Definitions

In these terms and conditions the followings terms will have the following meanings:

1. “Velvet Clinics B.V.”: Velvet Clinics B.V., established in Amsterdam and registered with the Chamber of Commerce
   under no. 60684402.
2. “Client”: The legal or natural person with whom Velvet Clinics B.V. enters or has entered into an agreement.
3. “Parties”: Velvet Clinics B.V. and client jointly.

 

Applicability

1. These general terms and conditions apply to quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Velvet Clinics B.V..
2. Deviations from these general terms and conditions by parties shall only apply if these have been agreed upon
   explicitly and in writing.
3. Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the client or of third parties.

 

Prices and price change

1. Prices that Velvet Clinics B.V. uses for their products or services, on its website or made known otherwise, can be changed at any time.
2. With regards to services, the price is determined by Velvet Clinics B.V. on the basis of the prices indicated on the website, unless a different rate has been agreed upon.
3. If the parties have agreed on a total amount for a service provided by Velvet Clinics B.V., this is always a target price, unless the parties have explicitly agreed upon a fixed price in writing, which can not be deviated from.
4. Velvet Clinics B.V. is entitled to deviate from these prices but shall always do so in consultation with the client.
5. In case the target price comes out higher than expected, Velvet Clinics B.V. must inform the client in a timely
   manner why a higher price is justified.
6. Velvet Clinics B.V. is entitled to adjust the prices.
7. Price adjustments will be indicated on the website.
8. The client has the right to terminate the agreement with Velvet Clinics B.V. if he/she does not agree with the price increase. This must be done prior to a treatment or delivery of goods.
9. Clients must pay for the treatment or products immediately after purchase.
10. When the client is in default, he/she will be charged with extrajudicial collection costs and potential financial
    compensation, which must be paid to Velvet Clinics B.V.
11. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
12. If the customer does not pay on time, Velvet Clinics B.V. may suspend its obligations until the client has met its payment obligation.
13. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the client, the claims of Velvet Clinics B.V. are immediately due and payable.

 

Personal data

The client agrees that the data provided will be kept in a file (electronic patient file). The data will be processed in
accordance with the privacy law as considered within a healthcare institution. This data will never be processed
without the explicit and individual consent of the client. If peer consultation takes place, this will be anonymized or the client will be informed of this, and if necessary, must sign a statement to this effect.
The rightful claimant is entitled to request the data, which is stored in accordance with the General Data Protection Regulation. This can be done by submitting a written application, which includes signature and copy of identification, to Velvet Clinics, Stadionweg 92, 1059TR Amsterdam. For further verification, this written application must, most likely, contain details about the applicant.

 

Performance of the agreement

1. Velvet Clinics B.V. executes the agreement to the best of its knowledge and ability and in accordance with the
   (legal) requirements.
2. Velvet Clinics B.V. has the right to renounce the agreed service at a later time for good medical reasons.
3. Execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the client.
4. It is the responsibility of the client that Velvet Clinics B.V. can start the implementation of the agreement on time.

 

Client’s duty to inform

1. The client shall make available to Velvet Clinics B.V. all the information, data and documents that are relevant for a
   correct execution of the treatment with regards to in time and in desired format and manner.
2. The client has to be able to identify themselves with a valid ID-card.

 

Complaints

1. The client must examine a product or service provided for by Velvet Clinics B.V. for shortcomings as soon as
   possible. Velvet Clinics B.V. offers a check-up to any client that has undergone a treatment, this period differs per treatment.
2. If a delivered product or service does not comply with what the client could reasonably expect from the
   agreement, the client must inform this to Velvet Clinics B.V. as soon as possible, but in any case within 1 month after discovery of the shortcomings.
3. The client must inform Velvet Clinics B.V. as soon as possible of a possible shortcoming.
4. The client provides for a detailed description as possible of the shortcomings, so that Velvet Clinics B.V. is able to respond adequately. The client must be available as soon as possible for a check-up appointment in order to have an assessment by an expert to take place.
5. The client must demonstrate that the complaint relates to an agreement between the parties.
6. In any event that a complaint relates to ongoing treatment/work, this can in any case not lead to Velvet Clinics B.V. being forced to perform other treatments/work than has been agreed on.
7. If the client is dissatisfied with the service Velvet Clinics B.V. has provided for, the client will inform Velvet Clinics B.V. as soon as possible and both parties will try to reach an informal solution.
8. If paragraph 1 does not lead to a satisfactory solution, the client can submit a complaint to Klachtenportaal Zorg (Care Complaints Portal).

 

Liability of Velvet Clinics B.V.

1. Velvet Clinics B.V. is only liable for any damage the client suffers in and insofar as this damaged is caused by intent or gross negligence.
2. In case Velvet Clinics B.V. is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. Velvet Clinics B.V. is never liable for indirect damage, such as consequential loss, lost profits, lost savings or damage to third parties.
4. If Velvet Clinics B.V. is liable, is liability is limited to the amount paid by a closed (professional) liability insurance.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Dissolution

1. The client has the right to dissolve the agreement if Velvet Clinics B.V. immutably fails the fulfillment of his
   obligations, unless this shortcoming doe not justify termination due to its special nature or minor significance.
2. If fulfillment of the obligations of Velvet Clinics B.V. is not permanent or temporarily impossible then dissolution can only take place after Velvet Clinics B.V. is in default.
3. Velvet Clinics B.V. has the right to dissolve the agreement with the client, if the client does not fully or timely fulfill his/her obligations under the agreement, or if circumstances give Velvet Clinics B.V. good grounds to fear that the client will not be able to fulfill his/her obligations properly.

 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Velvet Clinics B.V. in the fulfillment of any obligation to the client cannot be attributed to Velvet Clinics B.V. in any situation independent of the will of Velvet Clinics B.V., when the fulfillment of its obligations towards the client is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Velvet Clinics B.V..
2. The (force majeure) situation referred to in paragraph 1 is also applicable -but not limited - to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. In the event that a force majeure situation arises as a result of which Velvet Clinics B.V. cannot fulfill one or more obligations towards the client, these obligations will be suspended until Velvet Clinics B.V. can comply with it.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Velvet Clinics B.V. does not owe any (damage0 compensation in a situation of force majeure, even if it has obtained any advantages as a result of a force majeure situation.

 

Changes general terms and conditions

1. Velvet Clinics B.V. is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Velvet Clinics B.V. with the client in advance as much as possible.

 

Transfer of rights

1. The client cannot transfer its rights deferring from an agreement with Velvet Clinics B.V. to third parties without the riot written consent of Velvet Clinics B.V.

 

Consequences of nullity or annullability

1. If one or more provisions in these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what
   Velvet Clinics B.V. had in mind when drafting the conditions of that issue.

 

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch Court in the district of Amsterdam where Velvet Clinics B.V. is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drafted on July 16th 2021.