Terms and Conditions
Article 1. General
- These Terms and Conditions apply to all transactions of services and goods of Burgdorffer Acupuncture, the contractor, hereafter “the Practice”.
- It is only possible to deviate from the provisions of these general terms and conditions if an explicit written agreement has been reached between all parties involved.
- In these Terms and Conditions, the Client is understood to mean: the natural or legal person who purchases services or goods from the Practice on the basis of an agreement. The Client is hereinafter referred to as “the Client”.
- The applicability of any purchasing or other conditions of the Client is expressly rejected.
- Where in these Terms and Conditions ‘complete treatment’ is mentioned, this refers to the entirety of treatments that are performed with the aim of combating the Client’s health complaints.
- If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, or if a situation arises that is not regulated in these general terms and conditions, the interpretation must be given ‘in the spirit’ of these provisions.
- If the Practice does not always require strict compliance with these conditions, this does not mean that the provisions there of do not apply, or that the Practice would to any extent lose the right to demand strict compliance with the provisions of these conditions in other cases.
- If one or more provisions in these Terms and Conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Practice and the Client will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, taking into account the purpose and intent of the original provisions as much as possible.
Article 2. Conclusion of agreement
- This means that the Client has made an oral or written agreement with the Practice for a single or complete treatment or order.
- The Practice is entitled to suspend the treatment or order if the Client does not provide, at his request, security for payment and other obligations arising from the agreement, without limiting the Client’s obligation to reimburse work already performed and costs incurred by the Practice.
Article 3. Agreements, bills, payments
- The Client is deemed to know and agree to the rates charged by the Practice.
- Payment for the treatment must be made immediately after the end, preferably with pin (debitcard). Cash payment or a Mastercard or Visa payment is also possible. For debit card and credit card payments, the Client immediately receives a proof of payment. The invoice that the Client can use for claiming the health insurance will be sent to you by email the same day. Clients without email receive a printed invoice after the treatment.
For orders for herbs and/or nutritional supplements, the Client will receive an invoice by e-mail. This must be paid within 14 days by transfer to the bank account of the Practice or by debiting the amount when visiting the practice. It is also possible that the herbs and/or supplements have to be settled directly with the supplier; this will be communicated in good time.
- The Practice is entitled to to be pass on to the Client changes, occurring after the agreement has been concluded, in the cost price of the performance(s) owed by the Practice, as a result of increased labor and material costs, social security charges, government levies, exchange rates and other unforeseen circumstances not mentioned here, insofar as this can be considered reasonable.
- The Client will receive a reminder e-mail from the online agenda 60 hours (2 1/2 days) before an appointment. He/she then has 24 hours to reschedule or cancel the appointment if necessary. Not having received or read the reminder e-mail does not affect the following.
If the Client cancels more than 36 hours (1 1/2 days) in advance, the appointment does not have to be paid. Cancellations can be made by telephone or via the online agenda. A change or cancellation via the online agenda has not not been successful if the Client does not immediately receive a confirmation by email. Please check your spam filter to make sure the email is not there.
An appointment that the Client has rescheduled or canceled less than 36 hours (1 1/2 days) in advance can be charged in full, unless the rescheduling/cancellation is due to possible COVID-19 symptoms in the Client and the Client therefore reschedules/cancels as a precaution. In all other cases, it is at the discretion of the Practice whether costs will be charged for the reserved time and how much. In that case, the Client will receive an invoice at home, with a payment term of 14 days.
Timely cancellation is the responsibility of the Client, also in the event of illness, weather or traffic conditions. In case of doubt whether he/she will be able to be there on time, the Client must contact the Practice as soon as possible, both by telephone and by email.
- For corona prevention, the Practice tries as much as possible to prevent patients from being present in the waiting room with others. The Client is asked not to arrive more than 5 minutes early and not too late. The treatment time reserved for the Client is 45 minutes. If the Client is late, that time will be deducted from the reserved time. If the Client arrives more than 15 minutes later than planned, it may be necessary to make a new appointment because otherwise too little treatment time will be left. In principle, the full rate can then be charged; this is at the discretion of Practice. The same applies if the Client does not speak up and does not come at all, unless this is the result of possible sudden COVID-19 symptoms and the Client stays away as a precaution. In the latter case, no costs will be charged.
- Complaints regarding invoices and invoice amounts must be submitted in writing and must be received by the Practice within five days of the invoice date, failing which complaints in this regard will no longer be accepted and the Client will be deemed to have agreed with the contents of the invoice. The obligation to pay is not suspended by submitting a complaint.
- If the Client fails to pay a bill on time, the Client is legally in default. In that case, the Client owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due and payable will be calculated from the moment that the Client is in default until the moment of payment of the full amount owed.
- If the Client is in default or in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice. However, if the Practice has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed.
- When ordering herbs, food supplements and other goods, a purchase obligation applies to the Client for all ordered goods. Goods delivered by the Practice cannot be returned or exchanged regardless of the condition of the packaging.
Article 4. Liability
- The Practice will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time.
- The Client shall ensure that all data, which the Practice indicates are necessary (for example pregnancy or possible pregnancy, medical diagnoses, use of medication) or which the Client should reasonably understand to be necessary for the execution of the agreement, are provided to the Practice in a timely manner. De Practice is not liable for damage, of whatever nature, caused by the fact that the Practice has based on incorrect and/or incomplete information provided by or on behalf of the Client.
- De Practice is not liable for any unexpected side effects of the treatment of which there was insufficient reason to believe that these side effects could occur before starting the treatment.
- De Practice is also not liable for the lack of the intended effect during or after a treatment.
- If the Practice should be liable for any damage, the liability of the Practice is limited to a maximum of twice the invoice value of the treatment. The liability of the Practice is in any case always limited to the amount paid out by its insurer, where appropriate.
- De Practice is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the defective performance of the Practice, insofar as these can be attributed to the Practice and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The Practice is never liable for indirect damage, including consequential damage, lost profits, lost cost reductions and damage due to business interruption.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Practice.
- If certain parts of the Agreement are fulfilled by third parties, the Practice is not liable for these parts and for the actions of these third parties.
Article 5. Processing of data
The Practice complies with the GDPR (in Dutch: AVG). How Client data and privacy is handled is stated in the Privacy Statement on the practice website.
Article 6. Applicable law and disputes
- Dutch law applies to these General Terms and Conditions as well as all matters to which these terms and conditions apply.
- According to the Care Quality, Complaints and Disputes Act (Wkkgz), the Practice is the first designated party to make an effort to resolve a conflict with a Client. There is a legal term of a maximum of 6 weeks for this. If you cannot resolve the matter together or if communication is no longer possible, the complaints officer of the Dutch Association for Acupuncture, to which the Practice is affiliated, can be engaged during this first period. In such cases, the secretariat of the Dutch Acupuncture Association can be contacted.
- In the event of a dispute between the Practice and the Client about the treatment, the Client has the option, after the intervention of the Complaints Officer, to submit a complaint to the Disputes Body KAB.
- In the event of a dispute between the Practice and the Client about the handling of personal and medical data, the Client has the option of submitting a complaint to the Dutch Data Protection Authority (in Dutch: “AP”).
- The parties will only appeal to the judge or supervisor after they have made every effort to settle a dispute in mutual consultation.
Article 7. Location and change of conditions
- These conditions can be found on the website of the Practice, www.acupuncturist-amsterdam.nl, under the heading “Regulations”.
- The latest version c.q. the version that applied at the time of the establishment of the legal relationship with the Practice is always applicable.
version 7 jan 2022