General terms and conditions of MAMADOULA & Praktijk Beker, established at Dirck van Swietenlaan 20, 2342 BE Oegstgeest, registered at the Chamber of Commerce under number 27319552. In the text Praktijk Beker also refers to MAMADOULA.

 

Article 1 | Validity of these terms and conditions

1.1 These terms and conditions apply to all agreements entered into with Praktijk Beker. An agreement covers the provision of a service within the framework of complementary care, but also the sale of products within the framework of this complementary care.
1.2 These conditions apply to all offers made by Praktijk Beker complementary therapist/coach, regardless of whether this has resulted in an agreement.
1.3 In these conditions Praktijk Beker is referred to as the Contractor, while the other party, the client, is further referred to as the Principal. A client may be a natural or legal person.
1.4 The client's general or delivery terms and conditions do not apply unless they have been accepted in writing by the Contractor.
1.5 The order to perform a complementary care treatment or the order of products by the client is considered as acceptance of these general terms and conditions. Special provisions deviating from these General Terms and Conditions shall be binding only if agreed in writing.

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Article 2 | Offers

2.1 All offers and/or quotations are without engagement, unless explicitly stated otherwise.
2.2 Verbal offers by Praktijk Beker or its subordinates are not binding unless confirmed by him in writing.

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Article 3 | Agreements

Arrangements or agreements with the staff of Praktijk Beker complementary therapist/coach do not bind the latter, insofar as they have not been confirmed in writing by the owner of Praktijk Beker. In this context, personnel are to be considered all employees and staff who do not have power of attorney, or personnel hired by Praktijk Beker from third parties or by self-employed persons.

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Article 4 | Agreement

4.1 The agreement to provide complementary care or the sale of products within the scope of such care will only become binding by Praktijk Beker's written confirmation. This written confirmation (treatment agreement or order confirmation to supply products) can be sent by email or printed by mail.
4.2 Any agreement entered into with Praktijk Beker complementary therapist/coach contains the resolutive condition that the client will prove to be of sufficient creditworthiness. This assessment will be made exclusively by Praktijk Beker complementary therapist/coach. The Client will allow Praktijk Beker complementary therapist/coach to request information regarding him/her if necessary.

4.3 Data and/or information which Praktijk Beker complementary therapist/coach makes available to the client, such as work programs, trainings and materials for meditation, education and massage etc. as well as data in printed matter, drawings, images etc. by Praktijk Beker complementary therapist/coach, are not binding for Praktijk Beker complementary therapist/coach and are given in good faith. It is the client's duty to ensure that the aforementioned materials are neither copied nor made available to third parties or that their contents are disclosed to third parties.

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Article 5 | General terms and conditions of contract partners and/or third parties

5.1 Praktijk Beker will only accept the applicability of general terms and conditions of contract partners and/or third parties if these are expressly agreed in writing.
5.2 However, any applicability of the aforementioned general terms and conditions shall not affect the applicability of the general terms and conditions of Praktijk Beker complementary therapist/coach.
5.3 General terms and conditions will only be accepted by Praktijk Beker under the aforementioned conditions and will only apply to the intended transaction. Subsequent transactions will not automatically be handled again through those purchase conditions.

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Article 6 | Intellectual property rights

6.1 On all designs, images, drawings, models and texts provided by Praktijk Beker he reserves all intellectual property rights. Reproduction, disclosure and copying are only permitted with the express written consent of Praktijk Beker.
6.2 The designs, images, drawings, texts and models referred to in the first paragraph remain the inalienable property of Praktijk Beker and must be returned without delay at its first request. For each act performed in violation of this provision, the Other Party shall be liable to pay a penalty of €5,000.00, without prejudice to Praktijk Beker's right to claim full damages.

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Article 7 | Obligations of Praktijk Beker

7.1 Praktijk Beker is obliged to perform the complementary care tasks according to the provisions of the agreement. These provisions will be recorded in writing in the treatment agreement.
7.2 Praktijk Beker will carry out the treatments to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, guidelines of the professional groups/professional organizations and the legislator.
7.3 Praktijk Beker will treat all data of the client in accordance with the guidelines as contained in the AVG., the General Data Protection Regulation.
7.4 Praktijk Beker will keep all information and the content of conversations conducted under a duty of confidentiality. Information is considered confidential if this has been communicated by the client or if this results from the nature of the information. Information is considered confidential if this has been communicated by the client or if this results from the nature of the information.The confidentiality lapses if, by virtue of a statutory provision or court order Praktijk Beker is obliged to disclose said confidential information to the legislator or his/her authorized representative.

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Article 8 | Obligations of the client

8.1 The client shall ensure that Praktijk Beker can dispose of in a timely manner;

a. About the (medical) data necessary for the set-up of the work and if necessary also about the medical permission of an authorized person registered in the BIG-register. Should consultation with Praktijk Beker complementary therapist/coach be necessary or desired, then consultation with the BIG registered expert can be held with the consent of the client.
b. About the space where the work is to be performed, if it has been agreed that the treatments will be performed at the client's location.
c. About sufficient opportunity for supply of products and other supplies.
d. About connection possibilities for electrical appliances, lighting, heating, water and other energy necessary for the execution of the work must be present within 25 meters.

e. About the possibility of being allowed to use a secure wifi network.8.2 Praktijk Beker sets as a condition for treatment that the client presents all his medical complaints, problems and questions to the (family) doctor and / or specialist, and also follows the diagnosis and related medical advice of the doctor.Even if this means that the doctor advises to stop the treatments at Praktijk Beker.Praktijk Beker always respects and acts according to the medical prescriptions of (family) doctors. Practice Beker does not make medical diagnoses.
8.3 The client is obliged to provide, without claiming compensation, water, gas, electricity, if the treatments take place at the client's location.

8.4 If the client has reserved to itself the supply of certain materials and/or the execution of certain parts of the agreement, it shall be liable for untimely supply or untimely execution thereof.

8.5 If the commencement or progress of the work is delayed by factors for which the client is responsible, the resulting damage and costs for Praktijk Beker may be charged to the client.
8.6 If the client is prevented from attending an appointment, he must cancel the appointment with Praktijk Beker by telephone or email as soon as possible, but not later than 24 hours before the appointment. If the client fails to do so, Praktijk Beker will charge the full amount for the agreed treatment.
8.7 The client shall provide Praktijk Beker with all data, which the legislator has determined that said data are necessary - to be provided.

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Article 9 | Subcontracting work to third parties

The Client gives Praktijk Beker permission to engage the help and expertise of third parties for the performance of the order. Praktijk Beker assesses per situation whether this is necessary and always explains this choice to the client before taking the step to consult the external expert. If the client does not wish this, it will be respected and the desired expert will not be consulted.

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Article 10 | Prices

10.1 If, after the time of acceptance of the order, changes are made by the government or trade unions to wages, working conditions, or social provisions, each of the parties has the right to demand full settlement.
10.2 Unforeseen interim changes in material prices may be passed on.
10.3 If the price fluctuation exceeds 5% of the agreed transaction, both parties have the right to demand full settlement.

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Article 11 | Materials

11.1 Unless otherwise agreed, normal trade quality of the products will be delivered and processed.
11.2 Slight deviations in quality, color, hardness, thickness, etc., do not constitute grounds for rejection. In assessing whether a delivery deviates beyond permissible limits, an average must be taken from the delivery. Minor changes (e.g. minor model changes) of or to the articles forwarded by Praktijk Beker do not constitute grounds for rejection.

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Article 12 | Additional and less work

12.1 The work includes only that which has been agreed between the parties in writing.
12.2 During complementary care treatments, additional work ordered verbally or in writing by the client is eligible for settlement. This concerns work that was not included in the (treatment) agreement.
12.3 Costs incurred by Praktijk Beker due to circumstances beyond its control may be charged to the Principal.

12.1 The work includes only that which has been agreed between the parties in writing.

Article 13 | Cancellation
13.1 If the Principal cancels the order and/or refuses to take delivery of the products, he shall be obliged to accept and pay for the materials already purchased and/or hours worked by Praktijk Beker in connection with the preparation of the order, whether or not processed at the cost price, including wages and social security charges, and shall otherwise be obliged to pay Praktijk Beker complementary therapist/coach full compensation for what has already been performed.
13.2 The Client shall also owe Praktijk Beker as compensation the amount of 1/3 of the agreed price.Client is furthermore obliged to indemnify Praktijk Beker against claims of third parties as a result of the cancellation of the order and/or refusal of the products.
13.3 Without prejudice to the previous paragraph of this article, Praktijk Beker reserves all rights to claim full performance of the Agreement and/or full compensation for damages.
13.4 The granting or non-granting of subsidies, allowances or other forms of compensation or financing will never be a reason to cancel given orders, unless otherwise agreed in writing between the client and Praktijk Beker.

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Article 14 | Delivery deadlines

 14.1 The agreed delivery periods are not deadlines, unless explicitly agreed otherwise. In the event of late delivery, the Client must give Praktijk Beker written notice of default.
14.2 The delivery periods have been determined in the expectation that there will be no impediments for Praktijk Beker to start the implementation of the order to perform complementary care treatments.14.3 If ordered goods have not been taken by the Principal after the delivery terms have expired, these goods will be stored at his/her disposal at his/her expense and risk.
 

Article 15 | Complaints

15.1 Immediately after delivery of the goods the Client is obliged to inspect them thoroughly for defects and in the presence thereof, to inform Praktijk Beker immediately in writing.This provision also applies to treatments carried out in the context of complementary care, as described in the treatment agreement.

15.2 If within 8 days after the day of delivery or treatment the Principal does not point out Praktijk Beker any defects, which could have been detected on thorough examination, the Principal will be deemed to agree with the state in which the purchased item has been delivered or the service has been purchased, and any right to complain will lapse.

15.3 Practice Beker must be enabled to check complaints submitted. In the event of agreement, a written statement will be drawn up to be signed by both parties.
15.4 If, in the opinion of Praktijk Beker, the complaint is correct, Praktijk Beker will either pay fair compensation up to a maximum of the invoice value of the delivered goods and services or ensure that the defects that have occurred are remedied.

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Article 16 | Liability

16.1 Praktijk Beker is not liable for the costs, damages and interest that may arise as a direct or indirect result of:
a. Force majeure, as further described in these terms and conditions;b.Acts or omissions of the client, his subordinates, or other persons employed by him or on his behalf;c. Damage to the delivered goods as a result of external mechanical, chemical or biological influences;
d. Any other external cause.
16.2 Praktijk Beker will be liable up to the amount covered by its insurance for the services provided as agreed in the treatment agreement - or up to the invoice value for damage to equipment and goods. Statutory liability will apply only insofar as caused by the fault of Praktijk Beker or those who have been employed by Praktijk Beker complementary therapist/coach on the work(s) assigned to Praktijk Beker.
16.3 Information and advice provided by the Contractor are of a general nature only and without obligation. Praktijk Beker is not liable for damages of any kind arising from misinterpretation thereof by the Client.

16.4 Praktijk Beker is not liable for damages of any kind, arising because Praktijk Beker has relied on incorrect and/or incomplete information provided by the client about relevant physical and or psychological conditions, use of medication, work or certain leisure activities.
16.5 Any participation in a treatment, course or workshop is at the client's own risk.16.6 Praktijk Beker will never be liable for consequential damage.

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Article 17 | Force majeure

17. 1 Exceptional circumstances, such as storm damage and other natural disasters, hindrance by third parties, hindrance in transport in general, full or partial strikes, riots, war or danger of war both here and in the country of origin of the materials, exclusions, loss of or damage to goods during transport to Praktijk Beker or the client, non-delivery or late delivery of goods by suppliers of Praktijk Beker ex- and import bans, full or partial mobilisation, obstructive measures by any government, fire, breakdowns and accidents in the company or in the means of transport of Praktijk Beker, or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the actual circumstances, will constitute force majeure for Praktijk Beker, which relieves Praktijk Beker of its obligation to supply products c. c. execution of the treatments, without the client being able to claim any right to compensation of whatever nature or however called.
17.2 In these or such cases Praktijk Beker shall be entitled, at its sole discretion, to either cancel or suspend or modify the agreement until the exceptional circumstances have ceased to exist, whereby the client shall be obliged to pay for any performance delivered.

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Article 18 | Retention of title

18.1 As long as Praktijk Beker has not received full payment concerning an agreement between the parties relating to the execution of complementary care treatments or the sale of products (including any damages, costs and interest), the delivered goods will remain the property of Praktijk Beker.
18.2 Praktijk Beker has the right to reclaim and take possession of these goods if the negligent client fails to meet his obligations, if he goes into liquidation, applies for or has obtained a moratorium, is declared bankrupt or the goods are seized.
18.3 All acts of disposition with respect to the sold and delivered goods, the customer is prohibited, as long as he has not fulfilled his payment obligations.
 

Article 19 | Default and termination

19.1 If the client commits a breach of contract in any way, he will be in default for that alone without any notice of default being required. Without prejudice to the provisions of the Dutch Civil Code, Praktijk Beker will, in the event of default, be entitled to suspend the concluded agreement, to declare it dissolved in whole or in part without judicial intervention, at its discretion.

19.2 Praktijk Beker will also have the rights specified in the preceding paragraph of this Article if the Principal is declared bankrupt or bankruptcy is applied for, if he has applied for or obtained a moratorium, if his immovable property is seized, if his company is liquidated or taken over by a third party or third parties, or if he intends to leave the Netherlands permanently. In all these cases all claims which Praktijk Beker complementary therapist/coach has on the client will be immediately due and payable. 

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Article 20 | Payment
20.1 Unless expressly agreed otherwise, the terms of payment are: Goods and services will be invoiced and must be credited to the Contractor's account before or no later than the day of commencement, or paid in cash upon completion.
20.2 Every payment made by the Client shall primarily serve to pay the interest owed by him as well as the extrajudicial and judicial costs, as described below, and shall thereafter be deducted from the oldest outstanding claim.
20.3 The Client shall be in default by the mere expiry of the aforementioned period of seven days from the date of invoice, without notice of default being required.
20.4 If the aforementioned payment term of seven days is exceeded, the client shall owe interest of 1% per month, whereby a part of a month shall be counted as a whole month.
20.5 All judicial and extrajudicial costs which the Contractor has to incur in connection with non-performance/shortcomings by the Principal will be borne by the Principal.
20.6 In the event of late payment, the extrajudicial collection costs will be at least 10% of the amount to be collected, with a minimum of 97.50 euros.

20.7 The Contractor shall be entitled to suspend its work, even if a fixed delivery time has been agreed, if the Principal is in default of its payment obligations.
20.8 The contractor shall always be entitled, before delivering or proceeding with delivery or fulfilling the order, to require such security for the fulfilment of the client's payment obligations as he deems sufficient. Refusal by the Client to provide the required security shall entitle the Contractor to terminate the Agreement by means of a written statement to that effect, without prejudice to the Contractor's right to compensation for expenses and loss of profit.

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Article 21 | Disputes

21.1 All disputes arising from the Agreements concluded between the Parties, including the mere collection of amounts due, will be brought before the Civil Court of Praktijk Beker's place of business, if the latter so desires, insofar as the Civil Court is authorised to do so by law.
21.2 The choice of forum mentioned in the previous paragraph does not, however, affect the right of Praktijk Beker to submit a dispute to the Disputes Committee under the Wkkgz Act. Youth Care.
21.3 The National Ombudsman handles complaints about youth care, if there is assistance in a so-called forced framework such as in the case of a supervision order pronounced by a court. Practice Beker has the right to submit a dispute in the context of the complementary care provided to the National Ombudsman.For complaints for voluntary youth care, Praktijk Beker can turn to the AKJ confidants in youth care.