Terms & Conditions
Amsterdam, 1 January 2023
Download the original text in Dutch here
Translated with Google Translate and subject to incorrect translations!
Article 1. Definitions
The practice is part of the training and consultancy agency eXcelleRes and is registered as a general partnership (VOF) with the Chamber of Commerce in Amsterdam under Chamber of Commerce number 34224031.
The nutritionist: the natural or legal person who has accepted the assignment; in this case Márcia Izzinosa on behalf of eXcelleRes.
The client: the natural person who has instructed a nutritionist to perform work/consultations.
Article 2. Applicability
To all agreements between the eXcelleRes on the one hand and the client on the other, these General Terms and Conditions are exclusively applicable to the explicit exclusion of other General Terms and Conditions. The General Terms and Conditions are made available to the client during an initial consultation and are published on the nutritionist’s website. Deviations from these General Terms and Conditions will only be effective if confirmed in writing by eXcelleRes. In this case, other provisions remain in full force and effect.
Article 3. Conclusion, amendment and duration of the agreement
The agreement is only concluded at the start of the first consultation. The agreement is entered into for an indefinite period of time, unless it follows from the nature or purport of the assignment that it has been entered into for a definite period of time, for example in the case of a nutritional advice program for a definite period. If an acceptance of a quotation involves reservations and/or changes, the agreement will only be concluded after the nutritionist has agreed in writing to these reservations and/or changes.
Changes or additions to the agreement are only made after both parties have confirmed these in writing or in the case of an individual consultation orally.
Article 4. Execution of the assignment
The nutritionist determines the way in which the treatments are carried out, but this will always be done in consultation with the client.
Article 5. Cancellation
Appointments must be canceled by telephone on working days, at least 24 hours before the appointment. An appointment on Monday 12 noon must therefore be canceled no later than Friday prior to the appointment. In case of cancellation less than 24 hours before the start of a consultation, the client owes the entire consultation fee. The nutritionist is reasonably entitled to change an already planned appointment in terms of time. The nutritionist will also make this known at least 24 hours before the agreed time.
Article 6. Confidentiality
Nutritionist is obliged to maintain secrecy towards third parties who are not involved in the execution of the treatments. This confidentiality concerns all information of a confidential nature made available to him by the client. This confidentiality does not apply insofar as legal or professional regulations impose an information obligation on a nutritionist and data about which the client has stated that he/she does not object to use for statistical purposes and/or scientific research. The nutritionist will impose a duty of confidentiality, as described in paragraph 1, on his or her employees and any third parties engaged in the performance of services.
Article 7. Force majeure
If the nutritionist cannot, not in a timely manner or not properly fulfill his obligations under the agreement as a result of a cause not attributable to him, those obligations will be suspended until the moment that the nutritionist is still able to fulfill them in the agreed manner. If necessary, the nutritionist will ask a colleague to take care of his/her affairs. This will mean that you may be referred to another nutritionist. Client reserves the right to refuse this at all times.
Article 8. Rates
The rates for consultations, trajectories and other services are based on the most recent list of rates and/or are stated in the quotation for the relevant service.
The nutritionist’s rates do not depend on the outcome of the assignment and are calculated with due observance of the nutritionist’s usual rates and are payable to the extent that nutritionist performs work for the client. If the client arrives later than the agreed time, this time will be deducted from the agreed consultation time, so that any subsequent clients are not inconvenienced by this. Nutritionist reserves the right to change the rates. Changes in the rates are communicated verbally to the client during an individual consultation. In other matters, rate changes will be communicated in writing. The rates are not changed during the duration of an individual or group program.
Every year in January we increase prices and rates with an inflation adjustment. For this we use the inflation rate of the previous year as standard, which has been determined by Statistics Netherlands (CBS). This percentage is based on the annual change CPI (consumer price index figure).
Article 9. Billing and payment
Payments must in principle be made prior to consultations by bank transfer, unless otherwise determined by the nutritionist. When invoicing, the invoice amount must be paid by the client within 7 days of the invoice date. If the client has not paid within the aforementioned term or within the agreed term, he is legally in default and the nutritionist has the right, without further summons or notice of default, to charge the client the statutory interest from the due date. until the date of full satisfaction. All costs incurred as a result of judicial or extrajudicial collection of the claim are for the account of the client.
Article 10. Liability
The performance of the nutritionist’s services is subject to a best efforts obligation. The nutritionist does not provide a medical guarantee in any way, nor is she/he in any way liable for medical complications and/or consequential damage, which occur at the time or after the performance of her services at the client, which are not due to a serious attributable shortcoming of the nutritionist. The nutritionist’s liability is limited to the compensation obtained for the relevant services and at all times to the amount paid out in the relevant case under the nutritionist’s liability insurance.
Article 11. Termination
Both parties can unilaterally terminate the agreement if one of them is of the opinion that the execution thereof can no longer take place in accordance with the confirmed offer and any subsequent additional order specifications. This must be communicated to the other party with reasons, in writing and in good time. If the client proceeds to premature termination, eXcelleRes is nevertheless entitled to payment of the full agreed amounts normally owed, including compensation for the costs incurred and any costs to be incurred, unless otherwise agreed in writing.
eXcelleRes reserves the right to terminate the agreement if the client gives cause to do so because of his/her behavior or otherwise. Termination on this ground will be communicated to the client in writing and with reasons, and does not affect the client’s obligation to pay eXcelleRes in full the full, agreed normally owed amounts, including reimbursement of the costs incurred and any costs to be incurred, unless otherwise and agreed in writing.
Article 12. Applicable law and alternatives in case of disputes
Dutch law applies to all agreements between the client and nutritionist to which these general terms and conditions apply. All disputes related to agreements between the client and nutritionist, to which these conditions apply and which do not fall within the competence of the subdistrict court, will be settled by the competent court in the district where the nutritionist is domiciled. As an alternative to mediation by the court, mediation by independent third parties or mediation can be chosen in consultation with the client.