Article 1 – Definitions
In these general terms and conditions the following definitions apply:
Treatment: all treatments carried out by Lidy Knigge.
Treatment agreement: the agreement concluded between Lidy Knigge and a Patient concerning a treatment.
Patient (also: Client): the person to whom the treatment agreement relates (the principal).
File: the file as referred to in Section 7:454 of the Dutch Civil Code. This concerns (the collection of) the data regarding the Patient's health and the procedures carried out in respect of the Patient, in addition to the other data necessary for proper care of the Patient.
Medical procedures: treatments in the field of medicine as described in Section 7:446(2) of the Dutch Civil Code.
Trade name (the contractor): Gooische Rimpels B.V., trading as LIDY KNIGGE aesthetics, established at Bosdrift 50, 1215 AM Hilversum and registered in the trade register of the Chamber of Commerce under number 54637376.
Care provider: the natural person who works at or for Lidy Knigge and who provides care under the Long-Term Care Act (Wlz), the Health Insurance Act (Zvw) or other care in accordance with the Dutch Healthcare Quality, Complaints and Disputes Act (Wkkgz).
These general terms and conditions have been filed with the Chamber of Commerce under number 54637376.
Article 2 – Applicability of the general terms and conditions
1. These terms apply to every offer, quotation and treatment agreement of Lidy Knigge, including where Lidy Knigge engages a third party for its performance.
2. If any provision of these general terms and conditions is void or is annulled, the other provisions remain in force.
3. Lidy Knigge has the right to amend these general terms and conditions.
4. Deviations from these general terms and conditions are only permitted if Lidy Knigge has expressly agreed to them in writing. General terms and conditions of the Patient are not accepted.
Article 3 – Treatment results
1. Lidy Knigge has a best-efforts obligation (and not an obligation to achieve a result) to strive for a good result. No guarantee can therefore be given regarding a result. The Patient is aware that the result of the treatment may differ from his or her expectations. Should the final result unexpectedly differ from the result expected by the Patient, Lidy Knigge will seek a solution together with the Patient. Treatments carry a risk of complications.
2. Absolute symmetry in bilateral treatments can never be guaranteed.
3. Sometimes an additional treatment is necessary to achieve a good end result or in the event of unforeseen circumstances. This additional treatment entails extra costs.
Article 4 – Performance of the treatment agreement
1. A Patient enters into a treatment agreement with Lidy Knigge. Employees of Lidy Knigge never become a contracting party of the Patient.
2. Lidy Knigge has the right to have work carried out by a third party, a so-called auxiliary person.
3. Before the treatment agreement is concluded, Lidy Knigge informs the Patient about:
- the working method used and the (intended) results and (possible) consequences of the treatment (in writing);
- alternatives to the treatment;
- the price of the treatment, the method of payment and the payment conditions (in writing);
- the time(s) and place of treatment;
- the reflection period before the treatment;
- the steps to be taken after concluding the treatment agreement;
- if and insofar as possible: which care provider(s) will actually carry out the treatment or be involved in performing the treatment agreement;
- the information and instructions for the Patient to follow before the treatment (in writing);
- the instructions regarding supervision, aftercare, transport and availability (in writing);
- the instructions for after the treatment, including information about the symptoms for which the Patient must contact Lidy Knigge and the details of the person the Patient must contact in those cases (in writing);
- information about how to reach Lidy Knigge outside working hours should complications arise (in writing);
- these general terms and conditions (in writing). Where this article says "in writing", this also means "by e-mail".
4. The Patient's consent is required for all procedures carried out in performance of the treatment agreement. At the Patient's request, Lidy Knigge records in writing the procedures for which consent has been obtained and provides the Patient with a copy. A minimum age of 18 applies to medical treatments.
5. The care provider keeps a file regarding the Patient's medical treatments.
6. Insofar as necessary for proper care, the care provider records the data regarding the Patient's health and the procedures carried out, and includes other documents containing such data.
7. The file records, among other things:
- medication administered and prescribed;
- where applicable, the traceability of medication, implants and other medical devices.
8. At the Patient's request, the care provider provides the Patient with access to and/or a free copy of the file as soon as possible. Provision is withheld insofar as necessary to protect the privacy of another person.
9. At the Patient's request, the care provider adds a statement issued by the Patient regarding the documents in the file to the file.
10. Lidy Knigge destroys the records it holds within three months after the Patient has requested this. Destruction is withheld if it is reasonably plausible that retention is of significant importance to someone other than the Patient and if destruction is not permitted by law. The Patient must identify themselves when making such a request.
11. Unless earlier destruction has been requested, Lidy Knigge retains the records in the file for 20 years from the time they were created, or for as much longer as follows from the care of a good care provider.
Article 5 – Duty to cooperate
1. The Patient truthfully provides Lidy Knigge and/or the care provider with the information and cooperation they reasonably require for the performance of the treatment agreement, and must follow the advice of Lidy Knigge and/or the care provider. For a medical procedure, the Patient is obliged to complete a medical questionnaire before the treatment and hand it to the care provider.
2. At Lidy Knigge's first request, the Patient must at all times be able to identify themselves with a legally recognised proof of identity bearing a citizen service number (BSN). If a Patient cannot show such proof of identity, Lidy Knigge is entitled to suspend the treatment agreement. The resulting costs are for the Patient's account.
Article 6 – Cancellation
1. If a Patient cancels an appointment within 48 hours before the appointment or does not attend, a fee of €45 will be charged.
2. Lidy Knigge has the right to terminate the agreement and thereby cancel the treatment if the Patient has not paid the (advance) payment on time.
3. Cancelling, postponing or rescheduling a treatment due to illness or injury: the Patient must provide a signed written medical statement from the general practitioner or treating specialist stating that the planned treatment cannot take place on the planned treatment date. In that case no costs will be charged.
4. Unless proven otherwise, Lidy Knigge's records constitute full proof that an appointment was made.
5. Appointments can only be cancelled by e-mail via info@lidyknigge.nl.
Article 7 – Confidentiality
1. Lidy Knigge and/or the care provider observes professional secrecy, unless the law obliges Lidy Knigge or the care provider to breach the duty of confidentiality, and except in a case of force majeure.
2. Lidy Knigge has the right to use information for statistical purposes. In doing so, Lidy Knigge ensures that the information cannot be traced back to the individual Patient.
Article 8 – Force majeure
1. Lidy Knigge is not obliged to fulfil any obligation towards the Patient if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not otherwise for its account. Such circumstances include a strike, an unforeseeable shortage of staff, illness or departure of a practitioner, a general shortage of the necessary (raw) materials and/or other goods or services required to carry out the assignment, an epidemic, sudden war, natural disaster, unexpected government measures, quarantines or other impediments.
2. During a period of force majeure, Lidy Knigge's obligations are suspended. If that period lasts longer than six months, both parties have the right to dissolve the agreement, without any obligation to pay compensation in that case.
3. If Lidy Knigge has already partially fulfilled its obligations at the time the force majeure occurs and the treatment agreement is dissolved under paragraph 2, it has the right to invoice the part already performed.
4. If the Patient has already paid for a treatment in full or in part at the time the force majeure occurs and the treatment agreement is dissolved under paragraph 2, the Patient is entitled to a refund if and insofar as the treatment has not taken place.
5. Both Lidy Knigge and the Patient retain the right to reschedule the date and/or time of the treatment at any time on account of demonstrable special circumstances (force majeure).
Article 9 – Payment for the treatment
1. If Lidy Knigge has issued a quotation, that quotation remains valid for the period stated on the quotation.
2. Lidy Knigge may require a (partial) advance payment (deposit) for the performance of the Patient's treatment.
3. The Patient is obliged to pay the full amount immediately after the treatment, unless the parties have made other written arrangements. If the Patient has not paid on time, the Patient is immediately in default. Lidy Knigge has the right to recover all judicial and extrajudicial costs from the Patient.
4. Payments are first applied to the oldest outstanding invoices.
5. Lidy Knigge has no agreements with health insurers. The Patient must therefore pay for the treatment themselves.
6. Stated prices (for example on the website or in the quotation or treatment agreement) are always subject to typographical errors.
Article 10 – Amendment, termination, suspension or dissolution of the treatment agreement
1. If during the performance of the treatment agreement it becomes apparent that it is necessary to amend or supplement it for proper performance, the parties will consult on this. The Patient agrees to an amendment or supplement if this can reasonably be required of the Patient.
2. Lidy Knigge has the right to dissolve, terminate or suspend the treatment agreement:
- if the Patient behaves improperly or discourteously towards Lidy Knigge or its employees;
- if the Patient has not complied with the payment conditions before the treatment;
- if circumstances arise of such a nature that performance of the obligations under the agreement cannot reasonably be required of Lidy Knigge.
3. If the termination, suspension or dissolution is attributable to the Patient or is for the Patient's account, Lidy Knigge has the right to recover the resulting damage from the Patient.
4. Both before and during the treatment, Lidy Knigge has the right to suspend the performance of the treatment until the Patient has paid the amount due to Lidy Knigge. The Patient retains the possibility of treatment.
5. If the Patient does not comply with the instructions given regarding smoking and the use of drugs and alcohol before the treatment, Lidy Knigge may be compelled to cancel the treatment. In that case the full costs and (advance) payments are for the Patient's account.
6. When the Patient commits to a treatment orally or in writing, this communication constitutes a binding agreement to undergo the treatment and the payment and cancellation conditions take effect (Articles 6 and 9). Once the treatment agreement has been signed, it is binding on both parties.
7. Lidy Knigge reserves the right to have the planned treatment or procedure carried out by another qualified care provider.
Article 11 – Default of payment
By the fact that Lidy Knigge has not obtained the full amount due on the due date of the payment conditions, the Patient is in default without any notice being required.
Article 12 – Information for presentation purposes
Only when written consent has been obtained from the Patient will Lidy Knigge make (public) use of the information obtained before, during and/or after the treatment, including photographs.
Article 13 – Liability
1. Lidy Knigge's liability is limited to the amount for which it is insured and is further capped at the invoiced amount, unless a medical procedure within the meaning of the Dutch Medical Treatment Contracts Act (WGBO) is concerned. Section 7:463 of the Dutch Civil Code provides that a care provider's liability cannot be contractually limited or excluded. In general this concerns fault-based liability. This means that the care provider is only liable for damage caused by culpable conduct, i.e. by making a culpable error, and not for damage resulting from usual complications or evident risks of the treatment.
2. Lidy Knigge is not liable for damage to or loss of a Patient's belongings. The Patient must take the necessary care to prevent damage to or loss of his or her belongings.
3. Lidy Knigge is not liable for damage arising from a cause for which the Patient is responsible, such as incorrect or incomplete information provided by the Patient.
4. The limitation and expiry period of a claim by the Patient is, contrary to the statutory period, one year.
Article 14 – Disputes
1. Dutch law applies to treatment agreements with Lidy Knigge. All disputes relating to these treatment agreements are settled by the competent court of the District Court of Midden-Nederland.
2. The parties will only turn to the court and/or a complaints or disputes body after they have made every effort to resolve the dispute by mutual agreement. Reference is made to Lidy Knigge's complaints procedure for this purpose.
Article 15 – Handling of complaints
1. A complaint from the Patient or their representative can be submitted via info@lidyknigge.nl. Lidy Knigge will endeavour to resolve the complaint as quickly as possible. If the complaint is not resolved by mutual agreement to the Patient's satisfaction, the DOKh complaints scheme applies. It can be found on the DOKh website and in the complaints procedure on this website.
2. For the handling of disputes, Lidy Knigge is also affiliated with the DOKh disputes body. The applicable disputes scheme can likewise be found on the DOKh website.
Article 16 – Recovery of payments
All costs incurred by Lidy Knigge in connection with collection, both judicial and extrajudicial, are furthermore for the Patient's account. Collection costs are calculated in accordance with the Dutch Extrajudicial Collection Costs (Fees) Decree. In the event of judicial intervention, the liquidated costs of proceedings are also for the Patient's account in addition to the extrajudicial costs. Insofar as Lidy Knigge is required to pay VAT on the collection costs, the stated collection costs are increased accordingly.
Article 17 – Price changes
1. Lidy Knigge reserves the right to change the rates on its price list without further notice. For each treatment, the rate stated on Lidy Knigge's website at the time the treatment takes place applies. New rates apply from the moment they are published. Prices of ongoing treatments, however, remain in effect.
2. The same applies to quotations, but only for as long as the quotation is valid. If the Patient responds after the stated validity date of the quotation, the Patient automatically agrees to the new price.
Article 18 – Set-off
The Patient cannot invoke set-off if the Patient's counterclaim is disputed by Lidy Knigge on good grounds.
Article 19 – Privacy
When processing personal data, Lidy Knigge applies the relevant legislation on the processing of personal data, such as the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act (UAVG) and the Dutch Act on additional provisions for the processing of personal data in healthcare (Wabvpz). See also the cookie statement on this website.