Terms and conditions Eat&Sea Therapy
General Terms and Conditions of Eat&Sea Therapy, Practice for Orthomolecular Therapy and Bowel Therapy (hereinafter referred to as Eat&Sea Therapy), established in The Hague and registered with the Chamber of Commerce under number 64404277. The General Terms and Conditions have been filed with the Chamber of Commerce under the same number. Only these general terms and conditions apply.
Article 1. General
1. These conditions apply to any (treatment) agreement concluded between Eat&Sea Therapy and a client/client.
2. These conditions shall also apply to agreements with Eat&Sea Therapy, the execution of which requires the involvement of third parties by Eat&Sea Therapy.
3. If a situation arises between the parties that is not regulated in these general conditions, then this situation should be assessed in the spirit of these general conditions.
4. The client/client should always investigate with his/her insurer whether the consultations of Eat&Sea Therapy are eligible for reimbursement with his/her insurer.
5. If the therapist is unable to work, or dies, your medical file will be transferred to an observer.
6. Divergent terms and conditions are expressly rejected by Eat&Sea Therapy and will not be accepted.
7. Eat&Sea Therapy reserves the right to change these general conditions for the future. Changes to the general terms and conditions shall only be effective after they have been announced in writing by Eat&Sea Therapy.
8. If any provision of these General Terms and Conditions is found to be invalid by the application of law, regulation or a final decision of a court of competent jurisdiction, all other provisions of the General Terms and Conditions shall remain in full force and effect.
Article 2. Treatment
1. The (treatment) agreement between Eat&Sea Therapy and the client is entered into for the duration of the treatment.
2. Eat&Sea Therapy may not and cannot diagnose and does not replace the general practitioner/ veterinarian-client relationship.
3. Eat&Sea Therapy will execute the (treatment) agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship: Eat&Sea Therapy has only an obligation of effort. All this based on the then known state of science.
4. The client shall ensure that all data, which may be reasonably relevant to the proper execution of the treatment are timely communicated to Eat&Sea Therapy.
5. Eat&Sea Therapy is entitled to have certain work performed by third parties. The applicability of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
6. If work is performed by Eat&Sea Therapy or third parties engaged by Eat&Sea Therapy in the context of the assignment at the location of the client or a location designated by the client, the client shall ensure, free of charge, the facilities reasonably required by those employees.
7. Appointments that cannot be kept must be cancelled no later than 24 hours before the treatment - not counting weekend days. Failure to cancel or cancellation within 24 hours before the appointment reserves Eat&Sea Therapy the right to charge for the reserved time.
8. Online intakes and e-books or other paid online content must be paid in advance online. No returns and/or refunds are available for these services and/or items.
9. The information and advice provided by Eat&Sea Therapy is not intended to replace the services of a primary care physician/veterinarian and/or medical specialist, nor does it constitute a (primary) physician/veterinarian-client relationship. Each individual's treatment and/or results may vary based on circumstances, the client's specific situation, client commitment, as well as the medical judgment of the healthcare provider and only after further discussion of the client's specific situation, goals, risks and benefits and other relevant medical discussions.
10. Eat&Sea Therapy reserves the right to refuse or refer clients to another health care provider.
11. Client/client shall ensure that any information, which may be reasonably relevant to the proper performance of the treatment/service, is communicated to Eat&Sea Therapy in a timely manner.
Article 3. Payment and collection costs
1. Payment must always be made after treatment within 7 days of the invoice date, in a manner to be specified by Eat&Sea Therapy in the currency of the invoice. Eat&Sea Therapy is entitled to invoice periodically.
2. If the client fails to pay an invoice on time, the client shall be in default by operation of law. The client will then owe interest of 1% per month, unless the legal interest rate is higher, in which case the legal interest rate is due. The interest on the amount due will be calculated from the moment the client is in default until the moment of payment of the full amount due.
3. If the client is in default, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the client. The extrajudicial costs are at least 15% of the principal amount or the remainder thereof, plus the statutory interest, with a minimum of €200 excluding sales tax.
4. However, if Eat&Sea Therapy has incurred higher costs for collection that were reasonably necessary and the client is a business client, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the client. The client shall also owe interest on the collection costs due.
Article 4. Liability
1. Eat&Sea Therapy is not liable for damages of any kind caused by Eat&Sea Therapy is based on incorrect and / or incomplete information provided by or on behalf of the client. Eat&Sea Therapy is also not liable if advice is not or incorrectly followed.
2. If Eat&Sea Therapy should be liable for any damage, then the liability of Eat&Sea Therapy is limited to only direct damage with a maximum of the amount that its insurer will pay in such case.
Eat&Sea Therapy shall never be liable for indirect damages including in any case, but not limited to: lost profits, lost sales, loss of goodwill, reputation damage, business stagnation, missed savings, consequential damages and missed (business) opportunities).
3. Eat&Sea Therapy is in no way liable for the quality and composition of its recommended supplements and/or medications. The supplier of these supplements, medications, is responsible for this. Eat&Sea Therapy will cooperate in the proper handling of a complaint about the advised supplements, medicines as far as it is in its power.
4. The limitations of liability in this article do not apply if the damage is due to intent or gross negligence of Eat&Sea Therapy.
Article 5. Privacy
1. Eat&Sea Therapy will treat all information regarding the client that it obtains in the implementation of the treatment confidential and will not make this information available to third parties, except to the extent Eat&Sea Therapy is required to do so or has obtained permission.
2. Eat&Sea uses the legal retention period for medical records.
Article 6. Termination of agreement
1. Unless otherwise stipulated, the agreement is entered into for the duration of the treatment.
2. Each of the parties is entitled, without prejudice to the right to compensation of costs, damages and interest, to terminate the agreement without judicial intervention with immediate effect by registered letter if:
- the other party has failed to comply with one or more of its obligations and has failed to meet its obligations within a period set for compliance by registered letter, unless the failure(s) is/are of such - - minor significance that it does not reasonably justify dissolution;
- bankruptcy or suspension of payment is applied for or granted for the other party, or measures are taken.
3. If the agreement is terminated prematurely by Eat&Sea Therapy, Eat&Sea Therapy shall, in consultation with the client, arrange for the transfer of work still to be performed to third parties. This unless the termination is attributable to the client. If the transfer of the work involves additional costs for Eat&Sea Therapy, these will be charged to the client. The client is obliged to pay these costs within the period specified, unless Eat&Sea Therapy indicates otherwise.
Article 7. Indemnification
The client indemnifies Eat&Sea Therapy for any claims by third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to other than Eat&Sea Therapy. If Eat&Sea Therapy should be addressed by third parties for that reason, then the client is obliged to assist Eat&Sea Therapy both extra-judicially and judicially and immediately do everything that can be expected of him in that case. Should the client fail to take adequate measures, then Eat&Sea Therapy, without notice, is entitled to do so itself. All costs and damages on the part of Eat&Sea Therapy and third parties as a result, shall be entirely at the expense and risk of the client.
Article 8. Intellectual Property.
1. Unless otherwise agreed in writing, Eat&Sea Therapy retains all intellectual rights (including copyright, patent rights, trademark rights etc) to all designs, writings, carriers containing data or other information, quotes, images, sketches, models etc.
2. The said intellectual rights may not be copied, shown and/or made available to third parties or otherwise used without written permission from Eat&Sea Therapy.
3. A party undertakes to keep confidential any confidential information made available to him by Eat&Sea Therapy. In any case, confidential information means that to which this article relates, as well as the company data. A party undertakes to impose a written duty of confidentiality of the scope of this provision on its staff and/or third parties involved in the execution of the agreement.
4. If a party infringes any intellectual property of Eat&Sea Therapy, the said party shall owe a penalty of Euro 5000 (in words: five thousand Euro) per infringement. Forfeiture of this penalty does not require prior notice of default or court proceedings. Nor does it require any form of damage.
The forfeiture of the penalty referred to in the fourth paragraph of this article does not affect Eat&Sea Therapy's other rights, including the right to claim damages in addition to the penalty.
Article 9. Applicable law and disputes
1. Dutch law shall apply exclusively to all legal relationships to which Eat&Sea Therapy is a party.
2. The Hague District Court has exclusive jurisdiction to take cognisance of disputes.
3. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
Article 10. Complaints Committee
Orthomolecular therapist A.T.C. van de Velden is affiliated with the Alternative Treatment Methods Complaints Commission. If you have complaints about the treatment it is good to let me know. I would like to talk to you first. If we cannot work it out together then you can contact the complaints officer of the MBOG. If a personal conversation or mediation does not yield the desired result, you can use a complaints procedure. You can use the Complaints Committee for this. For more information visit https://kab-koepel.nl/klachten.asp.