General Terms and Conditions

Miriam Terbonßen – Praktijk Rise Rooted

Moesstraat 20

9717JT Groningen

KvK-number: 76555569

Article 1 | Validity of these terms and conditions

1.1 These terms and conditions apply to all agreements made with Practice Rise Rooted. An agreement relates to the provision of a service in the context of complementary care.

1.2 These terms and conditions apply to all offers made by Practice Rise Rooted, regardless of whether this has resulted in an agreement.

1.3 In these terms and conditions, Practice Rise Rooted 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 shall not apply unless accepted in writing by the contractor.

1.5 The order to provide complementary care treatment constitutes acceptance of these general terms and conditions. Special provisions deviating from these general terms and conditions are only binding if agreed in writing.

Article 2 | Offers

2.1 All offers and/or quotations are without obligation, unless expressly stated otherwise.

2.2 Verbal offers by Practice Rise Rooted are not binding unless confirmed in writing.

2.3 Unless otherwise agreed, Practice Rise Rooted is bound to maintain its offers for 14 days.

Article 3 | Agreement

3.1 The agreement to provide complementary care becomes binding only by a written confirmation from Practice Rise Rooted. This written confirmation (treatment agreement) can be sent via email or printed by post.

3.2 Any agreement entered into with Practice Rise Rooted contains the resolutive condition that the client will prove to be of sufficient creditworthiness. This assessment will be made exclusively by Practice Rise Rooted. The client will allow Praktijk Rise Rooted to request information concerning him if necessary.

3.3 Data and/or information provided by Practice Rise Rooted to the client, such as work programmes, training and materials for meditation, education and the like, as well as data in printed matter, drawings, images and the like by Practice Rise Rooted, are not binding for Practice Rise Rooted 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 third parties are informed of their content.

Article 4 | General terms and conditions of contract partners and/or third parties

4.1 Practice Rise Rooted only accepts the applicability of general terms and conditions of contract partners and/or third parties if they are expressly agreed in writing.

4.2 However, any applicability of the aforementioned general terms and conditions shall not affect the applicability of the general terms and conditions of Practice Rise Rooted.

4.3 General terms and conditions will only be accepted by Practice Rise Rooted under the above conditions and will only apply to the intended transaction. Subsequent transactions will not be automatically handled again through those purchase conditions.

Article 5 | Intellectual property rights

5.1 Practice Rise Rooted reserves all intellectual property rights to all designs, images, drawings, models and texts. Reproduction, disclosure and copying are only permitted with the express written consent of Miriam Terbonßen.

5.2 The designs, images, drawings, texts and models referred to in the first paragraph remain the inalienable property of Practice Rise Rooted 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 a penalty of €5,000.00, without prejudice to Practice Rise Rooted's right to claim full damages.

Article 6 | Obligations of Practice Rise Rooted

6.1 Practice Rise Rooted is obliged to perform the complementary care duties according to the provisions of the agreement. These provisions are recorded in writing in the treatment agreement.

6.2 Practice Rise Rooted will carry out the treatments to the best of her knowledge and ability and in accordance with the requirements of good professionalism, guidelines of the professional groups/professional organisations and the legislator.

6.3 Practice Rise Rooted handles all client data in accordance with the guidelines set out in the AVG., the General Data Protection Regulation.

6.4 Practice Rise Rooted 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 results from the nature of the information. Confidentiality will lapse if, by virtue of a statutory provision or court order Practice Rise Rooted is obliged to disclose said confidential information to the legislator or its authorised representative.

Article 7 | Obligations of the principal

7.1 The client will ensure that Practice Rise Rooted has timely access to: a. the (medical) data required for the design of the work and, if necessary, the medical permission of an authorised person registered in the BIG register. Should consultation with Practice Rise Rooted be necessary or desired, consultation with the BIG-registered expert may be held with the client's consent. 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 necessities. d. About connection possibilities for electrical appliances, lighting, heating, water and other energy required for the execution of the work must be present within 25 metres. e. About the possibility of being allowed to use a secured wifi network.

7.2 Practice Rise Rooted stipulates 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 doctor's diagnosis and related medical advice. Even if this means that the doctor advises stopping treatments at Practice Rise Rooted. Practice Rise Rooted always respects and acts in accordance with the medical prescriptions of (general) physicians. Practice Rise Rooted does not make medical diagnoses.

7.3 The client is obliged to provide, without claiming compensation, water, gas, electricity, if the treatments take place on the client's premises.

7.4 If the client has reserved the delivery of certain materials and/or the performance of certain parts of the contract to itself, it shall be liable for untimely delivery or untimely performance thereof.

7.5 If the start or progress of the work is delayed by factors for which the client is responsible, the resulting damage and costs for Practice Rise Rooted may be charged to the client.

7.6 If the client is unable to attend an appointment, he must cancel it with Miriam Terbonßen by telephone or email as soon as possible, but no later than 24 hours before the appointment. If the client fails to do so, Practice Rise Rooted will charge the entire amount for the agreed treatment.

7.7 The client shall provide Practice Rise Rooted with all data, which the legislator has determined as necessary.

Article 8 | Subcontracting work to third parties

The client gives Praktijk Rise Rooted permission to engage the assistance and expertise of third parties for the performance of the assignment. Practice Rise Rooted assesses per situation whether this is necessary and always explains this choice to the client before taking the step of consulting the external expert. If the client does not wish to do so, this will be respected and the desired expert will not be consulted.

Article 9 | Prices

9.1 If, after the time of acceptance of the order, changes are made by the government or trade unions to the wages, terms of employment, or social provisions, either party has the right to demand full settlement

9.2 Unforeseen interim changes in material prices may be passed on.

9.3 If the price fluctuation exceeds 5% of the agreed transaction, both parties are entitled to demand full settlement.

Article 10 | Additional and less work

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

10.2 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.

10.3 Costs to be incurred by Practice Rise Rooted which find their cause beyond its fault may be charged to the client.

Article 11 | Cancellation

11.1 If the client cancels the order and/or refuses to take delivery of the products, he is obliged to accept and pay for the materials already purchased and/or hours worked by Practice Rise Rooted in connection with the preparation of the order, whether or not processed at the cost price, including wages and social security charges, and is otherwise obliged towards Practice Rise Rooted to pay full compensation for what has already been performed.

11.2 The Client will also owe Practice Rise Rooted as compensation the amount of 1/3 of the agreed price. The Client is further obliged to indemnify Practice Rise Rooted against third-party claims resulting from the cancellation of the order and/or refusal of the products.

11.3 Without prejudice to the previous paragraph of this article, Practice Rise Rooted reserves all rights to claim full performance of the agreement and/or full compensation for damages.

11.4 Granting or not of subsidies, fees or other forms of compensation or financing shall never be grounds for cancelling orders given, unless otherwise agreed in writing between the client and Practice Rise Rooted.

Article 12 | Compensation

12.1 If the client does not point out any complaints to Practice Rise Rooted within 8 days from the day of treatment, which could have been noticed on thorough examination, the client is deemed to have agreed to the state in which the service was taken, and any right to complain lapses. 

12.2 Practice Rise Rooted should be allowed to check submitted complaints. In case of agreement, a written statement will be drawn up to be signed by both parties. 

12.3 If, in the opinion of Practice Rise Rooted, the complaint is correct, Practice Rise Rooted will either pay fair compensation up to a maximum of the invoice value of the goods and services delivered or ensure that the defects that have occurred are remedied.

Article 13 | Liability

13.1 Praktijk Rise Rooted is not liable for the costs, damages and interest that may arise as a direct or indirect consequence 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. Damages to the delivered goods as a result of external mechanical, chemical or biological influences; d. Any other external cause.

13.2 Practice Rise Rooted is 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 shall only apply to the extent arising through the fault of Practice Rise Rooted or those who have been employed by Practice Rooted on the work(s) assigned to Practice Rise Rooted.

13.3 Information and advice provided by Praktijk Rise Rooted are of a general nature only and without obligation. Practice Rise Rooted is not liable for damages of any kind arising from misinterpretation thereof by the client.

13.4 PracticeRise Rooted is not liable for damages of any kind that arise because Practice Rise Rooted has relied on incorrect and/or incomplete information provided by the client regarding relevant physical and/or psychological conditions, use of medication, work or certain forms of leisure activities.

13.5 Any participation in a treatment, course or workshop is at the client's own risk.

13.6 Practice Rise Rooted is never liable for consequential damages.

Article 14 | Force majeure

14. 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 Practice Rise Rooted or the client, non-delivery or late delivery of goods by suppliers of Practice Rise Rooted 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 Rise Rooted, 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, constitute force majeure for Praktijk Rise Rooted, which relieves Praktijk Rise Rooted of its obligation to deliver products c. respectively execution of the treatments, without the client being able to assert any right to compensation of any kind or however called.

14.2 In these or such cases, Practice Rise Rooted shall be entitled, at its sole discretion, to either cancel or suspend or modify the agreement, respectively, until the extraordinary circumstances have ceased to exist, in which case the client shall be obliged to pay for any performance delivered.

Article 15 | Retention of title

15.1 As long as Practice Rise Rooted has not received full payment regarding an agreement of the parties regarding the performance of complementary care treatments or the sale of products (including any damages, costs and interest), the delivered goods, will remain the property of Practice Rise Rooted.

15.2 Practice Rise Rooted has the right to reclaim and take possession of these goods if the defaulting client fails to fulfil its obligations, if it goes into liquidation, applies for or has obtained a suspension of payments, is declared bankrupt or the goods are seized.

15.3 All acts of disposition with regard to the sold and delivered goods are prohibited to the customer as long as he has not fulfilled his payment obligations.

Article 16 | Default and termination

16.1 If the client commits a breach of contract in any way, he will already be in default for that alone without any notice of default being required. Without prejudice to the provisions of the Civil Code, in case of default, Practice Rise Rooted will have the right to suspend the concluded agreement, to declare it as dissolved in whole or in part without judicial intervention, at its discretion.

16.2 Rise Rooted will also have the rights mentioned in the previous paragraph of this article if the Client is declared bankrupt or bankruptcy is filed for, if he has applied for or obtained a suspension of payment, 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. In all these cases all claims that Practice Rise Rooted has on the client will be immediately due and payable.

Article 17 | Payment

17.1 Unless expressly agreed otherwise, the terms of payment are: Goods and services are invoiced and must be paid no later than 14 days after receipt to the account number stated on the invoice.

17.2 Every payment made by the customer shall primarily serve to pay the interest owed by him as well as the extrajudicial and judicial costs, as described below, and shall then be deducted from the oldest outstanding claim.

17.3 The client shall be in default by the mere expiry of the aforementioned period of fourteen days from the invoice date, without notice of default being required.

17.4 If the aforementioned payment term of fourteen 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.

17.5 All judicial and extrajudicial costs to be incurred by the contractor in connection with non-performance/shortcomings by the customer shall be borne by the customer.

17.6 In case 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.

17.7 The Contractor shall be entitled to suspend its work, even if a fixed delivery time has been agreed, if the Client is in default of its payment obligations.

17.8 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 customer's payment obligations as he deems sufficient. Refusal by the Client to provide the required security shall entitle the Contractor to dissolve 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.

Article 18 | Disputes

18.1 All disputes arising from the agreements concluded between the parties, including the mere collection of the amount due, will be brought before the Civil Court of Practice Rise Rooted's place of establishment, if it so wishes, to the extent that the Civil Court has legal jurisdiction to do so.

18.2 However, the choice of forum mentioned in the previous paragraph does not affect the right of Practice Rise Rooted to submit a dispute to the disputes committee under the Wkkgz Act.

18.3 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 Rise Rooted has the right to submit a dispute in the context of the complementary care provided to the National Ombudsman. In the case of complaints for voluntary youth care, Practice Rise Rooted can turn to the AKJ confidants in youth care.