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General terms and conditions
Article 1. Applicability of the General Terms and Conditions
The General Terms and Conditions apply to every offer of the Service, as well as to the execution and handling thereof by Shen Massage Studio. Before the agreement for the provision of the Service by Shen Massage Studio is concluded with the Client, the text of the General Terms and Conditions will be made available to the Client in writing by Shen Massage Studio. The Client agrees to the General Terms and Conditions before the commencement of the first Service. If the General Terms and Conditions are amended, the amended General Terms and Conditions will be made available to the Client again for the first Service after the General Terms and Conditions have been amended. At the Client's request, Shen Massage Studio will explain the General Terms and Conditions.
Article 2. Deviation from the General Terms and Conditions
The Client and Shen Massage Studio may deviate from the Terms and Conditions, provided the deviation is not detrimental to the Client and is confirmed in writing. Any deviation from the Terms and Conditions applies to the future and is not retroactive.
Article 3. Conclusion of the agreement
The agreement between Shen Massage Studio and the Client is concluded at the moment a Shen Massage Studio Service is scheduled by the Client or at the moment Shen Massage Studio provides a Service in response to a request from the Client, accepted and implemented.
The agreement between the parties extends directly to the provision of the Service consisting of (treatment) actions in relation to the Client.
The agreement with Shen Massage Studio for the provision of one or more Services can be entered into by:
the Customer himself if he has already reached the age of 16 and is not mentally handicapped;
both the Customer and his or her parents or guardian, if the Customer is between 12 and 16 years old;
the Customer's parents or guardian, if the Customer has not yet reached the age of 12;
a representative of the Client, as referred to in paragraph 3 of this article, if the Client is considered to be incapacitated (the Client cannot be deemed capable of reasonably assessing his/her interests with regard to a decision or situation in question).
The agreement for the provision of one or more Services by Shen Massage Studio may be entered into with a representative of the Client. The representative acts on behalf of the incapacitated Client and represents the Client's interests. The following persons may act as representatives:
a court-appointed administrator or mentor;
a written representative authorized by the Client;
the spouse, registered partner or other life companion;
a parent, child, brother, sister, grandparent or grandchild of the Client.
Article 4. Obligations of Shen Massage Studio
Provision of information
Shen Massage Studio informs the Client clearly and comprehensibly and consults with the Client in a timely manner about the planned examination and proposed treatment, as well as about developments related to the examination, treatment, and the Client's state of health. Shen Massage Studio informs a Client under the age of twelve in a manner that is appropriate to their understanding.
The information obligation is fulfilled based on the following circumstances:
the nature and purpose of the investigation or treatment that he considers necessary and of the actions to be performed;
the expected consequences and risks thereof for the Client's health;
other appropriate methods of investigation or treatment;
the condition and prospects of his or her health in relation to the area of investigation or treatment;
the time period within which the possible methods of research or (treatment) treatment can be carried out and their expected duration.
Shen Massage Studio provides information about:
the timeframe within which the possible research or (treatment) methods can be carried out and their expected duration;
the details (name and position) of Shen Massage Studio;
the massage treatment to be provided; the rates charged;
it is the Client's own responsibility to check in advance to what extent the costs of a treatment at Shen Massage Studio will be reimbursed by insurance;
opening hours and accessibility;
these general terms and conditions and the payment terms used by Shen Massage Studio;
the complaints procedure.
Shen Massage Studio will inform the Client if there are any changes with regard to the information referred to in paragraphs 1 and 2 of this article.
At the request of the Client, Shen Massage Studio will provide the information relating to paragraphs 1 and 2 of this article in writing or electronically.
The professional standard of Shen Massage Studio
Shen Massage Studio acts in accordance with its responsibilities arising from the applicable professional standards and quality requirements of other relevant legislation that applies to it, such as the WKKGZ (if applicable) and the GDPR. Treatments fall under the professional standards of Shen Massage Studio, which in any case
is safe, effective, efficient and client-oriented, is carried out on time and is tailored to the actual needs of the client,
where the client's rights are carefully respected and the client is otherwise treated with respect.
The professional standard of Shen Massage Studio includes a judgment of what is considered right and correct by other professionals in the given circumstances.
Protection of personal data
When carrying out its tasks, Shen Massage Studio will comply with the obligations arising from the processing of personal data, in particular the processing of medical personal data.
Article 5. Customer's Obligations
The Client is obliged to provide all relevant information before the commencement of the agreement with Shen Massage Studio and at the latest before the performance of the first Service by Shen Massage Studio.
The Client shall also provide Shen Massage Studio with all cooperation that is reasonably necessary for the correct performance of the Service.
The Client also informs Shen Massage Studio about new relevant circumstances, such as:
changes in the Customer's health situation;
the use of medications, including discontinuing them;
changes in the Client's representation;
the possible applicability of the debt settlement scheme for natural persons.
The Client must strictly comply with the financial agreements with Shen Massage Studio at all times.
Article 6. Protection of the Client's personal data
Shen Massage Studio takes the necessary technical and organizational measures for adequate protection of the Client's personal data.
Shen Massage Studio maintains a file on the performance of the Service, which contains the relevant personal data, relevant medical data including indications, as well as the personal data of the parents (if applicable), any curator, mentor, guardian or representative of the Client.
In the file, Shen Massage Studio records data about the Client's health and the Service with regard to actions performed, and also includes other data, all to the extent necessary for the proper provision of care to the Client.
Shen Massage Studio will retain the Client's file for twenty years, calculated from the date of the last change to the file, or longer if this reasonably follows from good care.
Shen Massage Studio destroys the personal data from the file in the following cases:
the information is no longer relevant for the performance of the Service by Shen Massage Studio, unless there is a statutory retention period that has not yet expired;
after 20 years have elapsed from the calendar year in which the last Service was performed;
if Shen Massage Studio is obliged to do so by a judge by final judgment.
Shen Massage Studio has a privacy statement. This privacy statement can be found on the Shen Massage Studio website. The Shen Massage Studio privacy statement includes, among other things:
the controller responsible for processing the Customer's personal data;
that processing takes place in accordance with the GDPR and within the EEA; that processing agreements have been concluded with parties that process personal data on behalf of Shen Massage Studio;
How the Customer can exercise its rights under the GDPR, such as the right of access, the right of rectification, the right to restriction of processing, the right to be forgotten and the right to data portability, can be exercised in the ways set out by Shen Massage Studio in its privacy statement.
the details of the Dutch Data Protection Authority, if the Customer wishes to file a complaint about the processing of his personal data.
Article 7. Termination, Suspension or Refusal of Service by Shen Massage Studio
Shen Massage Studio may terminate the agreement to provide the Service for important reasons.
Compelling reasons exist if the relationship between Shen Massage Studio and the Client has become untenable, making it unreasonable to expect Shen Massage Studio to continue the agreement. These reasons include, but are not limited to:
the nature and/or scope of the request for assistance changes substantially and exceeds the expertise or capabilities of Shen Massage Studio;
the Client behaves very rudely or aggressively;
Shen Massage Studio has a serious conflict with the Client and/or the Client does not want to cooperate with the treatment;
the Client refuses to pay the bill;
Shen Massage Studio has a significant interest in terminating the agreement.
In the event of cancellation, Shen Massage Studio will assist the Client as best as possible in finding an alternative.
Shen Massage Studio is entitled to refuse the Service, motivated with valid reasons.
Shen Massage Studio is entitled to suspend further Services to the Client in the event of late payment for two Services provided.
Article 8. Termination of the agreement by the Client
The Client is entitled to terminate the agreement immediately. The agreement automatically terminates upon the Client's death.
Article 9. Appointments and cancellation
Planned appointments for the performance of one or more Services are in principle fixed.
After making an appointment, the client will receive confirmation of the appointment and Shen Massage Studio's house rules, which also apply when the client visits the practice. The client must adhere to Shen Massage Studio's house rules at all times.
Notwithstanding the provisions of paragraph 1, the Client may cancel the appointment. Fees will be charged, depending on the time of cancellation. The fees are:
72 hours before the scheduled appointment: 50% of the Service;
36 hours before the scheduled appointment: 75% of the Service;
Within 24 hours of the scheduled appointment: 100% of the Service.
Cancellations must be accepted as cancellations if they are communicated to Shen Massage Studio by email. The time of receipt of the cancellation by Shen Massage Studio or its practice is decisive for the costs.
Article 10. Payment for the Service
The price of the Service is always in euros and includes VAT and other costs.
The Service must be paid in Euros by debit card payment to the bank account specified by Shen Massage Studio, without any discount or offset.
Payment for the Service must be made in accordance with Shen Massage Studio's payment terms.
These payment terms may include: Payment in advance for the entire Service(s);
Payment of an advance payment agreed with Shen Massage Studio and payment of the remainder in installments, but no later than 4 weeks after performance of the last Service by Shen Massage Studio;
Payment in full or in part by means of a voucher recognised by Shen Massage Studio or where the entire Service must be paid no later than the day after the last Service has been performed.
Shen Massage Studio is entitled to suspend the performance of its Service and keep it suspended until the Customer has resumed or fulfilled his payment obligations.
Article 11. Notice of default, statutory interest and extrajudicial collection costs
The Client who fails to meet his payment obligations or fails to meet them in full is legally in default and in default by the expiry of the payment term.
From the moment the payment term expires, the Client owes Shen Massage Studio the statutory interest and the extrajudicial collection costs.
If the Client, despite a reminder, fails to meet their payment obligations or fails to enter into a reasonable payment arrangement, Shen Massage Studio is entitled to initiate proceedings before the subdistrict court. In these proceedings, Shen Massage Studio will request the court to order the Client to pay the principal amount, statutory interest, extrajudicial collection costs, bailiff's fees, court fees, legal assistance costs, and all other costs incurred by Shen Massage Studio to obtain payment for the Service provided by Shen Massage Studio.
Article 12. Force Majeure
If Shen Massage Studio is unable to fulfil its obligations under the agreement to provide one or more Services, or is unable to fulfil them in a timely manner or properly, as a result of external causes and circumstances, foreseen or unforeseen, which Shen Massage Studio cannot reasonably be held responsible for, those obligations will be suspended until such time as Shen Massage Studio is able to fulfil them in the agreed manner.
Strikes, government measures, stagnation in the regular course of business within its company, including disability or death of the person providing the Service and a general shortage of goods or services necessary to achieve the agreed performance, are considered force majeure.
Article 13 Liability
Shen Massage Studio's liability, to the extent covered by liability insurance, is limited to the amount paid in the relevant case under the professional/business liability insurance. If the insurer does not pay out in any case or the damage is not covered by the insurance, Shen Massage Studio's liability is limited to the amount of the fee paid by Shen Massage Studio in the last month of the Client's service under the relevant agreement.
Shen Massage Studio is not liable for damage of any nature whatsoever arising from Shen Massage Studio's use of incorrect and/or incomplete information provided by or on behalf of the Client.
Shen Massage Studio is never liable for indirect damage, including stagnation in the regular course of business in the Client's company, lost profits, lost savings and consequential damage, in any way related to or caused by the performance of the work by Shen Massage Studio.
Shen Massage Studio has the right at all times, if and to the extent possible, to undo any damage suffered by the Client.
The limitations of liability contained in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Shen Massage Studio.
Article 14 Choice of law and forum
Disputes arising from agreements are governed by Dutch law.
Disputes will be submitted exclusively to the competent court in the place where Shen Massage Studio is located, unless mandatory legal provisions provide otherwise.