Terms and Conditions
Metabulous Nutrigenomics reserves the right to modify these general terms and conditions for future reference. Changes to the general terms and conditions will only take effect after they have been clearly announced by Metabulous Nutrigenomics.
If a provision of these General Terms and Conditions is found to be invalid due to the application of law, regulation, or a final decision of a competent court, all other provisions of the General Terms and Conditions will remain fully in force.
General Terms and Conditions for Metabulous Nutrigenomics
Definitions
a. Service Provider: Metabulous Nutrigenomics, located in Utrecht, the Netherlands, and registered with the Chamber of Commerce under number (KvK) 80929818, BTW: NL003505936B70, and the website metabulous.com set up for client information.
b. Client: The individual availing the services and/or products and associated services from the Service Provider or their legal representative. Together referred to as: Parties
c. Conditions: All clauses from these general terms and conditions.
Scope and Activation
a. These general conditions apply to all services of the Service Provider, including consultations, advice, education, and any form of service via the website.
b. A service agreement is established when confirmed verbally or in writing.
c. By scheduling an appointment or undergoing treatment, the Client acknowledges and fully agrees to these conditions.
d. Consultations, advice, and education conclude when the treatment ends in mutual agreement or when the Client cancels their follow-up appointment without rescheduling.
Service Provision
a. The Service Provider delivers services to the best of their ability and in line with the ethical values and professional code of the Society for the Advancement of Orthomolecular Medicine, MBOG.
b. The Service Provider and Client will meet at a location determined by the Service Provider.
c. The Client ensures timely provision of all relevant data for the successful execution of the treatment.
d. The Client acknowledges and agrees that the Service Provider only supports the Client’s own choices and does not provide advice on decisions or life changes. The Client remains responsible for their choices and their consequences.
e. Advice from the Service Provider is based on effort and not on achieving a specific result.
f. The Service Provider reserves the right to decline a relationship with a Client or to refer the Client to third parties during the service provision.
g. If the Service Provider cannot meet obligations due to unforeseen circumstances, those obligations are suspended until they can be met.
h. If the Service Provider terminates the agreement prematurely, they will coordinate with the Client to transfer pending tasks to third parties.
Products
a. In addition to phone, and online consultations, the Service Provider offers products including advice and education.
b. These conditions also apply to these products and associated services.
Rate and Payment Conditions
a. Consultation costs are billed according to the current price list published on the website, inclusive of VAT. The Service Provider reserves the right to adjust rates. Changes are published on the website and communicated to the Client.
b. If the actual duration of a consultation exceeds the scheduled time, the actual duration determines the rate.
c. The Service Provider may charge for written advice following a consultation.
d. If the Client cannot attend an appointment, they must cancel at least 1 working days (24 hours) in advance. If not, the Service Provider reserves the right to charge for half of the reserved time.
e. Costs for treating a Client under 18 are borne by the Client’s legal representative.
Payment Term and Sanctions
a. The Client is entitled to an invoice that meets the guidelines set by health insurers.
b. The bill must be paid within 14 days of the invoice date. The Service Provider may bill periodically.
c. Any questions about the bill should be directed to the Service Provider within 10 days of the invoice date.
d. If the Client does not pay within 14 days, they are in default. The Service Provider will send a payment reminder.
e. If the Client does not pay within 7 days of the reminder, the Service Provider reserves the right to take collection measures. The Client owes legal interest on the due amount.
f. The Service Provider may charge for subsequent payment reminders.
g. If the Client is in default, all reasonable costs associated with collecting declared amounts are borne by the Client.
h. If the Service Provider incurs higher necessary collection costs, the actual costs are borne by the Client.
i. In case of payment arrears, the Service Provider can suspend further treatment or only provide it against cash payment.
j. The payment obligation is not suspended if the Client files a formal complaint about the bill and/or treatment unless the Service Provider agrees to suspend the payment obligation.
k. The payment obligation does not expire if the Client terminates the treatment agreement or asks the Service Provider to transfer treatment-related information and items to a third party.
Confidentiality
a. The Service Provider is obligated to maintain confidentiality regarding all confidential information obtained during the Client’s treatment, except when disclosure is required by law or a competent government agency or MBOG.
b. If the Client is referred to the Service Provider by another healthcare provider or institution, the Service Provider may request the exchange of relevant information for the treatment process. Information is only provided or requested with the Client’s explicit consent.
c. In the case of online treatments via phone calls or video calls, the Client is strictly prohibited from recording the sessions.
Applicable Law and Liability
a. All legal relationships involving the Service Provider are governed exclusively by Dutch law.
b. If any provision of these General Conditions is found to be invalid due to law, regulations, or a final decision by a competent court, all other provisions remain in full force.
c. The Service Provider strives to provide the best possible services and/or products.
d. If the Service Provider is found liable, the liability is limited as outlined in this clause.
e. The Service Provider’s liability, if covered by their insurance, is limited to the amount paid by the insurer in the specific case.
f. If the insurer does not pay or the damage is not covered by insurance, the Service Provider’s liability is limited to the invoice value of the task, or the part of the task, to which the liability relates.
g. The Service Provider is not liable for any direct or indirect damage, including consequential damage, lost profits, missed savings, and business stagnation.
h. The Service Provider is not liable for the quality and composition of the supplements they recommend. The supplement supplier is responsible for this.
i. The Service Provider is never liable for damages resulting from non-compliance with advice by the Client, incorrect or incomplete data provided by the Client, or continuation of advice after treatment ends or when the Client cancels follow-up appointments.
j. The Client indemnifies the Service Provider against any third-party claims related to the execution of the agreement between the Service Provider and the Client, where the cause is attributable to others than the Service Provider.
Intellectual Property and Copyrights
a. The Service Provider retains all rights and powers granted to them under the Copyright Act.
b. All documents, advice, proposals, agreements, etc., provided by the Service Provider are intended solely for the Client’s use and may not be reproduced, made public, or disclosed to third parties without the Service Provider’s prior consent.
c. The Service Provider has the right to use the knowledge gained during the execution of the tasks for other purposes, provided no confidential information is disclosed to third parties.
d. The Service Provider reserves the right to modify these General Conditions in the future. Changes are effective after clear announcement by the Service Provider. If the Client disagrees, they have 14 days after the announcement of the new conditions to terminate the agreement.
Complaints
a. If a situation arises between the parties that is not regulated in these general conditions, it should be assessed in the spirit of these conditions.
b. The Service Provider is affiliated with the Complaints Committee for Alternative Treatments (Klachtencommissie Alternatieve Behandelwijzen). If you have complaints about the treatment, it is good to make them known. If a personal conversation or mediation does not yield the desired result, you can use a complaints procedure. You can engage the Complaints Committee (de Klachtencommissie) for this purpose