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Terms & Conditions

Article 1. Applicability of the General Terms and Conditions

  1. The General Terms and Conditions apply to every offer of the Service as well as to the execution and handling of the Service by Shen Massage Studio.

  2. Before the agreement for the provision of the Service by Shen Massage Studio is concluded with the Client, the text of the General Terms and Conditions is made available to the Client in writing by Shen Massage Studio.

  3. The Client agrees to the General Terms and Conditions before the start of the first Service. If the General Terms and Conditions are amended, the amended General Terms and Conditions will again be made available to the Client for the first Service after the General Terms and Conditions have been amended. 

  4. At the request of the Client, Shen Massage Studio will explain the General Terms and Conditions.

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Article 2. Deviation from the General Terms and Conditions

  1. The Client and Shen Massage Studio can deviate from what is included in the General Terms and Conditions, if the deviation is not to the detriment of the Client and the deviation has been confirmed in writing.

  2. A deviation from the General Terms and Conditions applies for the future and has no retroactive effect.

 

Article 3. Realization of the agreement

  1. The agreement between Shen Massage Studio and the Client is concluded at the moment a Service of Shen Massage Studio is scheduled by the Client or at the moment that Shen Massage Studio provides a Service in response to a request from the Client. accepted and implanted.

  2. The agreement between the parties directly extends to the provision of the Service consisting of (treatment) actions with regard to the Client. 

  3. The agreement with Shen Massage Studio for the provision of one or more Services can be entered into by:

    • the Client himself if he has already reached the age of 16 and is not mentally incapacitated;

    • both the Client and his parents or guardian, if the Client is between 12 and 16 years old;

    • the parents or guardian of the Client, if the latter has not yet reached the age of 12;

    • a representative of the Client, as referred to in paragraph 3 of this article, if the Client should be considered mentally incompetent (the Client cannot be considered capable of a reasonable assessment of their interests with regard to a decision or situation at issue ).

  4. The agreement for the provision of one or more Services by Shen Massage Studio can be entered into with a representative of the Client. The representative acts on behalf of the incompetent Client and will represent the interests of the Client. The following may act as a representative:

    • a trustee or mentor appointed by the court;

    • a person authorized in writing by the Client;

    • the spouse, registered partner or other life companion;

    • a parent, child, brother, sister, grandparent or grandchild of the Client.

 

Article 4. Obligations Shen Massage Studio

  • with regard to provision of information

  1. Shen Massage Studio informs the Client in a clear manner that suits his comprehension, and consults with the Client in a timely manner about the intended examination and the proposed treatment and about the developments regarding the examination, the treatment and the Client's state of health . Shen Massage Studio informs a Client who has not yet reached the age of twelve in such a way as suits his comprehension.

  2. The information obligation is fulfilled based on the following circumstances:

    • the nature and purpose of the examination or the (treatment) treatment that he considers necessary and of the operations to be performed;

    • the expected consequences and risks thereof for the health of the Client;

    • other methods of examination or treatment that may be considered;

    • the state of and the prospects with regard to his health with regard to the field of the examination or the (treatment) treatment.

    • the period within which the possible methods of examination or (treatment) treatments can be carried out and the expected duration thereof.

  3. Shen Massage Studio will in any case provide information about the following:

    • the period within which the possible methods of examination or (treatment) treatments can be carried out and the expected duration thereof.

    • ​the details (name and position) of Shen Massage Studio; 

    • the massage treatment to be provided;

    • the rates applied;

    • the Client's own responsibility to check in advance to what extent the costs of a treatment by Shen Massage Studio are reimbursed under an insurance policy;

    • opening hours and accessibility; 

    • these general terms and conditions and the payment terms used by Shen Massage Studio;

    • the complaints procedure.

  4. ​Shen Massage Studio will inform the Client if changes have occurred with regard to the information referred to in paragraphs 1 and 2 of this article.

  5. At the request of the Client, Shen Massage Studio provides the information regarding paragraphs 1 and 2 of this article in writing or electronically.

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  • the professional standard of Shen Massage Studio

  1. Shen Massage Studio acts in accordance with his responsibility arising from the applicable professional standard and quality requirements of other relevant legislation that applies to him, such as the WKKGZ (if applicable) and GDPR. Treatments are covered by the professional standard of Shen Massage Studio

    • ​which is in any case safe, effective, efficient and client-oriented, is provided in a timely manner and is geared to the actual needs of the Client, 

    • whereby the rights of the Client are carefully observed and the Client is also otherwise treated with respect.

    • The professional standard of Shen Massage Studio entails an opinion of what is considered correct and correct action in the given circumstances by other professionals. 

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III. with regard to the protection of personal data

  1.  In the performance of his duties, Shen Massage Studio will comply with the obligations arising from the processing of personal data, in particular the processing of medical personal data.

 

Article 5. Obligations of the Client

  1. The Client is obliged to provide all relevant information before the start of the agreement with Shen Massage Studio and at the latest before the performance of the first Service by Shen Massage Studio.

  2. The Client also provides all cooperation to Shen Massage Studio that is reasonably necessary for the proper performance of the Service.

  3. The Client also informs Shen Massage Studio about new relevant circumstances, such as: 

    • changes in the Client's health situation; 

    • the use of medicines including stopping this use; 

    • changes in the Client's representation; 

    • the possible applicability of the debt rescheduling scheme for natural persons. 

  4. The Client must strictly comply with the financial agreements with Shen Massage Studio at all times.

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Article 6. Protection of the Client's personal data

  1. Shen Massage Studio takes the necessary technical and organizational measures for adequate protection of the Client's personal data. 

  2. Shen Massage Studio keeps a file on the performance of the Service, which includes the relevant personal data, relevant medical data including indications as well as the personal data of the parents (if applicable), any curator, mentor, guardian or representative of the Client.

  3. In the file, Shen Massage Studio keeps a record of the data regarding the health of the Client and the Service with regard to performed operations and includes other data in it, all this insofar as this is necessary for proper assistance to the Client.

  4. Shen Massage Studio keeps the Client's file for twenty years, counting from the time when the last change in the file took place, or longer if this reasonably results from good care.

  5. Shen Massage Studio destroys the personal data from the file in the following cases:

    • ​​the information is not or is no longer relevant for the performance of the Service by Shen Massage Studio, unless there is a legal retention period that has not yet expired;

    • after the expiry of 20 years from the calendar year in which the last Service was performed;

    • if Shen Massage Studio is required to do so by a court by means of a final judgment. 

  6. Shen Massage Studio has a privacy statement. This privacy statement can be consulted on the website of Shen Massage Studio.

  7. The privacy statement of Shen Massage Studio includes, among other things:

    • ​the controller responsible for the processing of the Client's personal data;

    • that the processing takes place in accordance with the GDPR and within the EEA; 

    • that processing agreements have been concluded with parties that process the personal data on behalf of the Shen Massage Studio; 

    • how the Client can make use of its data subject rights under the GDPR, such as the right of access, the right to rectification, the right to limit processing, the right to be forgotten, the right to data portability, can be exercised at the ways as included by Shen Massage Studio in his privacy statement. 

    • the data of the Dutch Data Protection Authority, if the Client wishes to submit a complaint about the processing of the personal data.

 

Article 7. Termination, suspension or refusal of Service by Shen Massage Studio

  1. ​Shen Massage Studio can, with compelling reasons, cancel the agreement to provide the Service.

  2. Weighty reasons are present if the relationship between Shen Massage Studio and the Client has become untenable, as a result of which Shen Massage Studio cannot reasonably be expected to continue the agreement. These reasons include in any case:

    • the nature and/or scope of the request for help changes substantially and exceeds the expertise or capabilities of Shen Massage Studio;

    • the Client exhibits very discourteous or aggressive behaviour;

    • Shen Massage Studio has a serious conflict with the Client and/or the Client does not want to cooperate in the treatment;

    • the Client persistently refuses to pay the bill;

    • Shen Massage Studio has a significant interest in terminating the agreement.

  3. In the event of cancellation, Shen Massage Studio will assist the Client to the best of his ability in finding an alternative.

  4. Shen Massage Studio is entitled to refuse to perform the Service, motivated by substantive reasons.

  5. Shen Massage Studio is entitled to suspend further services to the Client in the event of payment arrears for two Services provided.

 

Article 8. Termination of the agreement by the Client

  1. The Client is free to terminate the agreement immediately.

  2. The agreement ends by operation of law upon the death of the Client.

 

Article 9. Appointments and Cancellation

  1. Scheduled agreements for the performance of one or more Services are in principle fixed.

  2. After scheduling an appointment, the Client will receive confirmation of the appointment as well as the house rules of Shen Massage Studio, which also apply when the Client comes to the practice. The Client will also comply with the house rules of the practice of Shen Massage Studio at all times.

  3. Contrary to the provisions of paragraph 1, the Client may cancel the appointment and costs will be incurred depending on the time of cancellation. The costs are:

    • 72 hours before the scheduled appointment: 50% of the Service;

    • 36 hours before the scheduled appointment: 75% of the Service;

    • Within 24 hours before the scheduled appointment: 100% of the Service.

  4. Cancellations must be accepted as cancellation if they have been communicated to Shen Massage Studio by e-mail. With regard to the costs, the time of receipt of the cancellation by Shen Massage Studio or his practice is decisive.

 

Article 10. Payment of the Service

  1. The price of the Service is always denominated in Euros and includes VAT and other costs.

  2. The Service must be paid in euros by debit card payment to the bank account specified by Shen Massage Studio without any discount or settlement.

  3. Payment for the Service must be made in accordance with the payment terms of Shen Massage Studio. These payment terms can be:

    • Payment in advance for the entire Service or Services;

    • Payment of an advance agreed with Shen Massage Studio and the remainder payment in installments, but no later than 4 weeks after the performance of the last Service by Shen Massage Studio;

    • Payment in whole or in part by means of a voucher recognized by Shen Massage Studio or whereby the entire Service must be paid no later than the day after the last Service has been performed.

  4. Shen Massage Studio is entitled to suspend the performance of his Service and to keep it suspended until the Client has resumed or fulfilled his payment obligations.

 

Article 11. Notice of default, statutory interest and extrajudicial collection costs

  1. The Client who does not or does not fully meet his payment obligations is legally in default and default by the expiry of the payment term.

  2. From the moment of expiry of the payment term, the Client owes Shen Massage Studio the statutory interest and the extrajudicial collection costs.

  3. If the Client, despite being summoned to do so, does not meet his payment obligations or makes a reasonable payment arrangement, Shen Massage Studio is entitled to start proceedings before the subdistrict court. In these proceedings, Shen Massage Studio will request the court to order the Client to pay the principal sum, the statutory interest, the extrajudicial collection costs, the bailiff's costs, the court fee, the costs of legal assistance as well as all other costs incurred by Shen Massage Studio for obtaining payment for the Service performed by Shen Massage Studio.

 

Article 12. Force majeure
If Shen Massage Studio does not fulfill his obligations under the agreement for the provision of one or more Services, or does not do so in a timely manner
can perform properly due to external causes and circumstances, foreseen or unforeseen, that cannot reasonably be attributed to Shen Massage Studio, those obligations will be suspended until the time that Shen Massage Studio is still able to fulfill them in the agreed manner.

 

Strikes, government measures, stagnation in the regular course of affairs within his company, including due to incapacity for work or death of the person who performs the Service and a general lack of goods or services required for the realization of the agreed performance are understood as force majeure.

 

Article 13 Liability

  1. The liability of Shen Massage Studio, insofar as these are through liability insurance is covered, is limited to the amount paid out under the professional/company liability insurance in the relevant case. If the insurer does not pay out in any case or if the damage is not covered by the insurance, the liability of Shen Massage Studio is limited to a maximum of the amount of the fee paid by Shen Massage Studio in the last month of the Client for his work in received the relevant agreement.

  2. Shen Massage Studio is not liable for damage of any nature whatsoever caused by Shen Massage Studio relying on incorrect and/or incomplete information provided by or on behalf of the Client. 

  3. Shen Massage Studio is never liable for indirect damage, including stagnation in the regular course of affairs in the Client's company, lost profit, missed savings and consequential damage, in any way related to or caused by the execution of the activities by Shen Massage Studio. 

  4. Shen Massage Studio has the right at all times, if and insofar as possible, to undo the damage suffered by the Client. 

  5. The limitations of liability included in these conditions do not apply if the damage is due to intent or gross negligence on the part of Shen Massage Studio.

 

Article 14 Choice of law and forum
1. Disputes arising from agreements are governed by Dutch law.
2. Disputes will exclusively be submitted to the competent court in the place where Shen Massage Studio is established, unless mandatory provisions to the contrary apply.

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