General Terms and Conditions
This is a translation of the Dutch general terms and conditions. In the event of any discrepancy, the Dutch version shall prevail.
| Practice name | Acupuncture practice ter Horst |
| Owner (NVA member) | B.E. ter Horst |
| AGB code | 90026250 |
| Address | Zelhem / Zutphen |
| Postal code / City | 7021 ED Zelhem |
| Chamber of Commerce | 08182093 |
| Date | February 2026 |
Art. 1 General
- These general terms and conditions apply to all agreements regarding the supply of goods and services by Acupuncture practice ter Horst, hereinafter referred to as “the Contractor”.
- Deviations from the provisions set out in these general terms and conditions may only be made if an express written agreement has been reached between all parties involved.
- In these general terms and conditions, “the Client” means the natural or legal person who purchases goods or services from the Contractor under an agreement.
- The applicability of any purchasing or other conditions of the Client is expressly rejected.
- Where these terms and conditions refer to a “complete treatment”, this refers to the totality of treatments carried out with the aim of countering the Client’s original health complaints.
- If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, or a situation arises that is not governed by these general terms and conditions, the interpretation shall take place “in the spirit” of these provisions.
- If the Contractor does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the Contractor would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or voidable, the remainder of the provisions in these general terms and conditions shall remain fully applicable. The Contractor and the Client shall then enter into consultation in order to agree new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and purport of the original provisions.
Art. 2 Formation of agreement
- This means that the Client has made a verbal or written appointment with the Contractor for a single or complete treatment.
- The Contractor is entitled to suspend the work if the Client, at the Contractor’s request, fails to provide security for the payment and other obligations arising from the agreement, without prejudice to the Client’s obligation to reimburse the Contractor for work already carried out and costs incurred.
Art. 3 Fees and payment
- The Client is deemed to be aware of the fees charged by the Contractor and to agree to them.
- Payment must be made within 30 days of the invoice date, stating the invoice number.
- The Contractor is entitled to pass on to the Client any changes in the cost price of the services owed by the Contractor that occur after the conclusion of the agreement, as a result of increased labour and material costs, social charges, government levies, exchange rates and other unforeseen circumstances, to the extent that this can be considered reasonable.
- Every appointment, whether or not a treatment has taken place, or which has not been cancelled at least 24 hours in advance, will be charged.
- Complaints regarding invoices and invoice prices must be submitted in writing and must be received by the Contractor within five days of the invoice date, failing which complaints in this regard will no longer be accepted and the Client shall be deemed to have agreed to the content of the invoice. The obligation to pay is not suspended by the submission of a complaint.
- If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. The Client shall then owe interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is owed. The interest on the amount due shall be calculated from the moment the Client is in default until the moment of payment of the full amount owed.
- If the Client is in default in the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the Client. The out-of-court costs shall be calculated on the basis of what is customary in Dutch debt collection practice. If, however, the Contractor has incurred higher collection costs that were reasonably necessary, the actual costs incurred shall be eligible for reimbursement. Any judicial and enforcement costs incurred shall also be recovered from the Client. The Client shall also owe interest on the collection costs due.
- When ordering goods, the Client is obliged to purchase all goods ordered. Goods delivered by the Contractor cannot be returned or exchanged, regardless of the condition of the packaging.
Art. 4 Liability
- The Contractor shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good professional practice, based on the state of scientific knowledge at that time.
- The Client shall ensure that all information which the Contractor indicates is necessary (for example, pregnancy or possible pregnancy), or which the Client should reasonably understand is necessary for the performance of the agreement, is provided to the Contractor in good time. The Contractor is not liable for damage of any kind arising from the Contractor having acted on incorrect and/or incomplete information provided by or on behalf of the Client.
- The Contractor is not liable for any unexpected side effects of the treatment for which there was no adequate reason to assume, prior to commencing the treatment, that such side effects could occur.
- The Contractor is also not liable for the failure to achieve the intended effect during or after a treatment.
- If the Contractor should be liable for any damage, the Contractor’s liability is limited to a maximum of twice the invoice value of the treatment. The Contractor’s liability is in any event always limited to the amount paid out by its insurer in the relevant case.
- The Contractor is only liable for direct damage. Direct damage means exclusively the reasonable costs of establishing the cause and extent of the damage, insofar as the assessment relates to damage within the meaning of these conditions, any reasonable costs incurred to have the Contractor’s defective performance comply with the agreement, insofar as these can be attributed to the Contractor, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have resulted in a limitation of direct damage as referred to in these general terms and conditions. The Contractor is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
- 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.
- If certain parts of the agreement are performed by third parties, the Contractor is not liable for those parts or for the actions of those third parties.
Art. 5 Processing of data
- In the context of GDPR, personal and medical data necessary for the performance of the treatment agreement (the legal basis) are recorded.
- The data are retained for 15 years after the last treatment, unless the Client requests in writing that the data be destroyed sooner.
- The Client has the right to access, correct and delete their own data (data portability).
- Personal data are stored in an encrypted database. The database can only be accessed via a password-protected application. Computers on which this application is installed are also password-protected.
- Treatment agreements are scanned and stored in an encrypted folder.
- A data processing agreement as referred to under GDPR has been concluded with parties that have access to the data required to perform the agreement.
- All processed data and the purpose of the processing are recorded in a Processing Register as referred to under GDPR. This register is available for inspection upon request.
Art. 6 Applicable law and disputes
- Dutch law applies to these General Terms and Conditions as well as all matters to which these conditions apply.
- Under the Dutch Healthcare Quality, Complaints and Disputes Act (Wkkgz), the Contractor is the first designated party to endeavour to resolve a dispute with a Client. A statutory period of up to 6 weeks applies for this purpose. If no resolution is reached or communication is no longer possible, the complaints officer of the Dutch Association for Acupuncture (NVA), of which the Contractor is a member, may be engaged during this initial period. If necessary, the NVA secretariat may be contacted.
- In the event of a dispute between the Contractor and the Client regarding treatment, the Client has the option, following the involvement of the complaints officer, to submit a complaint to the KAB Disputes Committee.
- In the event of a dispute between the Contractor and the Client regarding the handling of personal and medical data, the Client has the option to submit a complaint to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
- The parties shall only appeal to the court or a supervisory authority after they have made every effort to resolve the dispute by mutual consultation.
Art. 7 Amendment of conditions
- The latest version, or the version that applied at the time the legal relationship with the Contractor was established, shall always apply.