve the dispute together before submitting it to the Disputes Committee.
3. A dispute must be submitted to the Disputes Committee within three months after it has arisen.
4. Disputes may only be submitted for settlement to the above-mentioned Disputes Committees or to the courts.
5. With due observance of Article 108 of the Code of Civil Procedure, the (subdistrict) court in the District Court of Amsterdam shall have exclusive jurisdiction in respect of all possible disputes.
6. The 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 doctor 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.