General Terms and Conditions of the sole trader Bio Qi
These General Terms and Conditions are privacy and property of Bio Qi (www.bioqi.nl) and may not be used or copied without prior written permission. Bio Qi reserves the right to change and modify these General Terms and Conditions and all parts, products or services shown on the website: www.bioqi.nl without prior notice. These conditions form part of the treatment agreement between the Client and the Treatment Provider or Contractor.
Bio Qi – Mobile practice for classical and modern acupuncture
Chamber of Commerce number: 59700777
VAT number: NL001984397B43
AGB code practice: 90059132
AGB code Dealer: 90059131
RBCZ License: 90/059131
Wouter van Gijzen
2313 CA Leiden
ZHONG License: 1308770121303 – Wouter van Gijzen – acupuncturist
Article 1: Definitions:
1.1. Contractor: the Dealer, Wouter (Hendrikus Leendert) van Gijzen acupuncturist trades under the name (sole proprietorship) Bio Qi (www.bioqi.nl) and is also affiliated with Zhong, Dutch professional association for traditional Chinese medicine (www.zhong.nl).
1.2. Client: the natural or legal person who, on the basis of an agreement, supplies goods or
services from the Contractor.
1 .3 Practitioner: see Contractor definition.
1 .3. Parties: Client and Contractor.
1 .4. WGBO: Act on the Medical Treatment Agreement.
1.5. These General Terms and Conditions are attached to the agreement that the Client has read and signed prior to the treatment process / one-time treatment. The General Terms and Conditions are therefore in accordance with Article 6: 234 of the Dutch Civil Code (hereinafter referred to as: “BW”). These terms and conditions have been filed with the Chamber of Commerce The Hague.
Article 2: Description Bio Qi
2.1. Bio Qi is an acupuncture practice in Leiden (see above address) and is affiliated with the professional association Zhong Dutch Association for Traditional Chinese Medicine (www.zhong.nl). The treatments are only carried out by (natural person) Wouter van Gijzen who has obtained his integration medicine in (year) and who trades under the name (sole proprietorship) Bio Qi. This is a practice for classical and modern acupuncture (www.bioqi.nl).
2.2. These General Terms and Conditions apply to all (concluded) agreements regarding the delivery of all services (as further agreed with the Client) and goods of Bio Qi. Article 7: 446 et seq. Of the WGBO (see definitions) applies to this assignment agreement.
Article 3: The agreement: rights and obligations
3.1. The provisions contained in these General Terms and Conditions can only be deviated from in writing on the basis of the agreement concluded between the Client and the Contractor.
3.2. The Contractor will follow in accordance with the stipulated provisions as well as the rules of the professional association with which he is affiliated and perform to the best of his knowledge and ability in accordance with the requirements of good workmanship on the basis of the current state of the art.
3.3. The Client provides the Contractor, to the best of its knowledge, with the information and cooperation it reasonably requires for the performance of the agreement (Article 7: 452 of the Dutch Civil Code). This includes in any case the data that the Practitioner indicates that they are necessary, such as: (non-exhaustive): pregnancy or genetic disorders or certain medication use or which the Client should reasonably understand to be necessary for the performance of the agreement, provided to the Dealer in a timely manner.
Article 4: Permission
4.1. For operations to implement a treatment agreement, permission from the client is required (ex art. 7: 450 paragraph 1 et seq. Of the Dutch Civil Code).
4.2. If the client is a minor and has reached the age of twelve but not yet that of sixteen years, the written consent of the parents or guardian who exercises authority over him or her is also required, stating that they have taken cognizance of these General Terms and Conditions. Requirements.
4.3 At the request of the Contractor, the Client must show his proof of identity in order to determine the correct age.
Article 5: Treatment process
5.1 Where ‘full treatment’ is referred to in these terms and conditions, this refers to all treatments that are performed with the aim of investigating the original complaints of the Client and effecting improvement. For new complaints, a separate treatment process applies, for which minors must be given permission again.
5.2. If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or should be declared void, the other provisions of these General Terms and Conditions will remain fully applicable. The Contractor and the Client will then enter into consultation in order to agree new provisions to replace the void or voided provisions, taking into account as far as possible the purpose and scope of the original provisions.
Article 6: Realization agreement
6.1. The medical treatment agreement (hereinafter: “treatment agreement”) is the agreement whereby a person or a legal person in which the care provider – in this case the Contractor – commits himself to another person, the client, in the exercise of a medical profession or company. the performance of acts in the field of medicine directly related to the person of the client or of a specific third party. The person to whom the acts directly relate is also referred to as the patient or in this case the Client (ex article 7: 446 paragraph 1 Dutch Civil Code).
6.2. An agreement between the Client and the Contractor is established through offer and acceptance. The agreement must be recorded in writing.
6.3. The agreements for the treatment process included in the agreement between the Client and the Contractor can supervise both single and complete treatment.
6.4. The General Terms and Conditions apply immediately when scheduling an appointment
provided by the practitioner by e-mail or by other means. Client serves
to agree in writing to these General Terms and Conditions.
Article 7. Prices
7.1. The Client is deemed to know the rates applied by the Contractor (which are increased annually without prior permission) and has agreed to this by signing the Agreement. The rates stated by the Contractor include VAT.
7.2. For every first appointment with a new customer / Client, 15% administration costs will be charged.
7.3. Goods are calculated separately and are independent of the amount charged for handling.
7.4. The Client cannot deviate from this article
7.5. The website (www.bioqi.nl) states that an amount of € 75 will be charged for non-compliance with timely notifications (at least 24 hours in advance) of non-compliance with an appointment for a private treatment For Community Acupuncture this will be € 40,-. Bio Qi reserves the right to adjust this amount annually. This also applies to new customers who have made an appointment but have not yet signed the agreement in writing. Client cannot invoke a right of suspension.
7.6. The Dealer is entitled to suspend its activities if the Client, at its request, does not provide security for payment and other obligations arising from the agreement, without prejudice to the Client’s obligation to reimburse the Dealer’s work already performed and costs incurred.
Article 8. Payment
8.1. The Client must pay the outstanding claim of the Contractor for the execution of the work within two weeks after sending the invoice by transfer to account number NL95 TRIO 0784795452 in the name of Mr. W.H.L. van Gijzen in Leiden.
8.2. The client must pay the invoice (no account is taken of the payment term of health insurers or other institutions) within two weeks of the date of the letter in the manner referred to in Article (8.1).
8.3. In the event of late payment within the period specified in Article (8.2), the Contractor will send a payment reminder to the Client whereby a new period of two weeks will be awarded to make the payment.
8.4. After the period referred to in Article (8.3) has expired, the Client is legally in default and no further notice of default is required. The Client will then owe an interest of 1% per month, unless the legal interest is higher, in which case the legal interest is due.
8.5. Payments can only be made by the Client or his Health Insurer. Client does not accept payments from others (such as: family or friends).
8.6. In the case of cash payment, the Client will receive a (written) proof of payment from the Contractor.
8.7. In the event of non-payment by the Client, the Contractor is entitled to immediately cease its services until the moment of payment of all outstanding invoices without giving any reason. Payment must first be made by the Client, after which the services can be continued on the basis of the previously made payment agreements. The Client is bound by these agreements.
8.8. Under no circumstances does a late payment from a health insurer or other institution constitute a reason for not complying with the payment obligation of the Client to the Contractor.
8.9. In the event of the death, liquidation, bankruptcy or suspension of payment of the Client, the claims of the Contractor and the obligations of the Client towards the Dealer will become immediately due and payable.
8.10. Payments made by the Client always serve to settle in the first place all interest and costs owed, in the second place the due and payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.
8.11. The Dealer is entitled to changes in the cost price of the performance (s) owed by the Contractor after the conclusion of the agreement, as a result of increased labor and material costs, social security charges, government levies, exchange rates and other unforeseen circumstances to the Client. by calculating. This is carried out without prior notice at the prices applied by Bio Qi.
8.12. Every appointment with or without treatment has taken place or has been canceled at least 24 hours in advance will be charged. See Terms and Conditions.
8.13. Complaints regarding invoices and invoice prices must be submitted in writing and must have been received by the Contractor within fourteen days of the invoice date, failing which complaints regarding this will no longer be accepted and the Client will be deemed to have accepted the content of the invoice. The obligation to pay is not suspended by the submission of a complaint. The client must further substantiate the complaints, submitting a complaint does not mean that payment is not required. The payment obligation of the Client towards the Contractor remains. If the Contractor considers the complaint to be unfounded, the invoice must be paid by the Client in accordance with the provisions contained in these General Terms and Conditions. Complaints about other than payment can also be handled in accordance with the complaints procedure of Zhong (www.zhong.nl). If desired, this information is provided by the Contractor to the Client.
8.14. All collection costs, both judicial and extrajudicial, are for the account of the Client. The amount to be collected is also increased by the statutory interest and fees applicable on the invoice date. The costs for engaging legal assistance by the Contractor with a view to any dispute with the Client will also be borne by the Client.
8.15. When ordering goods on behalf of the Client, a purchase obligation applies to the Client for all goods ordered. The associated costs of delivery are also at the expense of the Client. Goods delivered by the Dealer will not be taken back or otherwise compensated. Payment is made in accordance with the provisions of these General Terms and Conditions.
Article 9: Contract duration; execution time
9.1. The agreement is entered into for an indefinite period of time, unless the parties have explicitly agreed otherwise in writing.
9.2. After the expiry of a certain period (as agreed by the Client and the Contractor), the agreement ends by operation of law. Afterwards, the parties are free to conclude a separate additional agreement for the further treatment process.
9.3. In cases where the specified agreed period is exceeded, these apply
Terms and Conditions.
9.4. Client is obliged to pay the invoices in the prescribed manner as laid down in these General Terms and Conditions.
9.5. It is not possible to deviate from these provisions without the Contractor’s permission.
Article 10: Confidentiality
10.1. The Dealer is bound by Article 7: 457 of the Dutch Civil Code.
10.2. Dealer uses all rules that apply from affiliated professional association ZHONG (www.zhong.nl)
10.3. Both parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source in the context of their agreement. Information is considered confidential if this is stated by the other party or if this results from the nature of the information.
10.4. In the event that the Client or Contractor wishes to participate in an investigation (medical or
otherwise) or reporting or publishing each other insofar as it relates to the treatment relationship, inform each other in writing in advance.
10.5. The Client cannot deviate from these rules under any circumstances.
10.6. If these rules are not complied with, the Contractor will be entitled to immediately terminate the treatment as further agreed. In the event of damage, it can be attributed to the Client.
10.7. Upon termination of the treatment relationship, the contractor will destroy the accumulated file at Bio Qi within two years of the last treatment appointment. If desired, the Contractor – after termination of the treatment agreement – will destroy the file within three months (ex art. 7: 455 BW to 7: 457 BW) only at the written request of the Client.
Article 11. Intellectual property
11.1. The Contractor reserves the rights and powers that accrue to it under the Copyright Act.
11.2. All documents provided to the Client, such as reports, advice, sketches, drawings or otherwise, are exclusively intended for use by the Client and may not be reproduced, published, or disclosed to third parties without the Contractor’s prior consent. .
11.3. The Contractor reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.
11.4. Client is bound by these rules and may not deviate from this under any circumstances. In the event of a violation of this article, the resulting damage can be attributed to the Client.
Article 12. Liability
12.1. When entering into the agreement, the Client is fully aware that it is opting for an alternative treatment process.
12.2. Alternative medicine falls outside the scope of regular, university, medicine. The practice of medicine has been reserved since 1865 (Thorbecke’s law) for those who are authorized to do so and nowadays under the Occupational Health and Social Care Act (hereafter: “BIG Act”). The practitioner has stated that he has only completed the Acupuncture Integration Medicine course at Hwa To International University or TCM and is therefore not a medical expert or doctor within the meaning of the Individual Healthcare Professions Act.
12.3. Bio Qi refrains from making statements about sessions, treatments, medication or interventions from other disciplines. Bio Qi makes no statements about subject areas outside of Bio Qi or within the meaning of the BIG Act and has no intention of traversing other treatment, surgery or medication.
12.4. With an alternative treatment process there is an uncertain element, on the basis of which it is not possible for the treatment provider to estimate whether or not the treatment will succeed. Dealer reserves all rights and defenses.
12.5. The Contractor is completely dependent on all information provided by the Client (the Contractor has no insight into medical records or otherwise, such as a doctor or medical expert within the meaning of the Individual Healthcare Professions Act) and acts on the basis of the knowledge provided by him. The Contractor is also not liable for unknown or unforeseeable side effects.
12.6. The Contractor is not liable for the absence of the intended effect during or after a treatment. Client has consciously opted for an alternative treatment process.
12.7. Bio Qi can only be held liable – insofar as this would be acknowledged, which liability is disputed in advance by Bio Qi – for transactions such as those described in the WGBO. The contractor is not liable for any unexpected side effects of the treatment outside the WGBO, of which, also before starting the treatment, it was not sufficient reason to assume that these side effects could occur.
12.8. The treatment provider is only liable for direct damage as a result of the treatment that must be directly related to the treatment given. Direct damage is exclusively understood to mean the reasonable costs for determining 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 remedy the defective performance of the Dealer. to have the agreement answered, insofar as these can be attributed to the Dealer and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.
12.9. The Dealer is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
12.10. The handler cannot be held liable for intent or gross negligence on the part of the Client.
12.11. 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 Contractor.
12.12. Damage to third parties caused by the Client cannot be attributed to the Contractor under any circumstances. Fines for speeding, wrong parking or otherwise cannot be regarded as damage and the Contractor is not liable for this.
Article 13: Treatment on location
13.1. Treatment on location means that the treatment provider will, at the request of the Client, go to a location to be specified later, as specified in the agreement concluded between the parties.
13.2. The Client is fully responsible and liable in the sense of the WGBO for the location and the associated outbuildings as well as all means used where the Dealer will perform the work at the Client’s request.
13.3. Further deviating agreements other than those mentioned in these General Terms and Conditions must be agreed in writing in advance.
13.4. Client is fully liable in case of fire or accidents due to the environment or other defects.
13.5. The contractor is only responsible for the items it has brought with it for treatment on location.
13.6. The Client must adhere to the WGBO and the Contractor’s guidelines for carrying out the treatment on location. This means that the following guidelines must be observed: at least 200 centimeters wide, minimum height of 230 centimeters smoke-free workspace with a dry surface. Practicability of the hygiene regulations of Zhong, which can be found on www.zhong.nl and www.bioqi.nl. These regulations will be sent to the Client by the Contractor upon conclusion of the assignment at another location (as referred to in these General Terms and Conditions). From that moment, these will form part of the agreement between the Contractor and the Client. Further requirements may be set depending on the location. These are also handed over to the Client with the signing of the agreement.
13.7. The Dealer is not responsible for the hygienic conditions on location at the Client. The Client must adhere to all guidelines and instructions from the Dealer.
13.8. Any liability regarding location is rejected.
13.9. The Dealer is free to refuse the treatment on location if the Client has not complied with its guidelines and instructions. In that case, half of the invoice will be charged and must be paid by Client in the prescribed manner in these General Terms and Conditions.
13.10. Extra travel costs / car costs and the purchase of special attributes that are necessary for the execution of the assignment or the engagement of extra assistants will be charged to the Client. Client must give prior written permission for this. In the event of a refusal, the Contractor is entitled to suspend the execution of the assignment or to dissolve the agreement.
13.11. Filming and / or making image material and / or audio material from a treatment is only permitted with the permission of the Dealer. The Client must request permission from third parties separately, the Contractor does not guarantee this.
13.12. All other deviations from the location or changes must be notified in writing to the practitioner two days prior to the scheduled appointment for treatment on location. If this does not happen and if the practitioner considers that the presence at the location is not safe in accordance with the rules announced by him beforehand, the Practitioner is free not to perform the assignment. In that case too, half of the invoice will be charged.
13.13. All extra requests that fall outside the agreed treatment time will be charged at the same rate per hour. The practitioner does not request extra permission for this, it is up to the Client to keep an eye on the time for the agreed treatment on location and to monitor it.
13.14. If during a treatment on location due to circumstances – which cannot be attributed to the Practitioner – the treatment on location must be discontinued, half of the invoice will also be charged to the Client.
Article 14. Complaints procedure and disciplinary law.
14.1. In the event of a dispute, the complaints procedure of the Dutch Association for Traditional Chinese Medicine ZHONG (NVTCG ZHONG) must first be followed. The purpose of this regulation is to maintain the professional practice of the affiliated members at a responsible level. Disciplinary law offers the possibility to test the therapist’s behavior in the event of negligence. This information is provided by the Contractor to the Client at all times on request.
14.2. On the basis of membership, the Dealer must fully subscribe to and follow up these complaints and disciplinary rules.
14.3. A complaint in writing is handled by the complaints counselor insofar as it relates to the behavior of registered, practicing TCG therapists from NVTCG ZHONG.
14.4. Behavior is understood to mean all acts or omissions thereof, as well as taking decisions that have consequences for a person requesting care.
14.5. If the complainant is open to mediation via the internal complaints procedure, the complaints counselor will try to resolve the problem between the complainant and the Dealer through a fair hearing. All this with mutual approval of parties.
14.6. If this procedure does not lead to a solution that is satisfactory to both parties, the complaint can be submitted to the Disciplinary Court for Natural Healthcare Professionals.
14.7. For both procedures, the Dealer is obliged to provide the procedure instructions and the addresses.
14.8. The Client cannot deviate from the prescribed procedure.
Article 15. Force majeure
15.1. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood by law and case law, all external causes, foreseen or unforeseen, over which the user cannot exercise any influence, but as a result of which the user is unable to fulfill his obligations. . Strikes at the Dealer are included.
15.2. The Dealer also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the Dealer should have fulfilled his obligation.
15.3. During the period of force majeure, the Dealer’s obligations are suspended. If the period during which force majeure makes it impossible for the Dealer to fulfill its obligations lasts longer than two months, both parties are entitled to terminate the agreement without there being any obligation to pay compensation or to be incurred in that case. This period starts to run after the Operator first indicates in writing that he is unable to fulfill his obligations under the agreement due to unforeseeable circumstances or due to an invasion of force majeure. The Client is not free to designate a moment before the start of the period.
Article 16: Recourse to settlement excluded
16.1. Under no circumstances is the Client entitled to appeal to settlement.
16.2. The Client is at all times obliged to comply with its payment agreements vis-à-vis the Contractor.
Article 17 Applicable law and court.
17.1. Dutch law (see, among other things, WGBO) applies to these General Terms and Conditions and all matters to which these terms and conditions apply.
17.2. All disputes between the parties regarding the interpretation or application of these General Terms and Conditions must, subject to the possibility of the complaint procedure prescribed in these General Terms and Conditions, be submitted to the competent court in The Hague.
17.3. The Dutch text of the General Terms and Conditions and the regulations declared applicable therein are always decisive for the interpretation thereof.
Article 18: Statement of agreement General Terms and Conditions by the Client
18.1. The Client must indicate in writing in a clear and recognizable manner that they have received these General Terms and Conditions (this complies with Article 6: 234 of the Dutch Civil Code), has read them and agrees to them.
18.2. The Contractor cannot verify whether the Client is drunk or under the influence of narcotics in the statement of approval. The Contractor cannot be held liable for this.
18.3. For approval, an e-mail must be sent to the Contractor in which the Client indicates to agree with these General Terms and Conditions (see article 18.1).
original conditions are in Dutch