. Applicability
a. These conditions apply to and form part of all present and future offers, agreements and other acts intended to have any legal effect whereby DEVINUS (registered in the Commercial Register of the Chamber of Commerce under number 62264230) or (one of) its owner(s)/director(s), further referred to as "DEVINUS", is involved, as well as on all its consequences.
b. Deviations from these general terms and conditions are only valid insofar as these deviations have been expressly agreed upon in writing between the parties. Client cannot derive any rights for future agreements from such an explicitly and in writing agreed deviation.
2. Acceptance of assignments
All offers of the healthcare provider are non-binding and revocable, even if they specify a period for which the offer applies. If information is provided verbally, an offer shall not be deemed to have been made until it has been confirmed in writing by the healthcare provider.
An agreement is established by a written acceptance of the price agreement by the patient/client or a verbal confirmation. If changes are made therein by the patient/client, the agreement is only established after the healthcare provider has agreed to those changes in writing.
An agreement can cover either a single treatment or a course of treatments.
3. Duration of agreement and dissolution
a. Unless otherwise stipulated in the agreement, it is entered into for the duration of a course or single treatment. At the end of the agreed contract period, the agreement can be renewed (also tacitly) by mutual agreement between both parties.
b. Either party shall be entitled, without prejudice to the right to compensation for costs, damages and interest, to dissolve the agreement without judicial intervention with immediate effect by registered letter if;
- The other party has failed to fulfill one or more of its obligations and has failed to fulfill its obligations within a period of time set to it by registered letter for fulfillment, unless the failure(s) is of such a nature or minor importance that it does not reasonably justify dissolution.
- Bankruptcy or suspension of payments is filed or granted for the other party, or measures are taken that indicate termination or cessation of business.
4. Cancellation
a. Cancellation of appointments resulting from an agreement must be made no later than 48 hours before the appointed time.
b. Cancellation of appointments is subject to the following cancellation policy.
- If cancelled up to 48 hours before the start, the patient/client is not liable for any fees.
- If cancelled 24 hours prior to a consultation, the patient/client will owe 50% of the amount the appointment.
- If cancelled within 24 hours before a consultation, the patient/client will owe 100% of the amount for the appointment.
- If a consultation is rescheduled to a later date at the request of a patient/client, if rescheduled up to 48 hours before the appointment, the patient/client will owe no fee, within 48 hours before the appointment 50% of the amount for the appointment and within 24 hours before the appointment the full amount.
- If cancellation does not occur or occurs too late, the healthcare provider is entitled to charge for the service(s) in question without prejudice to the right to payment of all costs incurred by him/her in this regard.
5. Confidentiality, file management and right of inspection.
a. The healthcare provider shall keep confidential all information concerning the patient/client that he/she obtains in the performance of his/her services and shall not disclose such information to third parties, except to the extent that the healthcare provider is required to do so or the healthcare provider has obtained permission.
b. The health care provider will impose a duty of confidentiality as described in paragraph 1 on his/her employees and any third parties engaged in the performance of services.
c. The healthcare provider will provide reports on treatments/treatment pathways upon request by the patient/client, in compliance with the AVG.
6. Force Majeure
If the care provider cannot fulfill its obligations under the agreement, or cannot fulfill them on time or properly, as a result of a cause that cannot be attributed to it, including among other things (but not exclusively): stagnation in the regular course of business within the care provider's organization, illness of (one of the) persons entrusted with the performance of the agreement, etc., the care provider's obligations will be suspended until such time as it is still able to fulfill those obligations.
7. Billing and Payment
a. All prices are in Euros (€). All prices are inclusive of V.A.T./sales tax, unless it is expressly stated that this is not included.
b. Services for private patients/clients are to be paid by them immediately after the services have been rendered to the therapist/natural medicine practitioner against presentation of an invoice.
c. Services for patients/clients other than private individuals, will be billed by the healthcare provider as agreed upon by means of a bill.
d. Billing will be based on the rates and numbers of transactions agreed upon between the parties at the start of the services.
e. Unless otherwise agreed in writing, the patient/client must pay the healthcare provider within 14 days of the invoice date, without any claim for setoff.
f. If after the date of formation of the agreement one or more price factors undergo an increase, the healthcare provider is entitled to increase the agreed price accordingly.
g. The healthcare provider is entitled to increase the agreed price each year.
h. If a pathway is involved, the parties may agree in writing to payment in installments.
i. If the term of payment is exceeded, the patient/client is in default, without notice of default being required. The care provider is entitled to suspend his/her obligations to perform services from the date on which the payment term has expired. The healthcare provider will timely inform the patient/client of said suspension of his/her services. The patient/client will owe statutory interest on the outstanding amount as of the aforementioned date. Furthermore, all extrajudicial collection costs shall be borne by the patient/client. Collection costs include the costs of lawyers, bailiffs and collection agencies, determined in accordance with the applicable or usual rates.
8. Liability
a. The performance of the care provider's services involves an obligation of effort.
b. The healthcare provider in no way gives a (medical) guarantee nor is she/he in any way liable for (medical) complications occurring to the patient/client at the time or after performance of the service, which are not due to a serious attributable shortcoming of the healthcare provider.
c. The health care provider shall not be liable in any way for consequential damages.
d. The healthcare provider is not liable to the extent that damages result from the patient/client's failure to properly follow oral or written advice given by the healthcare provider.
e. The healthcare provider's liability for damages resulting from the services performed by him/her- possibly with the involvement of non-subordinates- is limited to a maximum of the cost of treatment.
f. In all cases, any liability of the healthcare provider shall be limited to the amount charged to the patient/client, or to a maximum of the amount covered by the healthcare provider's liability insurance policy.
g. The healthcare provider is in no way liable for the quality and composition of the attachments, supplements, medications, etc. recommended by him/her.
9. Applicable law and disputes.
a. The services of the care provider are governed by Dutch law.
b. In disputes arising out of or related to the services provided by the health care provider, only the court shall have jurisdiction to hear such dispute.