Algemene voorwaarden

dated 29-10-2020

 

General Terms and Conditions (GT&C) of the Eat & Sea Practice for Orthomolecular Therapy (hereinafter: Eat & Sea), located in The Hague and registered with the Chamber of Commerce under number 64404277. These general terms and conditions apply exclusively. Eat & Sea explicitly rejects the applicability of other conditions.


Eat & Sea reserves the right to change these general terms and conditions for the future. Amendments and deviations from these general terms and conditions will only be effective if they have been agreed in writing or verbally between the buyer and the seller.


If any provision of these General Terms and Conditions proves to be invalid due to the application of law, regulations or a court decision, all other provisions of the General Terms and Conditions will remain in full force.


Article 1. General
1. These terms and conditions apply to every agreement concluded between Eat & Sea and a client / customer.
2. These terms and conditions also apply to agreements with third parties.
3. If a situation arises between the parties that is not regulated in these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions.

4. The Client should always consult their own insurance policy to check if sessions are eligble for reimbursement. 


Article 2. Treatment / service
1. The agreement between Eat & Sea and the client / customer is entered into for the duration of the treatment / service.

2. Eat & Sea cannot diagnose and does not replace the general practitioner / veterinarian-client-patient relationship.

The information and advice provided is not intended to replace the services of a general practitioner / veterinarian and / or medical specialist, nor does it constitute a general practitioner / veterinarian-customer relationship.

3. Each individual's treatment and / or outcomes may vary based on the circumstances, the patient's specific situation, as well as the healthcare provider's medical judgment and only after further discussion of the patient's specific situation, goals, risks and benefits and other relevant medical discussions.
3. Eat & Sea will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship; Eat & Sea has a best efforts obligation. All this on the basis of the state of the art at that time.

4. Eat & Sea reserves the right to refuse clients or refer cliënts to another healthcare provider.
5. The client / customer will ensure that all data that may reasonably be important for the proper execution of the treatment / service are communicated to Eat & Sea in a timely manner.
6. Eat & Sea has the right to have certain activities performed by third parties. The applicability of article 7: 404, 7: 407 paragraph 2 and 7: 409 BW is expressly excluded.
7. If by Eat & Sea or third parties engaged by Eat & Sea in the context of the assignment work is performed at the location of the client / customer or a location designated by the client / customer, the client / customer will take care of the work provided by those employees free of charge. reasonably desired facilities.

 

Article 3. Cancellation
1. Appointments that cannot be fulfilled must be canceled no later than 48 hours before the treatment / shift - weekend days not included. In case of non-cancellation or cancellation within 48 hours before the appointment, Eat & Sea reserves the right to charge the reserved time

2. Online intakes and e-books or other paid online content must be paid online in advance. These services and or goods are non-refundable.

 

Article 4. Payment and collection costs
1. Payment must always be made after treatment / service via PayPal, pin, cash or within 7 or 14 days after the invoice date to account number NL33KNAB0405157738 and stating the relevant reference, in a manner to be indicated by Eat & Sea in the currency in which the invoice was made. Eat & Sea is entitled to invoice periodically.
2. If the client / customer fails to pay an invoice on time, the client / customer is in default by operation of law. The client / customer then 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 due amount will be calculated from the moment that the client / customer is in default until the moment of payment of the full amount due.
3. If the client / customer is in default, all reasonable costs incurred in obtaining settlement out of court will be borne by the client / customer.
4. However, if Eat & Sea has incurred higher costs for collection that were reasonably necessary and the client / customer is a business client / customer, the costs actually incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the client / customer. The client / customer also owes interest on the collection costs due.


Article 5. Liability
1. Eat & Sea is not liable for damage, of whatever nature, caused by Eat & Sea based on incorrect and / or incomplete information provided by or on behalf of the client / customer. Eat & Sea is also not liable if advice is not or incorrectly followed.
2. If Eat & Sea should be liable for any damage, then Eat & Sea's liability is limited to the amount paid out by its insurer, as appropriate.
3. Eat & Sea is never liable for consequential damage, lost profit, missed savings and damage due to business interruption.
4. Eat & Sea is in no way liable for the quality and composition of the supplements and / or medicines it recommends. The supplier of these supplements, medicines, is responsible for this. Eat & Sea will cooperate as far as in its ability in the correct handling of a complaint about the recommended supplements and medicines.
5. 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 Eat & Sea.


Article 6. Privacy
Eat & Sea will treat all information regarding the client / customer that it obtains during the execution of the treatment / service confidentially and will not make this information available to third parties, except insofar Eat & Sea is obliged to do so or has obtained permission. In addition to these general terms and conditions, Eat & Sea applies a Privacy policy that can be found on the website and can also be sent on request.

 

Article 7. Intellectual Property

1. Unless the parties have agreed otherwise in writing, Eat & Sea retains all intellectual rights (including copyright, patent law, trademark law, etc.) on all designs, writings, carriers with data or other information, quotations, images, sketches, models, etc.

2. The mentioned intellectual rights may not be copied, shown to third parties and / or made available or used in any other way without the written permission of Eat & Sea.

3. The other party undertakes to maintain the confidentiality of the confidential information made available to it by Eat & Sea. Confidential information is in any case understood to mean that to which this article relates, as well as the company data. The other party undertakes to impose a written obligation of confidentiality on the scope of this provision to its personnel and / or third parties involved in the implementation of the agreement.

4. If the other party infringes any intellectual property of Eat & Sea, the other party will owe a fine of Euro 5000 (five thousand) per infringement. No prior notice of default or legal proceedings are required for forfeiting this fine. There is also no need for any form of damage.

5. The forfeiture of the fine referred to in the fourth paragraph of this article does not affect the other rights of Eat & Sea, including the right to claim compensation in addition to the fine.

 

Article 8. Confidentiality

1. The other party will keep the information that it receives (in whatever form) from the service provider and all other information regarding Eat & Sea of ​​which it knows or can reasonably suspect that it is secret or confidential, or it concerns information that it can expect to disseminate. Eat & Sea is confidential and takes all necessary measures to ensure that it keeps the said information confidential.

2. The duty of confidentiality referred to in the first paragraph of this article does not apply to information:

a.which was already public or subsequently became public at the time that the other party received this information without a breach of its duty of confidentiality;

b. of which the other party can prove that this information was already in its possession at the time of provision by Eat & Sea;

c. that the other party has received from a third party, whereby this third party was entitled to provide this information to the other party by Eat & Sea;

d. which is made public by the other party on the basis of a legal obligation.

3. The duty of confidentiality described in this article applies for the duration of the treatment / service and for a period of three years after its termination.


Article 9. Termination of the agreement
1. Unless stipulated otherwise, the agreement is entered into for the duration of the treatment or service.

2. Without prejudice to the right to compensation of costs, damage and interest, each of the parties is entitled to dissolve the agreement without judicial intervention with immediate effect by registered letter if;
- the other party has not fulfilled one or more of its obligations and is negligent to comply with its obligations within a period set by registered letter for compliance, unless the shortcoming (s) is (are) of such minor importance that it is reasonable do not 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, Eat & Sea will, in consultation with the client / customer, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the client / customer. If the transfer of the work entails additional costs for Eat & Sea, these will be charged to the client / customer. The client / customer is obliged to pay these costs within the specified period, unless Eat & Sea indicates otherwise.


Article 10. Indemnity
The client / customer indemnifies Eat & Sea against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to other than Eat & Sea. If Eat & Sea is sued by third parties on that basis, the client / customer is obliged to assist Eat & Sea both in and out of court and to do everything that may be expected of him in that case without delay. Should the client / customer fail to take adequate measures, Eat & Sea is entitled to do so itself without notice of default. All costs and damage on the part of Eat & Sea and third parties that arise as a result, are fully for the account and risk of the client / customer.


Article 11. Applicable law and disputes
1. All legal relationships to which Eat & Sea is a party are exclusively governed by Dutch law.
2. The court in The Hague has exclusive jurisdiction to hear disputes.
3. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.


Article 12. Complaints
Orthomolecular therapist mr. ATC van de Velden is affiliated with the Complaints Committee for Alternative Treatment Methods. If you have complaints about the treatment or service, it is good to make this known firstly to your therapist. If a personal consultation or mediation does not yield the desired result, you can use a complaints procedure. You can call in the Complaints Committee for this.  https://kab-koepel.nl/klachten.asp 

 

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