Algemene voorwaarden Kick your Habits

1. Definitions

In these General Terms and Conditions (hereafter referred to as: “Conditions”) the following terms shall be defined as follows:

1.1 “Client”; every natural person or legal person, whom has been in contact with Sijthoff & Van Empel to make use of the services provided by Sijthoff & Van Empel, including its representative(s), authorized party/parties, legal successor(s) and heir(s).

1.2 “Employees”; (including) doctors, psychiatrists, psychologists, psychotherapists, counselors, personal assistants, nurses, administrative personnel employed by Sijthoff & Van Empel and the board members of Sijthoff & Van Empel.

1.3 “Agreement”; the written assignment, which includes these Conditions, in which agreements are made between Sijthoff & Van Empel and Client regarding the treatment of Client and the corresponding costs.

2. Applicability of the conditions

2.1 These conditions shall apply to all offers, all (treatment) agreements and all related juridical acts between Sijthoff & Van Empel, her employees and any third parties called in by her, and the client.

2.2 Special conditions that deviate from the conditions set by Sijthoff & Van Empel are only binding if these have been explicitly agreed upon by both parties, in writing and signed.

2.3 The client previously contracted under these conditions accepts the applicability of these conditions to contracts it subsequently enters into with Sijthoff & Van Empel.

2.4 If any provision of these conditions is null and void, the other provisions of these conditions are still enforced.

3. Offers

3.1 Unless stated otherwise in writing, all offers made by Sijthoff & Van Empel are non-binding. All prices, including the price lists provided in documentations, are guide prices.

3.2 If the client provides Sijthoff & Van Empel with information, Sijthoff & Van Empel may assume that the information is correct and she will base her offer on this information.

3.3 If the offer is not accepted, Sijthoff & Van Empel holds the right to bill the client with any and all costs she had to make to propose the offer.

4. The agreement

4.1 An agreement shall be deemed a valid contract after written confirmation by Sijthoff & Van Empel of the oral or written application for a consult/treatment.

4.2 Sijthoff & Van Empel is authorized -if deemed necessary or useful- to call in the services of third parties for the proper execution of the agreement as signed by the client, the costs of which will be charged to the client in accordance with the quotations given.

4.3 Sijthoff & Van Empel reserves the right to refuse treatment in cases where a treatment provided by Sijthoff & Van Empel cannot be deemed responsible. In this case, the client will be notified posthaste. Sijthoff & Van Empel will, if possible, be helpful in the pursuit of other treatment possibilities. Sijthoff & Van Empel cannot be held responsible for the reimbursement of costs or damages incurred by not being able to participate in the treatment.

4.4 The agreement is entered into for the duration of the treatment.

5. Changes in an agreement

5.1 Deviations from and additions to any provision in an agreement are only valid if explicitly agreed in writing by Sijthoff & Van Empel and are only applicable to the agreement in question.

6. Consult

6.1 Appointments for a consult can be canceled up to 48 hours prior to the moment at which the consult is to take place, but only during office hours (Monday to Friday from 9.00 to 17.00). Appointments that are canceled within these 48 hours prior to the consult will cost the client a no- show tariff of 50 euro per 45 minute consult. The client is solely responsible for these costs; these costs are not covered by healthcare insurers. In the lack of any evidence to the contrary, the administration of Sijthoff & Van Empel serves as complete evidence that an appointment was made.

6.2 The client is required to show up for the consult on time. If the client was late, Sijthoff & Van Empel will charge the client with the full consult price, even if the consult was shorter than agreed upon.

7. Insurance

7.1 The client reserves the right to declare the costs made for the consult with her insurer. Sijthoff & Van Empel does not offer guarantees regarding the amounts paid by healthcare insurers for the treatment.

7.2 The client can transfer the claim for the insured part of the provided care to Sijthoff & Van Empel by signing a deed of transfer

8. Obligations of the client

8.1 The client is obligated to acknowledge all treatment-related obligations, instructions and limitations as provided by Sijthoff & Van Empel.

8.2 The client guarantees that he/she will respect and follow the obligations and instructions as written in the signed treatment contract.

8.3 The client, during his/her treatment, is obligated to inform Sijthoff & Van Empel of any absences due to holidays or other circumstances that may lead to a delay in the treatment progress.

9. Data transfer

9.1 Sijthoff & Van Empel operates in accordance with WGBO and is therefore obligated to confidentiality.

10. Payment

10.1 Unless otherwise agreed upon by the parties, the agreement between Sijthoff & Van Empel and the client is subject to the prices and reimbursements as determined by the Dutch Healthcare Authority. These tariffs can be found on nza.nl.

10.2 Clients are bound to pay the costs of their treatment within 14 days of the invoice date.

10.3 If the payment has not been carried out within the payment term, Sijthoff & Van Empel is legally entitled to take debt-collection measures. Any additional costs are charged to the client, in accordance with article 6:96 of the Dutch Civil The payment term of 14 days is binding, even when the insurer has not yet processed your claim.

10.4 In the event of liquidation, bankruptcy, attachment or suspension of payments, or if the Act on Debt Consolidation for Natural Persons is declared, the claims of Sijthoff & Van Empel on the client are immediately due and payable.

11. Termination

11.1 Both the client and Sijthoff & Van Empel are able to terminate the agreement effective immediately, in the event that the intended purpose cannot be achieved or if it is medically irresponsible to continue the treatments with the client.

11.2 Sijthoff & Van Empel also has the right to terminate the agreement with the client, if the client remains unresponsive for a period of four weeks during the treatment.

12. Suspension and dissolution

12.1 Sijthoff & Van Empel reserve the right to suspend the obligations of Sijthoff & Van Empel if:
(A) the client fails to meet its obligations pursuant to the agreement;
(B) after concluding the agreement, Sijthoff & Van Empel notices that certain circumstances give her good reason to fear that the opposing party shall not fulfill his/her obligations.

12.2 Sijthoff & Van Empel also reserve the right to dissolve the agreement, if:
(A) the client fails to meet its obligations pursuant to the agreement; If the client in any way fails to comply with the agreement, the client will be in default without notice of default being required.
(B) circumstances arise such that compliance with the agreement may no longer be demanded of it, or may not be demanded according to any measure of reasonableness and fairness, or if other circumstances arise of such a nature that it is not reasonable to expect that the agreement can be maintained without any changes.

12.3 If the agreement is dissolved, Sijthoff & Van Empel’s claims against the client shall be immediately due and payable.

12.4 If Sijthoff & Van Empel suspend the fulfillment of her obligations, she will retain her claims pursuant to the law and the Agreement. The client is not entitled to a refund of prepaid fees and damage claims.

12.5 Sijthoff & Van Empel reserves the right to claim damages

13. Force Majeure

13.1 Sijthoff & Van Empel is not liable for failure to comply with the agreed upon treatment contract if this failure by Sijthoff & Van Empel is not her responsibility by virtue of the law, legal action or according to generally accepted standards. In any case, Sijthoff & Van Empel cannot be held responsible for a failure to fulfill an obligation in events such as epidemics, traffic disruptions, strikes, (natural) disasters, delayed or missing results and is also not liable for information provided by third parties engaged by Sijthoff & Van Empel, unforeseen illnesses of doctors, government regulations, external circumstances that delay or block the work flow of Sijthoff & Van Empel, and if the client terminates the treatment despite the advice given by Sijthoff & Van Empel or her employees to continue, resulting in damages to the client.

13.2 In a force majeure event, the agreement may be (partially or wholly) dissolved by sending the client a registered notice addressed to the client, without court interventions and without being liable to pay any compensation.

14. Accountability

14.1 Should Sijthoff & Van Empel fail to fulfill her obligations, she can only be held liable in the event of deliberate acts or gross The liability is limited to the direct damage incurred by the client and the maximum amount the client has paid Sijthoff & Van Empel for his or her treatment. Sijthoff & Van Empel cannot be held liable for indirect or consequential damages.

14.2 Sijthoff & Van Empel is not liable for any damage incurred by third parties which are caused by behaviors or actions of the client. The client indemnifies Sijthoff & Van Empel from any liability claims of third parties.

14.3 Sijthoff & Van Empel cannot accept any liability whatsoever for the use or inability to use both the general and personal website of Sijthoff & Van Empel. This includes liabilities such as damages incurred from the incorrectness or incompleteness of information, or damages caused by viruses.

14.4 Sijthoff & Van Empel cannot accept any liability whatsoever for damages incurred by the use of electronic communication devices that enable you to access to the general and personal website of Sijthoff & Van Empel, which includes damages to the hardware and/or software of electronic communication devices, damages incurred by the non-delivery or delay of electronic messages and misuse of electronic messages by third parties or programs/equipment, if Sijthoff & Van Empel were not notified.

14.5 Sijthoff & Van Empel cannot be held liable for further damages caused by using the general and personal website for treatment purposes.

14.6 The practitioner is not responsible, let alone liable, for decisions (to be) made or changes regarding the client’s life.

14.7 Sijthoff & Van Empel does not accept liability for any damage caused by the actions or omissions of third parties engaged by her.

15. Intellectual property

15.1 The intellectual property of Sijthoff & Van Empel applications belongs to Sijthoff & Van Empel.

15.2 Sijthoff & Van Empel reserves the right to amend the website and its content, including the general conditions and the disclaimer. Sijthoff & Van Empel is not liable for the results of any such changes. Sijthoff & Van Empel is the only party authorized to make such changes.

16. Privacy

16.1 Sijthoff & Van Empel will handle the client’s personal data with confidentiality. Sijthoff & Van Empel has devised privacy statutes regarding the use of this data.

17. Complaints

17.1 Should a client have a complaint against Sijthoff & Van Empel, Sijthoff & Van Empel will act in accordance to the complaint statutes. You can find the complaint statutes on our website.

18. Special provisions

18.1 Sijthoff & Van Empel acts in accordance with the Act BIG, WGBO and the Healthcare Facilities Quality Act.

18.2 Special provisions regarding the rights of the website are stated in a separate disclaimer. This disclaimer can be found on our website www.sijthoffenvanempel.nl.

19. Disputes

19.1 Any agreement between the client and Sijthoff & Van Empel is subject to Dutch law.

19.2 All disputes between the client and Sijthoff & Van Empel, including disputes concerning the interpretation of these conditions, will be settled by the Amsterdam court.

19.3 Sijthoff & Van Empel reserves the right to serve a summons before the court in accordance with the law, to a client with whom she has a (treatment) contract.

20. Changes to these conditions

20.1 Sijthoff & Van Empel is authorized to make changes to these conditions. These changes take effect at the time announced for this purpose. If no time is given, these changes apply to the client from the moment he or she has been notified of these changes.