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General terms and conditions

General terms and conditions for agreements to supply goods and services for Vaccination Point BV.

Article 1

Definitions

  • Care provider: Vaccination Point BV
  • Client: the legal or natural person who enters into an agreement with Vaccinatiepunt BV.
  • Parties: Vaccination Point and the client
  • Agreement or order: the agreements between Vaccination Point and the client concerning the supply of items and/or the provision of services.
  • Business: all material objects that Vaccination Point offers for sale and services that Vaccination Point performs for third parties against payment. These activities include the provision of information, advice, vaccination and prescription of medication.

Article 2

Scope of general terms and conditions

  • These general terms and conditions apply to all agreements to supply goods and/or perform services by Vaccinatiepunt.
  • Deviating terms and conditions shall only apply if and insofar as they have been agreed in writing and then only for the agreement under which the relevant clauses have been made.
  • If any provision of the general terms and conditions is not valid or no longer valid for any reason, the parties will try to agree on a new provision in good consultation with each other, the content of which is as close as possible to the intention of the parties in the original provision.

Article 3

Conclusion of agreements

The agreements referred to in Article 1, section 4, come into effect as soon as the client's appointment is recorded in Vaccinatiepunt B.V.'s appointment system. This appointment may have been recorded by telephone, via the website or during the consultation hour.

Article 4

Work

  • Vaccination Point will, in compliance with the requirements set by law, carry out the assignment properly and carefully and represent the client's interests to the best of its knowledge and ability.
  • Work is carried out from one of Vaccination Point's branches.
  • Vaccintiepunt B.V. ensures that all healthcare providers within the organisation providing care to the client:
    • Be competent and capable to do so at all times.
    • Act in accordance with professional standards applicable to healthcare providers including professional group guidelines.

Article 5

Client obligations

At Vaccinatiepunt B.V.'s request, each client will identify himself by means of a legally recognised, valid identification document. The Client is obliged to cooperate fully and to provide Vaccinatiepunt with everything that Vaccinatiepunt considers necessary and/or useful to enable it to perform the assigned work and deliveries properly. The Client shall refrain from conduct which is harmful to the health or welfare of other clients, care providers and other persons.

Article 6

Safety

  • Vaccinatiepunt B.V. shall make such personnel and material arrangements as to ensure that the accommodation is suitable for providing information, advice, vaccination and prescription of medication.
  • Vaccinatiepunt B.V. uses sound equipment.
  • Vaccination Point B.V. ensures that adequate measures are in place to prevent fire, burglary and other unsafe situations.
  • Vaccinatiepunt B.V. has an emergency plan and clearly instructs clients on what to do in case of fire and other emergencies.

Article 7

Cancellation

  • Services to be performed can be cancelled by the client with a cancellation period of at least one working day before the agreed starting time of performance of the services.
  • Services not cancelled in time may be charged as consultations.

Article 8

Prices and price review

  • When performing services and supplying items, the price stipulated in the price list shall apply.
  • Vaccinatiepunt B.V. has the right to adjust the prices and rates of the agreed supply of goods and services performed twice a year.
  • Vaccinatiepunt B.V. will ensure that the information referred to in the first paragraph is available on the website, and on the price list in the Vaccinatiepunt consultation room.

Article 9

Billing and payment

  • All payments due to Vaccinatiepunt B.V. must be made immediately during the appointment. If this proves impossible, payment must be made within 14 days of the invoice date, without discount or set-off, to a postal or bank account designated by Vaccinatiepunt B.V.
  • If payment is not made on time, the client shall be in default by operation of law, without any summons or written notice of default being required. The client shall owe interest on the amount (still) payable calculated from the due date, being the invoice date plus 14 days, until the day of payment. The interest rate shall be the statutory interest rate on the first day of default.
  • The client shall pay to Vaccination Point all judicial and extrajudicial costs arising from the collection of the late payments.

Article 10

Force majeure

  • Vaccination Point shall not be liable for the non-, incomplete or untimely fulfilment of its obligations due to non-attributable shortcomings.
  • A non-attributable shortcoming is understood to mean any circumstance that hinders compliance with the agreement and which should not reasonably be the risk of Vaccinatiepunt or the client. Impeding circumstances may include non-delivery or late delivery of goods and performance of services by third parties, strikes or blockades, serious business interruptions that impede normal business operations to a great extent, such as serious fire with loss of data, accidents, epidemics, illness and/or death of a specific functionary or in case of war, danger of war and (natural) disasters.
  • The parties may only invoke force majeure against each other if the relevant party notifies the other party of such invocation in writing as soon as possible, but no later than five working days after the non-attributable failure has occurred, submitting the necessary documentary evidence.
  • Between Vaccination Point and the client, in cases of non-attributable shortcomings, efforts will be made to reach a mutual agreement to solve the problems that arose from these shortcomings.

Article 11

Consulting liability

Whenever Vaccinatiepunt B.V. provides information to the client, it does so at a level appropriate to the client and ascertains that the client has understood the information. If Vaccinatiepunt B.V. provides information electronically, he will make sure that the client can receive this information. If the advice discussed during the consultation with the client is not followed, Vaccinatiepunt will not accept any liability for this. When the consultation contact ends, the care provided by Vaccinatiepunt B.V. ends. In case of acute complaints after vaccination that arise after leaving the premises of Vaccinatiepunt B.V., the client should contact the general practitioner.

Article 12

Privacy

The provisions of the Personal Data Protection Act apply in full to the data referred to in this chapter. Vaccinatiepunt will not provide (access to) data about the client to third parties without the client's permission, except to comply with a statutory obligation. Third parties as referred to in the first paragraph do not include those directly involved in the execution of the agreement insofar as the provision of data and inspection is necessary for the work to be performed by them. This means that the data may be used internally at the healthcare provider not only for the individual care of the client concerned, but also, for example, for intervision, peer review, training and internal quality control and financial administration.

Protecting data

If Vaccinatiepunt B.V. records data about the client, this data will remain available to both Vaccinatiepunt B.V. and the client at all times. On termination of the agreement, the client will receive a copy if he or she so wishes. The standard mentioned in the Personal Data Protection Act and the retention period stipulated in the Civil Code apply to all this data. The Personal Data Protection Act (WBP) does not specify a concrete retention period for personal data. This act regulates that personal data may not be kept longer than necessary for the purposes for which they were collected or used. The healthcare provider determines how long the data should be kept based on the purpose.

Article 13

Complaints/disputes

  • Any complaint between the parties concerning the conclusion, interpretation or performance of the agreement as well as any other dispute concerning or related to the agreement, whether legal or factual, none excepted, will be resolved as far as possible through proper consultation.
  • A dispute is present if either party so states to the other in a registered letter.
  • Vaccinatiepunt B.V. has a sufficiently publicised scheme for the reception and handling of complaints and handles complaints in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted to the care provider as soon as possible, fully and clearly described, after the client has identified the defects.
    Complaints submitted to Vaccinatiepunt B.V. in full will be dealt with as soon as possible, in any case within two months from the date of receipt. If the parties cannot reach a solution, there will be a dispute. Disputes will be settled by the competent court in the district in which Vaccinatiepunt's head office is located.

Article 14

Conditions and applicable law

If any of these conditions should prove to be inconsistent with applicable law, that condition may be considered null and void. All other conditions will then remain fully applicable.

Article 15

Applicable law

The agreement, of which these general terms and conditions form part, shall be governed exclusively by Dutch law.

Article 16

Final article

The general terms and conditions can be viewed on the Vaccinatiepunt website and will be sent on request. Anyone making an appointment at Vaccinatiepunt must agree to these general terms and conditions before the appointment becomes final.

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