General Terms and Conditions Dikrama Clinics B.V.

These General Terms and Conditions (GTC) apply to all services, (advertising) communications, products, and materials of Dikrama Clinics B.V. (DC) and all associated (whether or not exempt) medical professionals and cosmetic consultants. When specific agreements are concluded, such as treatment agreements with clients, these GTC are deemed to be part of them.

DC has its registered office at (3511AA) Utrecht at Zakkendragerssteeg 13, and is registered in the trade register of the Chamber of Commerce under number 80115586.

Article 1 – Definitions GTC

In these GTC, the following definitions apply:

1. Healthcare Provider: Dikrama Clinics B.V. in Utrecht and/or the (whether or not exempt) medical professionals and cosmetic consultants working there. Being: the legal entity that is a member of ZKN or the natural person working in a ZKN clinic and who, in the exercise of a medical profession or business, enters into a treatment agreement with the client.

2. Client: the person who enters into a treatment agreement with the healthcare provider for themselves or for a specific third party.

3. Services: all services to be provided by the Healthcare Provider, including but not limited to treatments, treatment methods, courses, information, presentations, sales and promotion of products, and advice.

4. Products: Products used and supplied by DC.

5. Patient: the person or individual to be diagnosed or treated, on whom a diagnostic examination and/or treatment is performed based on an assignment from a Client. This can, but does not always have to be, the same person as the client.

6. Treatment Agreement: the agreement for medical treatment whereby the healthcare provider commits to the client to perform medical acts directly relating to the patient, is a treatment agreement within the meaning of the Medical Treatment Agreement Act (WGBO). This treatment agreement involves an obligation of effort and not an obligation of result.

7. Disputes Committee:

https://www.landelijkmeldpuntzorg.nl/burger/home

Article 2 – General

1. These general terms and conditions apply to the formation and execution of the treatment agreement concluded between the client and the healthcare provider.

2. For the execution of the services, the Healthcare Provider may involve third parties, whom they may select and contract, if a proper execution of the agreement requires this. No prior consent from the Client is required for this.

3. These Terms also apply to all agreements with the Client, for the execution of which the Healthcare Provider must involve third parties.

4. These Terms apply to every offer and agreement between the Healthcare Provider and the Client. Deviations from this can only be made after written agreement.

5. Deviations from these GTC are only valid if they are recorded in writing in an agreement to that effect between the healthcare provider and the client.

6. The healthcare provider ensures the recording of the deviations and provides the client or the patient with a copy thereof.

7. The Client waives the applicability of his or her General Terms and Conditions to the extent applicable.

8. The applicability of any purchasing or other terms and conditions of the Client is expressly rejected.

9. If one or more provisions in these Terms are void or should be annulled, the remaining provisions of these Terms remain fully applicable. The Healthcare Provider and Client will then enter into consultations to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provision.

10. If there is lack of clarity regarding the interpretation of one or more provisions of these Terms, the interpretation must take place in the spirit of these provisions.

11. If a situation arises between parties that is not regulated in these Terms, this situation must be assessed in the spirit of these Terms.

12. DC takes measures that are reasonably possible to prevent damage to or loss of the patient’s property.

13. The patient must take the necessary care themselves to prevent damage to or loss of their property.

14. DC accepts no liability for damage to or loss of the property of clients or patients. This also applies to property left behind.

Article 3 – Prior Consent

1. Consent from the patient is required for acts performed in execution of a treatment agreement.

2. If the patient so requests, the healthcare provider records in writing for which acts they have obtained consent and provides the patient with a copy thereof.

3. If the patient is younger than 12 years old, not their consent but the consent of the parents who exercise authority over them or of their guardian is required.

4. If the patient is 12 years or older, but younger than 16 years old, the consent of the parents who exercise authority over them or of their guardian is required in addition to the patient’s consent. The act can only be performed without this consent if it is clearly necessary to prevent serious harm to the patient or if the patient continues to wish for the act after the refusal of consent.

Article 4 – The Treatment Agreement

1. The treatment agreement is formed when the client gives the healthcare provider the assignment to perform cosmetic treatments and/or medical acts.

2. To enter into the treatment agreement, the client must have reached the age of 18, regardless of the age of the Patient.

3. The client is liable for the obligations arising from the treatment agreement entered into by them.

4. Before concluding the treatment agreement, the client and/or the Patient are informed orally and, if desired, in writing by the healthcare provider about:

a. the intake procedure;

b. the (intended) results and (possible) consequences of the treatment;

c. alternatives to the treatment;

d. the price of the treatment, the possibilities regarding insurance, and the time(s) and method of payment;

e. the time(s) and place of treatment;

f. the reflection period, to be able to come to a well-considered decision;

g. the actions to be taken after concluding the treatment agreement;

h. if applicable: which Healthcare Provider will actually perform the treatment or is involved in the execution of the treatment agreement;

i. the information/instructions for the Patient to follow prior to the treatment;

j. the instructions for guidance, reception, transport, and accessibility*;

k. the instructions for the Patient for after the treatment, including the symptoms for which the Patient should contact the clinic and details of the person the Patient should contact*;

l. the accessibility of the organization if complications occur outside working hours;

m. these GTC, which are provided to the Patient directly during the intake procedure or in any case before the start of the first treatment. At the Patient’s request, the GTC can also be provided to him or her at any other time prior to the first treatment.

n. By starting the treatment, the Patient declares to have read these GTC and to agree with everything stipulated therein.

5. During the intake, the client is obliged to provide the name and contact details of a contact person. If this is not possible, the healthcare provider will consider the patient’s GP as such.

Article 5 – Offers

1. All our offers and quotations (including attachments, documentation, images, etc.) are made orally or in writing and are non-binding, unless they contain a term for acceptance, in which case the offer expires after this term has passed.

Offers cannot be combined with loyalty programs or other discount programs or promotions.

Article 6 – Obligations of the Healthcare Provider

1. The Healthcare Provider observes the care of a good Healthcare Provider in their work and acts in accordance with the responsibility resting on them as it arises from the professional standard applicable to the Healthcare Provider and the guidelines of the professional group.

2. The Healthcare Provider uses medicines and other medical devices in their work that are registered and whose origin can be traced.

3. Without prejudice to the provisions of the first paragraph, the Healthcare Provider complies with the guidelines and standards included in the Care Institutions Quality Act (Kwaliteitswet Zorginstellingen) during the formation and execution of the treatment agreement. Where the assessment criteria deviate from these General Terms and Conditions, these General Terms and Conditions prevail.

4. The Healthcare Provider will not refuse a request for referral to another expert

Healthcare Provider for a second opinion. The Healthcare Provider will discuss the results of the second opinion with the Patient upon request.

5. Upon discharge from the clinic, a discharge interview takes place between the Patient and an authorized employee, during which the instructions necessary for aftercare are discussed. Where necessary, the instructions are provided in writing. In any case, instructions regarding the symptoms for which the Patient should contact the Healthcare Provider are provided in writing.

6. The Healthcare Provider creates a file regarding the treatment of the Patient.

7. To the extent necessary for good healthcare, the Healthcare Provider makes notes of the data regarding the Patient’s health and the acts performed and includes other documents with such data.

8. Among other things, the following are recorded:

a. Administered and prescribed medication;

b. If applicable, the traceability of medication, implants, and other medical devices.

9. At the Patient’s request, the Healthcare Provider provides access to and/or a free copy of the file to the Patient as soon as possible.

10. Provision is withheld to the extent necessary in the interest of protecting the privacy of another person.

11. At the Patient’s request, the Healthcare Provider adds a statement provided by the Patient regarding the documents included in the file to the file.

12. The Healthcare Provider destroys the documents kept by them within three months after the Patient has requested it. Destruction is withheld if it is reasonably plausible that preservation is of significant interest to someone other than the Patient and if it is determined by Law that destruction is not permitted.

13. Unless earlier destruction has been requested, the Healthcare Provider keeps the documents in the file for 15 years from the time they were created or for as much longer as arises from the care of a good Healthcare Provider.

Article 7 – Execution of the Agreement

1. The Healthcare Provider will execute the agreement to the best of their insight and ability and in accordance with the requirements of good Contractor practice.

2. The Client ensures that all data, which the Healthcare Provider indicates is necessary or which the Client should reasonably understand is necessary for the execution of the agreement, is provided to the Healthcare Provider in a timely manner. If the data required for the execution of the agreement has not been provided in time, the Healthcare Provider has the right to suspend the execution of the agreement and/or to charge the extra costs resulting from the delay to the Client according to the usual rates.

3. The data mentioned in paragraph two also includes showing a valid identity document. Every patient must always be able to identify themselves with a legally recognized identity document at the first request of DC. If a patient cannot show such an identity document when requested, DC is entitled to suspend the treatment agreement.

4. The Healthcare Provider is not liable for damage, in whatever form, arising as a result of incorrect and/or incomplete data provided by the Client, unless this incorrectness or incompleteness should have been known to the Healthcare Provider.

5. If the agreement involves the obligation for the Client to provide certain data, whether printed, written, or provided in any other way, the Healthcare Provider will accept this data exclusively for internal use. The Healthcare Provider will treat such data as strictly confidential and will never disclose it in whole or in part to anyone other than the person to whom the data relates, nor use it as evidence in any (legal) procedure. The data may not be copied in whole or in part or reproduced in any other way.

6. The Client who is not also the Patient is obliged to ensure that the storage and use of reports produced by the Healthcare Provider for the Client are such that they comply with the government regulations applicable at any time.

7. If, due to circumstances not attributable to the Healthcare Provider, a planned assignment arising from the agreement cannot be carried out, the Client is still liable for the associated costs to the Healthcare Provider.

8. If the Client provides information carriers, electronic files, or software etc. to the Healthcare Provider, the Client guarantees that these are free of viruses and/or defects.

Article 8 – Amendment of the Agreement

1. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, parties will change the agreement in a timely manner and in mutual consultation.

2. If parties agree that the agreement is changed and/or supplemented, the time of completion may be affected. The Healthcare Provider will inform the Client of any change in the time of completion as soon as possible.

3. If the changes or additions to the agreement have financial and/or qualitative consequences, the Healthcare Provider will inform the Client about this in advance.

4. Amendment of the agreement due to grounds mentioned in paragraphs 1, 2, and 3 happens in consultation with the Client. The Healthcare Provider confirms such amendment of the agreement.

5. The Healthcare Provider is entitled to change the agreement in accordance with changes in the law and/or obligations otherwise imposed by the government relating to the assignment agreed in the agreement.

6. The costs arising from such amendment of the agreement prescribed by law, the government, or any other competent authority are for the account of the Client.

Article 9 – Performance of the Agreement, Suspension, and Dissolution

1. The agreed services to be provided are deemed to be suspended as soon as and as long as the Client is in default with the payment of any amount due, with the continuous provision of up-to-date data, or as long as the Healthcare Provider is prevented by force majeure from fulfilling its obligations, without the Client being able to assert any right to compensation for damage, costs, and/or interest for that reason.

2. Exceeding the agreed term within which the Healthcare Provider must have performed the agreed services will, if there is force majeure and/or in case it has been expressly agreed otherwise, never give the Client the right to compensation, dissolution of the agreement, or non-performance of any obligation.

3. The Healthcare Provider is authorized to suspend the performance of the obligations or to dissolve the agreement, without notice of default, if:

a. The Client does not or does not fully comply with the obligations from the agreement.

b. After concluding the agreement, circumstances come to the Healthcare Provider’s knowledge that give good reason to fear that the Client will not or not fully comply with the obligations. In case there is good reason to fear that the Client will not or only partially comply with the obligations, suspension is only permitted to the extent that the shortcoming justifies it.

c. The Client was requested at the conclusion of the agreement to provide security for the fulfillment of his obligations from the agreement and this security is not provided or is insufficient.

4. Furthermore, the Healthcare Provider is authorized to (have) the agreement dissolved if circumstances occur of such a nature that performance of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances occur of such a nature that unchanged maintenance of the agreement may not reasonably be expected.

5. If the agreement is dissolved, the claims of the Healthcare Provider on the Client are immediately due and payable. If the Healthcare Provider suspends the performance of the obligations, he retains his claims from the law and agreement.

6. The Healthcare Provider always retains the right to claim compensation.

Article 10 – Intellectual Property Rights

1. Nothing from the communications, services, products, and/or materials of DC may be copied or otherwise reproduced, digitally or analogously, without prior, express written permission.

2. Permission is exclusively granted by –Dikrama clinics– and can be requested via info@dikramaclinics.nl.

Article 9 – Fees, Rates, and Rate Adjustments

1. The rates for the services by the Healthcare Provider are made known to the Client via the website or with an oral or written order confirmation.

2. All rates include levies imposed by the government, excluding additional (un)foreseen costs, unless expressly agreed otherwise.

3. If after the formation of the agreement one or more cost price factors undergo an increase – even if this occurs due to foreseeable circumstances – the Healthcare Provider reserves the right to increase the agreed price accordingly, stating the basis and method of calculation.

4. The Healthcare Provider may increase the fee when during the execution of the work it appears that the originally agreed or expected amount of work was underestimated to such an extent at the conclusion of the agreement, and that is not attributable to the Healthcare Provider, that it cannot reasonably be expected of the Healthcare Provider to perform the agreed work for the originally agreed fee.

5. The Healthcare Provider confirms the rate change or increase as referred to in paragraphs 3 and 4 of this article immediately by means of a written notification to the Client, stating the extent and the date on which the change or increase will take effect.

Article 11 – Payment

1. Payment for the services and/or products provided is made as follows: the invoice must be paid immediately after the treatment. The Healthcare Provider and Client are free to agree on another method of payment. Objections to the amount of the invoice do not suspend the payment obligation.

2. Payment of other invoices to the Healthcare Provider must be made within 14 days after the invoice date in the manner indicated by the Healthcare Provider. By the mere fact that the Healthcare Provider has not received the full amount of the invoice on the due date, he is in default without any prior summons or notice of default being required.

3. If the patient is eligible for a contribution from a health insurer, they must claim the costs incurred themselves afterwards.

4. In case of late payment, all payment obligations of the Client become immediately due and payable. In case of liquidation, bankruptcy, statutory debt restructuring, seizure, or suspension of payment of the client, the claims of the Healthcare Provider are immediately due and payable.

5. The client is – without further notice or notice of default – liable for interest from the due date of the invoice on what DC can legally claim from him. This interest is charged monthly on this amount, to be calculated on the basis of 1/12 of the Euribor + 1%, where a part of the month is considered a full month.

6. If the Client does not fulfill his obligations within the agreed term, he is in default without any prior summons or notice of default being required. The Client cannot appeal to set-off. For every day, month, or part of a month in which the Client is in default with the payment of the invoice, the invoice amount is increased by operation of law by the contractual interest of 1% per month (12% per year), unless the statutory interest is higher, in which case the statutory interest applies. The interest on the due amount will be calculated from the moment the Client is in default until the moment the full amount is paid.

7. All judicial and extrajudicial costs incurred by the Healthcare Provider in the context of the collection of a claim on the Client, arising from non-performance of the Client’s obligations, are for the account of the Client. The extrajudicial costs amount to at least 15% of the amount due, with a minimum of €225. The Healthcare Provider is free to claim the actual extrajudicial costs. The Client is not permitted to suspend payment.

8. If the Client is in default with the payment of the invoice, the Healthcare Provider has the right, without prejudice to what is stipulated in the previous paragraphs, to stop or suspend further execution of the work. The Healthcare Provider also has the right to dissolve the agreement in case of said default without judicial intervention and to demand full compensation for the damage caused to the Healthcare Provider by the attributable shortcoming of the Client. This also includes the expenses still to be made, services, lost income, and income still to be lost under the agreement.

9. If the Client has objections to (any part of) the invoice, he is obliged to make this known in writing and specified to the Healthcare Provider within 5 working days after the invoice date, failing which the right of objection expires. An objection indicated to the Healthcare Provider does not give the right to suspend the payment obligation. If the objection proves to be well-founded, the Healthcare Provider will immediately issue a credit.

10. The Client remains at all times (jointly and severally) liable for the fulfillment of all (payment) obligations arising from this agreement.

11. Payments by or on behalf of the Client serve successively to satisfy the extrajudicial collection costs due by him, the judicial costs, the interest due by him, and then in order of age the outstanding principal sums, regardless of any other instruction from the Client.

12. Costs of third parties can be charged immediately upon receipt of invoices if it has not been expressly agreed that these are included in the agreed fee.

Article 12 – Cancellations

1. Appointments that are canceled by the Patient 24 hours or less before the respective appointment, or that are not canceled without the Patient appearing, can be charged to the Client. Subject to proof to the contrary, the administration of the Healthcare Provider serves as full proof that the appointment in question was made.

2. In case of cancellation, the Healthcare Provider will make reasonable efforts to limit these costs as much as possible.

Article 13 – Liability

1. If the Healthcare Provider should be liable, then this liability is in any case limited to a maximum of the amount that the liability insurer pays out in a given case. If the insurer does not pay out in any case, or the damage is not covered by the insurance, the liability of DC is limited to the amount of the invoice. Rights to compensation due to liability expire 1 year after the damage-causing event occurred.

2. The Healthcare Provider is only liable for physical and/or material damage that has arisen directly during the execution of the agreed services and which damage is a direct result of an attributable shortcoming in the fulfillment of the agreement by the Healthcare Provider.

3. The Healthcare Provider is not liable for damage, of whatever nature, arising because the Healthcare Provider relied on incorrect and/or incomplete data provided by or on behalf of the Client.

4. The Healthcare Provider is not liable for damage to third parties. The Client is always deemed to indemnify the Healthcare Provider for this when concluding an agreement with the Healthcare Provider.

5. The Healthcare Provider is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business stagnation.

6. The Healthcare Provider is in no way liable for any direct or indirect damage as a result of or related to (the use of) the information provided or services delivered by DC, unless otherwise determined by Law.

7. The client is liable for compensation for the damage suffered by the Healthcare Provider as a result of a shortcoming of the client or of the Patient in the fulfillment of their obligations from this agreement.

8. References to other websites, apps, or companies are for the information of the respective reader only. Any liability regarding websites, apps, or companies that are not directly affiliated with DC is rejected.

9. If, for the purpose of executing the treatment agreement, acts are performed in a clinic that is not a party to this agreement, this clinic is jointly liable for a shortcoming as if it were a party to the treatment agreement itself.

10. The client is liable for compensation for the damage suffered by the healthcare provider as a result of a shortcoming of the client or of the patient in the fulfillment of their obligations from this agreement.

11. If the client demonstrates and, if necessary, proves that the shortcoming cannot be attributed to him or the patient, he is not liable for the damage referred to in the previous paragraph, except to the extent that there is a benefit as referred to in article 6:78 of the Dutch Civil Code.

Article 14 – Obligation of Effort

The doctors of DC have an obligation of effort and not an obligation of result with regard to the patients they treat. In good consultation with the patient and/or client, they will make every effort to achieve the desired result to the extent that this is medically feasible and responsible. DC accepts no liability in the event that, despite exercising the most care, the result proves not to be achievable. This is in accordance with applicable case law and regulations.

Article 15 – Force Majeure

The Healthcare Provider is not obliged to fulfill any obligation towards the Client if he is hindered from doing so as a result of a circumstance that is not due to his fault, and is not for his account by virtue of the law, a legal act, or generally accepted practice.

2. In case of force majeure, the Healthcare Provider is not liable for any resulting damage.

3. Force majeure includes, among other things: all external causes, foreseen or unforeseen, over which the Healthcare Provider has no influence, but which prevent the Healthcare Provider from fulfilling his obligations. In any case (but not exclusively) this includes fire, flooding, war, natural disasters and other exceptional weather conditions, strikes, government measures, and non-delivery by suppliers.

4. Parties can suspend the obligations from the agreement during the period that the force majeure continues. If this period lasts longer than two weeks, each of the parties is entitled to dissolve the agreement, without obligation to compensate the damage to the other party.

5. To the extent that the Healthcare Provider has already partially fulfilled his obligations from the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value can be attributed to the fulfilled or to be fulfilled part, the Healthcare Provider is entitled to invoice the already fulfilled or to be fulfilled part separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 16 – Retention of Title

DC reserves the ownership of the delivered goods until the moment the full purchase price has been paid.

Article 17 – Indemnification

1. The Client indemnifies the Healthcare Provider for any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is other than attributable to the Healthcare Provider. If the Healthcare Provider should be addressed by third parties for that reason, the Client is obliged to assist the Healthcare Provider both out of court and in court and to immediately do everything that may be expected of him in that case. Should the Client fail to take adequate measures, the Healthcare Provider is entitled to do so himself, without notice of default. All costs and damage on the part of the Healthcare Provider and third parties arising as a result are entirely for the account and risk of the Client.

Article 18 – Personal Data and Confidentiality

1. Without explicit and prior written consent from the Patient, no personal and medical information about the Patient will be provided to the Client.

2. Parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.

3. If, based on a statutory provision or a court ruling, the Healthcare Provider is held to provide confidential information to third parties designated by law or the competent court, and the Healthcare Provider cannot appeal to a legal or court-recognized or permitted right of privilege, then the Healthcare Provider is not held to compensation or indemnification and the other party is not entitled to dissolve the agreement based on any damage arising from this.

4. The Client agrees to any storage of personal data provided and to be provided in an electronic file (such as the EMR) and the mailing list of DC. The registered data can be used for various purposes, such as the creation of statistics, administration of treatments, or purchases. In such cases, DC will ensure that the information used cannot be traced back to the individual patient.

5. The Client or the person entitled to the data retains the right at all times to request a copy of this data from Dikrama Clinics free of charge.

Article 19 – Complaints Procedure

1. The healthcare provider has a complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the treatment agreement must be submitted to the healthcare provider in a timely, complete, and clearly described manner after the client and/or patient has observed the defects.

3. Complaints submitted to the healthcare provider will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the healthcare provider will respond immediately with a message of receipt and an indication of the term within which a more detailed answer can be expected.

4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution scheme.

5. Disputes between the client and/or the patient on the one hand and the healthcare provider on the other hand about the formation or execution of the treatment agreement can be brought before the national reporting point for care (https://www.igj.nl/onderwerpen/klacht-of-vraag-over-zorg-of-jeugdhulpverlening) by both the client and/or the patient and the healthcare provider, in writing or electronically.

2. The Client and healthcare provider agree to first make an effort to resolve the dispute together before submitting it to one of the disputes committees.

3. A dispute must be brought before the disputes committee within three months after it has arisen.

7. Disputes can exclusively be submitted for settlement to the Disputes Committees mentioned above or to the court.

8. With due observance of article 108 of the Code of Civil Procedure, the (subdistrict) court in the District Court of Amsterdam is exclusively competent regarding all possible disputes.

9. Parties will only appeal to the court after they have made every effort to settle a complaint in mutual consultation.

10. Dutch law applies to all legal relationships between the Healthcare Provider and the Client.

Article 20 – Amendment and Location of the General Terms and Conditions

1. These General Terms and Conditions can be requested at any time in written or electronic form at [insert website]. DC is free to change these GTC at any time. With an amendment, all previous versions expire: the version that applied at the time of the formation of the agreement is always applicable.