Terms and conditions
Of the Orthodontics Museumplein BV
- In these terms and conditions it is understood that:
a. Client: the person who commissioned the Orthodontics Museumplein BV, hereinafter referred to as ‘OM’, to perform dental and orthodontic work (treatments).
b. Under the payment conditions, the client is understood to be his or her legal representative.
c. Treatment: all treatments, such as defined in the quotation or invoice prior to the start of the treatment, as well as all actions directly related to the client’s order in the broadest sense of the word.
Realization of the agreement
- In principle, the agreement is established at the moment that the signed agreement/informed consent is received by OM, or after the client sets an appointment after receiving a proposed treatment.
- The quotations drafted by OM bear no legal obligation; they remain valid for two months after the intake on which the quotation was based, unless stated otherwise.
Confidentiality and exclusivity
The OM is bound to confidentiality towards third parties that are not involved in the execution of the assignment. The confidentiality responsibility concerns all information of a confidential nature that is trusted to OM by the client. The obligation of confidentiality does not apply when the law requires disclosure of information. OM is authorized to use the information that has been obtained for statistical purposes, for the benefit of the general health of the client, and with respect to circumstances that may influence the treatment.
- Complaints about an invoice or the work performed must be reported in writing by the client to OM within 30 days of discovery, and not later than three months after the completion of the work in question.
- A complaint, as referred to in paragraph 1, does not suspend the payment obligation of the client.
- If a complaint is justified and performing repair work is possible, OM will execute the work as agreed.
- The Dutch law applies to all agreements between the client and OM.
- All disputes related to the agreement between the client and OM to which these terms and conditions apply, will be settled by the competent court that has jurisdiction over the district in which OM has its office.
- If any provision of these terms and conditions is invalid or voidable, it does not affect the validity of the remaining provisions.
- The treatment costs of a client under the age of 16 are owed by the legal representative. When a client is 16 or 17, he or she is responsible for the costs of the treatment, unless the legal representative has confirmed in writing that he is financially responsible for these costs.
- In the event of treatment for which the Dutch Healthcare (NZA) requires a quotation to be made in advance, OM will do so. OM has the right to modify prices interim. After being notified of this change, the client has the right to terminate the treatment agreement. The client is also informed in the event of complications during the treatment, in the event of exceeding the defined period of treatment, as well as exceeding the budget by more than 15%. The estimation of the treatment period serves informational purposes only and no rights can be derived from it.
- If the payment is done by a private person, meaning that person does not have insurance coverage or doesn’t pay through a health insurance provider, he or she is held to the following provisions:
These terms and conditions serve to clarify the content of the conditions under which the agreement between client and OM is executed and apply to every offer and agreement between client and OM to which OM has declared them applicable. If either party wishes to deviate from these conditions, this must be stated in writing beforehand.
Execution of assignment
- The legal relationship between the client and OM is based on an assignment agreement. All assignments contain best efforts obligations, never obligations of result. The applicability of articles 7: 404 and 7: 407, paragraph 2 of the Dutch Civil Code is explicitly excluded. Regardless of whether the assignment was granted with a specific person in mind, the assignment is exclusively accepted and executed by OM. The shareholders, their administrators, as well as the people working for OM, aren’t personally responsible or liable. The assignment is not terminated by their deaths, by forced administration, or by bankruptcy. The execution of assignments is exclusively done on behalf of the client. No rights can be derived from the assignment, or its execution by a third party.
- OM will execute the assignment to the best of its knowledge and ability in accordance with the requirements of good craftsmanship. She will carry out the assignment in accordance with the Code of Conduct and Professional Conduct. Dental procedures and orthodontics treatments fall under medical treatments.
- OM reserves the right to subcontract third parties when a proper execution of the contract requires it. OM does not have to obtain permission from the client.
- The liability of OM, both for direct and consequential damage and insofar it is covered by the liability insurance, is limited to the insurance payout in the specific case.
- If in any case the insurer doesn’t pay out or the damage isn’t covered by the insurance, the liability of OM is limited to the amount on the invoice, or at least to the amount to which the liability applies.
- The limitation of the liability doesn’t apply in case the damage is due to intent or gross negligence of OM or its managers / subordinates.
- OM is not responsible for damage, whatever its nature, that is caused by inaccurate and/or incomplete information supplied by the client.
- OM is exclusively liable for direct damage. Direct damage is understood to mean the reasonable costs made to determine the cause and the extent of the damage, insofar as the determination applies to the damage as referred to in these terms and conditions, any reasonable costs made to test the inadequate performance of OM against the agreement as far as they are attributable to OM, and the reasonable costs made to prevent or limit the damage, as far as they have led to actual prevention or limitation of the damage as referred to in the general terms and conditions.
- OM is never liable for indirect damage, consequential damage (containing claims from third parties against OM and/or the client as a result of an attributable failure or unlawful act on the part of OM), lost profits and/or income, lost savings, or damage due to business interruption.
- Rights to compensation for liability expire 1 year after the occurrence of the event that caused the damage.
Circumstances that prevent the execution of the assignment and that cannot be attributed to OM, serve as an example of force majeure, for as far as it unreasonably hinders the execution or makes it impossible. This includes but is not limited to: strikes in other companies; wildcat strikes or political strikes within OM; an unpredictable shortage in staff; a general lack of commodities and/or other materials or services that are required for the execution of the assignment; unforeseeable business interruptions of suppliers or other third parties on which OM is dependent, as well as general transport issues. If such a circumstance occurs after OM should already have fulfilled its obligations, OM still holds the right to invoke force majeure. During the event of force majeure, all legal obligations of OM are suspended. If that time exceeds a period of three months, both parties have the right to suspend the agreement, without an obligation of compensation resulting from it. If at the time of force majeure, OM has already partially fulfilled its obligations, it has the right to invoice that part separately. The same applies when OM can only partially fulfill its responsibilities. The client is obligated to pay the invoice as if it were a separate
- The client is expected to have his/her teeth cleaned and treated by, or on behalf of OM, at least every 6 months.
- Defects and/or required repairs to materials manufactured by OM or parts thereof, partially or fully caused by wear and tear and/or external influences, such as: accidents, grinding, nail biting, medication use, health changes, pregnancy, smoking, use of hormone preparations, osteoporosis, etc. or if the client has not (fully) complied with the cleaning instructions and/or oral hygiene, must be paid by the client. The same applies to damages caused by improper use or incorrect maintenance.
- The client must comply with the cleaning instructions and is required to maintain a good dental hygiene. The customer is not entitled to any financial compensation if the client chooses to have a party other than OM execute required replacements or repairs. Checkups are invoiced according to the applicable rates and are charged onto the client.
- Taking x-rays (intra-oral, OPT and/or CT-scans) in consultation with the client, will results in costs charged onto the client. In case of teeth grinding, the client must report this to OM directly. The client must inform OM fully and truthfully at all times about his or her general health, as well as any conditions that may influence the treatment.