Terms and Conditions of the private limited liability company Dutch Screening Group B.V., having its registered office in Maastricht, as published on www.dutchscreeninggroup.nl and www.hairdiagnostix.nl.
“Terms and conditions.” These general terms and conditions
“DSG”: the private limited liability company Dutch Screening Group B.V., registered with the Chamber of Commerce in Maastricht under number 08100923, having its registered office in Maastricht at the Gaetano Martinolaan 63 A. DSG is the user of these General Terms and Conditions.
Client: the natural or legal person who by virtue of the Agreement purchases a Screening from DSG on the basis of these General Terms and Conditions.
Parties: the Client and DSG together.
Agreement: any written agreement of will between Parties. The General Terms and Conditions always apply to an Agreement.
Screening or Screenings: The analysis of hair samples of the Client with the aim of identifying the presence or absence of certain chemical substances.
- These Terms and Conditions apply to all offers, quotations, orders and agreements relating to the performance of Screenings by DSG.
- The applicability of Terms and Conditions of the Client or contractor, under any denomination whatsoever, is expressly rejected by DSG.
- Deviations from these Terms and Conditions shall only be valid if agreed in advance by the Parties in writing and shall only apply to the specific order for which they have been agreed and not to future orders.
- If one or more provisions of these Terms and Conditions are annulled or are null and void, the remaining provisions shall remain in full force and the Parties shall enter into consultation in order to agree on a new provision (or provisions) to replace the invalid or annulled provision(s), taking into account as much as possible the purpose and intent of the invalid or annulled provision(s).
- Making an offer or making online or offline proposals does not imply any obligation on the part of DSG to conclude an Agreement.
- Obvious mistakes and/or errors in making an offer are not binding on DSG.
- If an offer is made by DSG, it is valid for 14 days unless otherwise indicated on the offer. Online offers / prices are valid as long as they are online.
- The Agreement is established by a written acceptance by the Client. This written acceptance may be effected by accepting the offer online, filling out the order form and accepting the Terms and Conditions.
- The Agreement is formed by the written agreements between the Client and the DSG, as recorded in the confirmation, including the Terms and Conditions.
- Verbal and/or written promises or agreements made by or with employees of DSG are only legally valid if made in writing by an authorized person or subsequently ratified by an authorized person.
- Amendments and/or supplements to the Agreement are only binding if DSG has agreed to them in writing.
- DSG has the right to refuse a Client or order at any time
- All prices quoted in DSG publications are in euros (€).
- Prices may be adjusted or indexed if necessary and for as far as DSG deems necessary.
- Unless otherwise agreed, the Client must pay DSG’s invoices directly (online). For as far as this would not be technically possible, DSG applies a payment term of 7 days. The Screening and the necessary preparations will only commence upon receipt of payment by DSG.
- DSG has no role or responsibility with regard to possible coverage of the Screening by health insurance. DSG does not provide any guarantee of coverage or (partial) compensation. The Client must inform the health insurance company of this.
- If the Client fails to fulfill his/her payment obligation towards DSG or fails to do so on time, DSG will be entitled to compensation of contractual interest of 1% per month from the day on which the Client is in default until the day of full payment. In addition, DSG is entitled to compensation of extrajudicial (collection) costs in accordance with the “Besluit vergoeding voor buitengerechtelijke incassokosten” (Decree on compensation for extrajudicial collection costs) with a minimum of € 40.00.
- If a Client remains in default, DSG shall at all times be entitled to suspend its performance, or to dissolve the agreement and to recover its damages from the Client.
- Agreed periods of time, including response and withdrawal periods, should be regarded as indicative and shall never be regarded as firm dates. The mere exceeding of such a deadline shall not cause DSG to be in default.
- DSG cannot be obliged to commence the execution of the Agreement before all necessary information has been provided by the Client to DSG and before the invoice has been paid.
- The Client is obliged to inform DSG correctly and completely. DSG shall not be responsible for not informing the Client correctly or completely. If DSG suffers damage due to incorrect or incomplete information, DSG shall be entitled to recover such damage from the Client.
- It is not allowed to order a Screening for third parties.
- DSG is at all times entitled to have all or part of the Agreement performed by third parties.
- You buy a personalized Screening from DSG. This does not entitle you to the 14-day consideration period. Once an order has been placed, it cannot be cancelled and the agreement can no longer be revoked free of charge.
- Parties shall be authorised to suspend the Agreement in whole or in part or to annul it in writing with immediate effect without notice of default and/or judicial intervention, without being obliged to pay any compensation, if the other party: a) as a result of suspension of payment, bankruptcy, (statutory) debt rescheduling, seizure or otherwise becomes unable to pay or ceases to exist; b) does not (fully) fulfil one or more obligations under the Agreement and the failure is so serious that continuation of the Agreement can no longer be demanded in accordance with standards of reasonableness and fairness, or that other circumstances arise of such a nature that the unaltered maintenance of the Agreement cannot be expected.
- Annulment of the Agreement does not entitle the Parties to restitution of contributions paid in advance, unless the Parties have agreed otherwise.
- The parties are mutually obliged to treat all information obtained in the context of the entering into and performance of the Agreement confidentially and, if applicable, are also obliged to impose this duty of confidentiality on their employees and third parties engaged by them.
- DSG shall ensure careful administration in accordance with the legal (privacy) rules.
- DSG keeps the provided data, hairs and test results of the Client in a file. The Client has – in accordance with applicable laws and regulations – the right to access his/her file after submitting a written request to DSG.
- The results of the Client’s research are exclusively used by DSG for the purpose of making a report for which these data are necessary and for general scientific research that is completely anonymized. On the basis of this research, DSG may develop new products. DSG may also promote its services using anonymized cases. DSG declares that Client data will not be used for other purposes unless expressly agreed otherwise.
- If DSG would be required by a legal provision or court order to provide confidential information to third parties designated by law or by the competent court, DSG shall not be liable for damages or compensation.
- If the Client does not (no longer) wish DSG to use or store his contact details, this can always be indicated free of charge. Contact details will then be deleted.
- DSG reserves all intellectual property rights to which it is entitled under the relevant laws and regulations.
- All documents provided by DSG, such as Screenings, are exclusively intended to be used by the Client.
- DSG only carries out a screening of the hair of Client. During a Screening, specific research is carried out into the presence of certain substances. DSG does not give a substantive opinion (except for a general benchmark) or medical advice regarding the result of the Screening. DSG advises each Client to contact their own general practitioner or other medical expert with questions about the results of a Screening. DSG does not provide medical advice in any way.
- DSG is not liable for the result of the Screening or any follow-up with third parties as a result of the outcome of a Screening, nor for abuse of a Screening.
- DSG shall only be liable for non, incorrect or partially incorrect execution of the agreement if and to the extent that this is the direct result of intent or gross negligence on the part of DSG. DSG is not liable due to spelling and/or typing errors or errors in the Screening as a result of a malfunction of the equipment used.
- DSG shall in no case be liable for any consequential, indirect, trading, loss of profits or damage caused by auxiliary persons and/or third parties engaged by DSG in the performance of the agreement
- Parties expressly exclude liability for damages caused by failures in the electronic services of DSG and third parties, such as providers, network operators or other telecommunication networks.
- Liability of DSG is at all times limited to direct, material damage and to the amount covered by DSG’s liability insurance. In cases where DSG’s liability insurance does not provide cover, liability is limited to a maximum of € 10,000.00. (EUR ten thousand).
- Under penalty of forfeiture of rights, DSG must be held liable in writing, stating the reasons, at the latest within 15 working days after the failure on the part of DSG has been discovered by the Client or could reasonably have been discovered by the Client..
- Liability does not suspend the payment obligation of the Client.
- In case of force majeure DSG is entitled to suspend the fulfilment of its obligations under the Agreement until the force majeure situation has been remedied. This may also happen after DSG should have already fulfilled its obligations.
- Force majeure shall be understood to include, in addition to what ensues from the law and case law, failure or malfunction of DSG’s scanning equipment.
- If the force majeure situation continues for more than 2 months, the parties shall be entitled to terminate the Agreement without any right to compensation.
- All legal relationships between DSG and the Client shall be governed exclusively by Dutch law.
- Disputes will exclusively be submitted to the competent court of the District Court of Limburg, court location Maastricht.