Terms and Conditions
General Terms and Conditions (AV) of Aschwin van Diermen, Practice for Orthomolecular Therapy “(Innerfreshk)” (hereinafter: Innerfresh), established in Maastricht and registered with the Chamber of Commerce under number 14084394 . The General Terms and Conditions have been filed with the Chamber of Commerce under the same number. Only these general terms and conditions apply. Deviating conditions are not accepted.
Innerfresh reserves the right to change these terms and conditions for the future. Changes to the general terms and conditions will only take effect after they have been clearly announced by Innerfresh.
If any provision of these Terms and Conditions proves to be invalid due to the application of law, regulations or a final decision by a competent court, all other provisions of the Terms and Conditions will remain in full force.
Article 1. General
These conditions apply to every agreement concluded between Innerfresh and a client.
These terms and conditions also apply to agreements with Innerfresh, for the implementation of which third parties must be involved by Innerfresh.
If a situation arises between parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
Article 2. Treatment
The agreement between Innerfresh and the client is entered into for the duration of the treatment.
Innerfresh will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship; Innerfresh has a best effort obligation. All this on the basis of the current state of science.
The Client ensures that all data that can reasonably be important for the proper execution of the treatment are communicated to Innerfresh in a timely manner.
Innerfresh has the right to have certain work done by third parties. The applicability of Article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
If activities are carried out by Innerfresh or third parties engaged by Innerfresh in the context of the assignment at the location of the client or a location designated by the client, the client shall provide the facilities reasonably required by those employees free of charge.
Appointments that cannot be fulfilled must be canceled no later than (enter 24 or 48 or otherwise) hours before the treatment - not counting weekend days. In case of non-cancellation or cancellation within (to be completed, 24 or 48 or otherwise) hours before the appointment, Innerfresh reserves the right to charge the reserved time.
Article 3. Payment and collection costs
Payment must always be made after treatment via a PIN transaction or cash. If necessary Innerfresh is entitled to invoice periodically.
If the client fails to pay an invoice on time, the client will be in default by operation of law. The client 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 and payable 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, all reasonable costs to obtain satisfaction out of court will be borne by the client. The extrajudicial costs amount to a minimum of 15% of the principal sum or the remainder thereof, plus statutory interest, with a minimum of € 85 including turnover tax.
However, if Innerfresh has incurred higher collection costs that were reasonably necessary and the client is a business client, the actual costs incurred will be eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the client. The client also owes interest on the debt collection costs owed.
Article 4. Liability
Innerfresh is not liable for damage, of whatever nature, caused by Innerfresh assuming incorrect and / or incomplete information provided by or on behalf of the client. Innerfresh is also not liable if advice is not or incorrectly followed.
If Innerfresh should be liable for any damage, Innerfresh's liability is limited to the amount of the payment from its insurer, if applicable.
Innerfresh is never liable for consequential damage, loss of profit, missed savings and damage due to business interruption.
Innerfresh 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. Innerfresh will cooperate as far as it can in the correct handling of a complaint about the recommended supplements, medicines.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Innerfresh.
Article 5. Privacy
Innerfresh will treat all information regarding the client that it obtains during the execution of the treatment confidentially and will not make this information available to third parties, except insofar as Innerfresh is obliged to do so or has obtained permission.
Article 6. Termination of the agreement
Unless otherwise stipulated, 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 dissolve 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 to fulfill its obligations within a period set for it by registered letter for fulfillment, unless the shortcoming (s) is (are) of such minor significance that it is reasonably not justify dissolution.
- bankruptcy or suspension of payment is requested or granted for the other party, or measures are taken
If the agreement is terminated prematurely by Innerfresh, Innerfresh will arrange for the transfer of work still to be performed to third parties in consultation with the client. This unless the cancellation is attributable to the client. If the transfer of the activities entails additional costs for Innerfresh, these will be charged to the client. The client is obliged to pay these costs within the aforementioned term, unless Innerfresh indicates otherwise.
Article 7. Indemnification
The client indemnifies Innerfresh against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than Innerfresh. If Innerfresh is held liable by third parties for this reason, the client is obliged to assist Innerfresh both in and out of court and to immediately do everything that may be expected of him in that case. If the client fails to take adequate measures, Innerfresh is entitled, without notice of default, to do so itself. All costs and damage on the part of (name of practice) and third parties arising from this are fully for the account and risk of the client.
Article 8. Applicable law and disputes
Dutch law is exclusively applicable to all legal relationships to which Innerfresh is a party.
The Limburg Courthouse, location Maastricht, has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise.
Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
Article 9. Complaints
Orthomolecular therapist AA van Diermen fish affiliated with the Alternative Treatment Complaints Committee. If you have complaints about the treatment, it is good to make this known. If a personal conversation or mediation does not produce the desired result, you can use a complaint procedure. You can engage the Complaints Committee for this.