General Terms and Conditions

General Terms and Conditions for companies and private individuals of Delphinium Therapie.

1. General

1. 1. In the General Terms and Conditions the following terms are understood to mean:

  1. Contracting Party: the party that gives the order. The Contracting Party can be a natural person or a legal entity.
  2. Contractor: Delphinium Therapie, located in Haarlem. Delphinium Therapie provides personal services to companies and individuals.
  3. Client: the person who actually uses the services of the contractor.
  4. General Terms and Conditions: these General Terms and Conditions.’
  5. Quotation: a formal offer of work from Delphinium Therapie to the Client.
    1.  

2. Applicability

  1. The conditions form part of every agreement between the Contracting Party and the Contractor, unless expressly deviated from in writing. The conditions are known to both parties when entering into the agreement.

3. Conclusion of the agreement

  1. The agreement is concluded at the moment that the Quotation issued by the Contractor on behalf of the Contracting Party has been signed by the Contracting Party and has come into the possession of the Contractor.
  2. If no Quotation has been submitted, the agreement will be concluded at the time that the Contractor has received written confirmation from the Client that personal (group) sessions will be provided to one or more Clients.

4. Quotations

  1. All Quotations are non-binding unless they contain a term for acceptance. If a Quotation/offer contains a non-binding offer and this is accepted by the other party, the other party has the right to revoke the offer within two days after receipt of the acceptance.
  2. In the case of compound prices, there is no obligation to deliver a part for a corresponding part of the price stated for the whole.
  3. The Contractor is authorized to engage third parties to implement the agreement.

5. Obligation of the Client

  1. The Contracting Party is obliged to provide all information, both written and oral, which the Contractor deems necessary in a timely manner to prepare a Quotation and correctly execute the assignment.
  2. The Contracting Party guarantees the correctness, completeness and reliability of the information made available to the Contractor, even if it comes from third parties.
  3. If agreements have been made regarding the provision by the Contracting Party of materials, supplies or facilities for the purpose of the assignment, the Contracting Party will make these available in a timely manner and as agreed.
  4. Any additional costs and fees resulting from a delay in the execution of the assignment caused by the failure to provide the requested information, materials, supplies or facilities, or the failure to provide them in a timely or proper manner, shall be borne by the Contracting Party.

6. Confidentiality

  1. Unless the Contractor is legally obliged to disclose information, it is obliged to maintain confidentiality towards third parties regarding information covered by professional secrecy or the Contractor’s ethical code of confidentiality, as well as information that the Contractor considers to be confidential.
  2. Given the short nature of the contacts, with emphasis on the awareness of the role of the personality and that of the inner self, there is no intensive file formation. Any personal files are only available for inspection by the counselor and the Client concerned. Regardless of who pays for the service. Inspection is also possible during a personal contact between counselor and Client.
  3. Reporting to the Contracting Party or to third parties concerning clients can only take place after consultation and with the consent of the client concerned.
  4. The Contractor is not entitled to use the information made available to it by the Contracting Party for any purpose other than that for which it was obtained. An exception to this is made in the event that the Contractor acts for itself in disciplinary, civil or criminal proceedings in which this information may be relevant.
  5. If the Contractor engages third parties, the obligations in this article also apply to them.

7. Fees, costs, rates

  1. The Contractor’s fee does not depend on the outcome of the assignment.
  2. If, after the conclusion of the agreement, but before the assignment has been fully completed, rates and/or prices change, the Contractor is entitled to adjust the agreed rate accordingly, unless the Contracting Party and Contractor have made other agreements in this regard.
  3. The Contractor’s fee includes costs incurred by the Contractor for the assignment, including materials and room rental and costs for engaging third parties, unless otherwise agreed.
  4. If it has been agreed that certain costs will be invoiced separately to the Contracting Party, the Contractor is obliged to keep an account of said costs and to make it available for inspection at the request of the Contracting Party.
  5. If it has been agreed that the Contractor’s remuneration is based on an hourly rate, then the Contractor is obliged to keep a record of hours and to make this available for inspection at the request of the Contracting Party. The applicable hourly rate is set out in the agreement, and it is also set out here which activities are considered billable hours.
  6. For all appointments with companies and private individuals, appointments that are not cancelled or rescheduled 24 hours in advance may be charged.

8. Payment

  1. Payment must be made without deduction, discount or offsetting of debts before the date stated on the invoice.
  2. If the Contracting Party has not paid within the term stated in paragraph 1, the Contractor is entitled, after having reminded the Contracting Party at least once to pay, without further notice of default and without prejudice to the other rights of the Contractor, to charge the statutory interest from the due date until the date of full payment. If payment has not been made after the first reminder, a debt collection agency may be called in.
  3. All reasonable judicial and extrajudicial (collection) costs incurred by the contractor as a result of the Contracting Party’s failure to meet their payment obligations shall be borne by the Contracting Party.
  4. Payments by private clients must be made in cash/via bank transfer during the session.

9. Complaints

    1. Complaints regarding work performed and the invoice amount must be made in writing to the Contractor within 60 days after the date of dispatch of the documents or information about which the Contracting Party is complaining, or within 60 days after the date of the service provided.
    2. Complaints as referred to in paragraph 1 do not suspend the Contracting Party’s payment obligation.
    3. In the event of a justified complaint, the Contractor has the choice between adjusting the fee charged, improving or re-performing the rejected work free of charge or not (any longer) carrying out the assignment in whole or in part in return for a refund in proportion to the fee already paid by the Contracting Party.
    4. The Contractor is not liable for the consequences of errors in the order or incorrect information provided by the Contracting Party or the failure by the Contracting Party to provide materials or facilities (in a timely manner).

10. Delivery time

  1. Deadlines within which the work must be completed shall only be regarded as a fatal deadline if this has been expressly agreed.

11. Termination and cancellation

  1. If, in the opinion of the Contracting Party or the Contractor, the progress of the service provision is seriously hampered, the Contracting Party and Contractor may agree, after verbal consultation, to cancel the further assignment.
  2. Termination must be communicated to the other party in writing.
  3. If the Contracting Party cancels the order in whole or in part, he or she is obliged to reimburse the Contractor for all costs reasonably incurred with a view to the execution of this order: all without prejudice to the Contractor’s right to compensation for loss of profit.
  4. The Contracting Party will be deemed to be in default without further notice:
    • if he fails to fulfil any obligation under the agreement, fails to fulfil it in full or fails to fulfil it on time.
    • in the event of bankruptcy or suspension of payments of himself or his company.
    • upon liquidation of his company
  5. In these cases, the Contractor has the right, without notice and/or judicial intervention, to either suspend the performance of the agreement in whole or in part, or to terminate the agreement in whole or in part, without being liable for any damages.

12. Liability

  1. The Contractor will perform its work to the best of its ability and will exercise the care that may be expected of a therapist.
  2. The Contractor shall not be liable for damage resulting from incorrect or incomplete information provided by the Contracting Party or Client. If the Contracting Party demonstrates that he has suffered damage due to an error by the Contractor that could have been avoided by careful action, the Contractor shall only be liable for the damage up to a maximum of the amount of the fee for the relevant assignment for the last calendar year, unless there is intent or gross negligence on the part of the Contractor.

13. Force Majeure

  1. In the event of illness or temporary or permanent incapacity for work of the Contractor, the Contractor will endeavour to have a replacement provided by a third party. If this proves impossible, illness and temporary or permanent incapacity for work of the Contractor will release the Contractor from complying with the agreed delivery period or from its delivery obligation, without the Contracting Party being able to assert any right to compensation for costs or (property) damage on that basis.
  2. In the event of force majeure, the Contractor will immediately notify the Contracting Party. The Contracting Party has the right to cancel the order in writing for eight days after receipt of this notification, but under the obligation to accept from the Contractor and to compensate her for the part of the order that has been carried out.

14. Expiry period

  1. Unless otherwise provided in these General Terms and Conditions, any rights of action and other powers of the Contracting Party against the Contractor on any grounds whatsoever in connection with the performance of work by the Contractor shall in any event lapse one year after the moment at which the Contracting Party became aware or could reasonably have been aware of the existence of these rights and powers.

15. Applicable law

  1. Dutch law applies to all agreements between the Contracting Party and the Contractor to which these terms and conditions of delivery apply.
  2. The parties designate the competent court in the place of residence of the Contractor as the competent court.
  3. To the extent that the work for the assignment concerns work that falls within the field of expertise of the professional organization to which the therapist is affiliated, the therapist is bound by the provisions of her professional organization during the performance of her work. The complaints procedure of the relevant professional organization is valid to the extent that any complaint falls within the scope of the complaints procedure to which the client or Contracting Party appeals.

Chamber of Commerce number 89196260, VAT number 004710932B94.

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