Terms and conditions
In these terms and conditions, the following definitions are used:
Dietitian: independent professional who provides nutritional education and diet advice and is lawfully qualified to maintain the title dietitian by the Beroepen in de Individuele Gezondheidszorg (BIG) legislation.
Client: natural and legal persons or their legal representatives, who have an agreement with the Dietitian.
Agreement: every agreement and commitment between Dietitian and Client, including changes and additions.
Service: all activities the Dietitian conducts by the order of or for the benefit of the Client, in any shape or form.
Consultation: one-on-one conversation that happens by phone, video call or on location, between Dietitian and Client, where the Dietitian provides nutritional education or diet advice.
Treatment: all services and products concerning nutritional education and diet advice, that the Dietitian provides to the Cliënt.
The concepts defined above are hereafter mentioned as, respectively: Dietitian, Client, Agreement, Service, Consultation, Treatment.
These terms and conditions are a part of every agreement between Dietitian and Client. By making such agreement, the Client declares to know and agree with these terms and conditions. The agreement between Dietitian and Client starts after an appointment is scheduled for the first consultation and lasts during the time the Client is in treatment with the Dietitian. The agreement ends after the last (final) consultation. Changes in these terms and conditions are only applicable if the Dietitian changed the terms and conditions and notified the Client before making the agreement, or if both parties explicitly agreed to the changes. If a situation occurs which is not described in these terms and conditions, that situation should be reviewed in the spirit of these terms and conditions. If the Dietitian does not demand strict compliance to these terms and conditions, this does not mean they are no longer applicable, nor does the Dietitian lose the right to demand strict compliance in other situations.
3. Rates and offers
The Dietitian communicates the rates and offers to the Client before the treatment starts. The Dietitian wields free rates. All offers from the Dietitian are without obligation, revocable and valid for an indefinite period of time, unless the Dietitian has communicated a deadline for acceptance to the Client. If a consultation exceeds the agreed time period, this extra consultation time will be charged with the rate of 15 euro per 15 minutes. May a consultation exceed the agreed time period, the Dietitian is obligated to inform the Client about the consultation exceeding the time limit and the rule that this time will be charged. Coaching and support through WhatsApp and email between consultation is an extra service and the Dietitian maintains the right to postpone questions or requests for support to the next consultation.
The Client has the right to abandon the agreement in written word, without consequences, within 7 days from the day after the agreement about the appointment for the first consultation. If the Client decides to abandon the agreement within 7 days, but the first consultation has taken place already, the Dietitian is entitled to charge 119 euro to compensate the first consultation. No restitution is effectual in case of the Client abandoning the agreement after 7 days. For Clients who do not have a Dutch bank account, no restitution is possible.
The Client may cancel and reschedule a consultation at least 48 hours before, only through a phone call or WhatsApp text message, without consequences. Forgetting to keep a food journal or send the intake form, is not a valid reason to cancel and reschedule a consultation. The Client may cancel and reschedule maximum three times throughout the entire treatment period. After these three times, the full amount of the planned consultation will be charged each time the Client cancels. If the Client cancels less that 24 hours before the consultation, or if the Client does not show up or is not available through the Skype or phone contacts they have provided during the time of the planned consultation, then the full rate of the planned consultation will be charged. In the case of a follow-up consultation in a program, the Client may also choose to let the consultation of the program expire without replacement. If cancelling less than 24 hours before or not being present or available happens three times, the Dietitian is entitled to terminate the agreement without restitution. Not being able to have the costs of this consultation reimbursed, does not suspend the payment obligation.
6. Agreement termination by the Dietitian
The Dietitian is entitled to terminate the agreement if continuing the treatment is impossible considering circumstances, or does not lead to desired results according to the Dietitian. In case of a program, full restitution of the program price, subtracted by the standard rates of the already provided treatment is applicable. The rate for the Dietitians time is 15 euro per 15 minutes when there is no prior agreement. Administrative data from the Dietitian is effectual. The Dietitian is entitled to terminate the agreement without any restitution when the Dietitian has tried to reach the Client without response from the Client for more than 21 days, or when the period of the program has passed. The period of the program is 2 months for the essentials program and 4 months for the intensive program. If the Dietitian is to terminate the agreement for this reason, the Dietitian must have tried to contact the Client at least once through e-mail, and must inform the Client about terminating the agreement in written word such as e-mail.
7. Payment and declaration for Clients with BSN-number and address in the Netherlands
The Dietitian is registered with the Kwaliteitsregister voor Paramedici (Quality Register for Paramedics, KP-number: 19103993789) and is a member of the Nederlandse Vereniging van Dietisten (Dutch Association for Dietitians). The Dietitian does not have contracts with health insurance companies. The Client is responsible for a timely payment to the Dietitian at all times. The Client receives the invoice after the first consultation and the payment should be transferred to the Dietitians bank account within 14 days, unless agreed otherwise. In case of a late payment, the Dietitian is entitled to charge legal interest as well as all the costs related to the collection of the payment. These include costs of a debt collection agency and legal costs. Concerning the correctness of the amount the Client is indebted to, the administrative data of the Dietitian is effectual, unless the contrary is proven explicitly. The Dietitian is entitled to terminate the treatment of the Client in the case of absence of payment, without the payment obligation expiring.
8. Payment and restitution for Clients without BSN-number or address in the Netherlands
A client who does not live in the Netherlands or does not have a BSN-number is obligated to pay the invoice of the chosen program through bank transfer, 7 days before the intake consultation, and to provide evidence of their bank transfer. The Client is responsible for possible bank fees. When the Client does not meet his obligation, the intake consultation will be cancelled. For a Cliënt who does not live in the Netherlands or does not have a BSN-number, no restitution is possible after cancellation by the Client at any time.
The Dietitian does not guarantee that consultations can be held on location. If there is no possibility to have a consultation on location, and the Dietitian solely offers e-consultation, this has no effect on the Clients’ obligation to pay. The Dietitian does not guarantee that online services are available at every moment from every location, or that provided services are free from viruses or other harmful components. In case of failure to create a durable Skype connection during the consultation, the Dietitian will contact the Client by phone. The e-consultation then changes into a phone consultation and this has no effect on the Clients’ obligation to pay. Neither does this give the Client the right to an extra consultation.
Treatment from the Diëtitian is focused on results, however, results of treatment from the Dietitian cannot be guaranteed. Liability of the Dietitian is ruled out in case of damage or injury caused by or related to advice or services provided by the Dietitian. This limitation does not apply if the damage is due to deliberate or gross fault by the Dietitian. Liability of the Dietitian is limited to insurance reimbursement in every case.
Communication between Dietitian and Client runs through email, WhatsApp, text, Skype and phone.
In case of a complaint, the Client is asked to inform the Dietitian first. The Dietitian strives to find a satisfactory solution for both parties. In case of a conflict that cannot be settled between the two parties, a complaint can be filed at the Klachtenloket Paramedici, via www.klachtenloketparamedici.nl.
14. Applicable law
On every legal relationship where the Dietitian is a party, only Dutch law is applicable, even if another party resides in another country. The Vienna Convention on the Law of Treaties is ruled out.