General Terms and Conditions – The Chronic Solution

 

These are the general terms and conditions of The Chronic Solution. The Chronic Solution, a sole proprietorship represented by Orthomolecular Advisor Floris Koopmans, hereinafter referred to as “The Chronic Solution”, is statutorily established in Rotterdam and has its office at Buitenbassinweg 362. The Chamber of Commerce (KvK) number is 92396356. If you have any questions, you can contact us via [email protected], or +31 6 54 97 1000, or by mail: THE CHRONIC SOLUTION, Buitenbassinweg 362, 3063 TC Rotterdam. THE CHRONIC SOLUTION reserves the right to amend these general terms and conditions. If a provision of these General Terms and Conditions proves to be invalid due to the application of law, regulation, or a definitive decision by a competent court, all other provisions of the General Terms and Conditions shall remain fully in force.

The Chronic Solution and the client each take responsibility in the treatments as agreed upon. The naturopathic treatment can complement conventional medicine but does not replace it. The client always consults their treating physician first in case of complaints.

Article 1. General

These conditions apply to every agreement made between The Chronic Solution and a client. The present conditions also apply to agreements with The Chronic Solution, for the execution of which The Chronic Solution needs to involve third parties. If a situation not covered by these general terms and conditions arises between the parties, then this situation must be assessed according to the spirit of these general terms and conditions.

Article 2. Treatment

The agreement between The Chronic Solution and the client is entered into for the duration of the treatment. The Chronic Solution will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship; The Chronic Solution has a duty of effort based on the state of science at that time. The client ensures that all data, which could reasonably be important for the good execution of the treatment, are communicated to The Chronic Solution in a timely manner. The Chronic Solution has the right to have certain tasks 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. If The Chronic Solution or third parties engaged by The Chronic Solution perform work at the client’s location or a location designated by the client, the client will provide the facilities reasonably desired by those employees at no cost. Appointments that cannot be met must be canceled at least 48 hours before the treatment – not counting weekend days. If the appointment is not canceled or canceled within 48 hours before the appointment, The Chronic Solution reserves the right to charge for the reserved time. This amount is equal to the full and current consultation rate.

Article 3. Payment and Collection Costs

Payment must always be made after treatment within 14 days from the invoice date, in the manner indicated by The Chronic Solution in the currency in which it was invoiced. The Chronic Solution is entitled to invoice periodically. If the client fails to pay an invoice on time, the client is by default in default. The client is then due 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 the client is in default until the moment of payment of the full amount due. If the client is in default, then all reasonable costs to obtain satisfaction out of court are for the account of the client. The extrajudicial costs amount to at least 15% of the principal sum or the remainder thereof, increased by the statutory interest, with a minimum of €25 excluding VAT. However, if The Chronic Solution has made higher collection costs that were reasonably necessary and the client is a business client, the actually incurred costs are eligible for reimbursement. The possible legal and execution costs will also be recovered from the client. The client is also due interest on the owed collection costs.

Article 4. Liability

The Chronic Solution is not liable for damage of any kind caused by The Chronic Solution relying on incorrect and/or incomplete information provided by or on behalf of the client. The Chronic Solution is also not liable if advice is not or incorrectly followed. In the execution of the services of The Chronic Solution, there is a duty of effort. If The Chronic Solution should be liable for any damage, the liability of The Chronic Solution is limited to the amount of the payout by its insurer in such a case. The Chronic Solution is in no way liable for the quality and composition of the supplements it advises. The supplier of these supplements is responsible for this. The Chronic Solution will cooperate as much as possible in the correct handling of a complaint about the advised supplements. The Chronic Solution is not liable insofar as damage results from the fact that the client has not properly followed oral or written advice by The Chronic Solution. The Chronic Solution is never liable for consequential damage, lost profit, missed savings, and damage due to business stagnation. The client is obliged to take all measures necessary to limit the damage for which he/she wants to hold The Chronic Solution liable. The Chronic Solution does not give any medical guarantee nor is it liable in any way for medical complications that occur at or after the execution of its service to the client, which are not due to a significant attributable shortcoming of The Chronic Solution. The Chronic Solution is in no way liable for consequential damage. The client is obliged to pass on all relevant information about the medical situation and history, the use and change of medication to The Chronic Solution. The advice or offers resulting from the treatments are valid for a maximum of three months, unless verbally or in writing indicated shorter. After that, the advice must be re-evaluated in an individual consultation or be discontinued. 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 Chronic Solution.

Article 5. Privacy & Confidentiality

Both parties are mutually obliged to confidentiality of all confidential information they have obtained in the context of the execution of the agreement from each other or from another source. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. Medical information is in any case confidential within the meaning of this article. The Chronic Solution will not hand over this information to third parties unless The Chronic Solution is obliged to do so or has obtained permission.

Article 6. Termination of Agreement

Unless otherwise determined, the agreement is entered into for the duration of the treatment. Each of the parties is, without prejudice to the right to compensation of costs, damage, and interest, entitled to terminate the agreement without judicial intervention with immediate effect by registered letter if; the other party has failed to fulfill one or more of its obligations and is negligent in meeting its obligations within a term set for compliance by registered letter, unless the shortcoming(s) are of such minor significance that they do not reasonably justify termination. bankruptcy or suspension of payment is applied for or granted to the other party, or measures are taken If The Chronic Solution terminates the agreement early, The Chronic Solution will consult with the client to ensure the transfer of any work still to be performed to third parties. This unless the termination is attributable to the client. If the transfer of the work incurs additional costs for The Chronic Solution, these will be charged to the client. The client is obliged to pay these costs within the named term, unless The Chronic Solution indicates otherwise.

Article 7. Indemnification

The client indemnifies The Chronic Solution for any claims by third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to others than The Chronic Solution. If The Chronic Solution is thereby approached by third parties, the client is obliged to assist The Chronic Solution both outside and in legal proceedings and immediately do everything that may be expected in that case. If the client fails to take adequate measures, then The Chronic Solution is entitled, without notice, to proceed to do so. All costs and damage on the part of The Chronic Solution and third parties thereby incurred, are fully for the account and risk of the client.

Article 8. Applicable Law and Disputes

All legal relationships in which The Chronic Solution is a party are exclusively governed by Dutch law. The court of Midden-Nederland is exclusively authorized to take cognizance of disputes, unless the law prescribes otherwise. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Article 9. Rates

The service provider is entitled to increase the agreed prices and rates, among other things, in the case of interim increases and/or surcharges on goods prices, costs of materials, semi-finished products or services that are necessary for the execution of the agreement, shipping costs, wages, or social charges, devaluation of the agreed currency, and all other government measures that have a price-increasing effect causing the cost price to increase. In such a case, the person concerned will be informed as soon as possible.

If the client arrives later than the agreed time, this time will be deducted from the agreed consultation time, so that subsequent clients do not suffer any inconvenience.

The Chronic Solution reserves the right to change the rates.

Article 10. Complaints

If you have complaints about the treatment, it is good to make this known to Floris Koopmans. If a personal conversation or mediation does not provide the desired result, you can use a complaint procedure. You can engage the Complaints Committee for this purpose.

The client is obliged to report complaints about the work performed in writing to The Chronic Solution no later than 30 days after discovery, but in any case within 60 days after completion of the respective work, failing which the right of the client to claim that the work does not correspond to the agreement expires.

These general terms and conditions can be changed and adjusted by The Chronic Solution at any time. This also applies to all information provided on the website as well as the data and conditions of opening hours, workshops, consultation hours, and other activities. Any future adjustments and changes also apply to agreements that were concluded before the date of amendment and adjustment unless explicitly agreed otherwise in writing.

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