General Terms and Conditions

General Terms and Conditions of DentalZorg

Our General Terms and Conditions are applicable as of January 1, 2016, and apply equally to all practices operating under the name DentalZorg.

Article 1 General and Applicability of Terms and Conditions
In these general terms and conditions, the following definitions apply:

a. Client: the person who has given Dentalzorg dentists and other (oral) healthcare providers, hereinafter referred to as: Dentalzorg, the assignment to perform dental, orthodontic, and/or prosthetic treatments.

b. Treatment: all treatments as outlined in a quotation or budget previously sent to the patient, and all actions directly related to the patient’s assignment, whether verbal or not, in the broadest sense of the word.

c. Care Provider: the person who, as a healthcare provider, treats clients in his or her professional capacity, either in the dental care sector or in any other branch of healthcare such as orthodontics and prosthetics, etc.

These terms and conditions also apply to every treatment agreement as referred to in Articles 7:446 et seq. of the Civil Code that the practice enters into with patients; the treatment agreement is hereinafter referred to as the “treatment agreement.”

These terms and conditions form part of the treatment agreement and will be:

  1. Published in a place accessible and visible to clients in all locations of DentalZorg
  2. Published on the practice’s website(s) (currently: https://narcosetandarts.eu/); and
  3. Upon request, provided in writing to clients.

Article 2 Conclusion of Agreement

a. The agreement is generally concluded when the patient agrees to the treatment. This can be done either verbally or in writing.

b. The quotations made by Dentalzorg are non-binding. The patient automatically agrees to the quotation at the moment the relevant treatment begins.

Article 3 Treatment and Information

  1. Dentalzorg will carry out the agreement to the best of its knowledge and ability, in accordance with the standards of good craftsmanship, based on the state of knowledge at the time. It will carry out the assignment, if and to the extent applicable, in accordance with the Code of Conduct and professional regulations.

  2. Dental treatments are considered medical treatments. The (dentist) has an obligation of effort, not an obligation of results.

  3. Dentalzorg is entitled to engage third parties in the execution of the agreement. It will exercise care in selecting these third parties and, if reasonably possible, consult with the patient beforehand, except for substitutes and dental technicians. Dentalzorg is not liable for the actions of these third parties. Articles 7:404, 7:409, and 7:422, paragraph 1 of the Civil Code are not applicable.

  4. Before any dental treatment, the patient or their legal representative will be informed in writing about the estimated costs for treatments starting from €250. In case of acute pain, treatment may, by exception, take place before the patient has been informed in writing about the total treatment costs.

  5. The patient is obligated to provide all data and documents, including address details and health insurance information, that the practice deems necessary for the execution of the agreement in a timely manner and in the required format. The patient is also obligated to ensure the accuracy, completeness, and reliability of the information provided to the practice.

  6. If the execution of the agreement is delayed due to the failure of the patient to provide the required data, whether not at all, not timely, or not properly, any additional costs and extra treatment expenses will be borne by the patient.

  7. Treatment agreements are concluded orally; if requested by the patient, the treatment agreement will be concluded in writing with that patient.

  8. In consultation with the patient, the established treatment plan and related budget may be modified during the treatment.

  9. In the event of a necessary modification to the treatment plan, either due to unforeseen complications during the treatment or otherwise, which leads to exceeding the budget, the additional costs will be charged to the patient proportionally. The treatment plan will, to the extent possible, also include any potential health consequences or risks for the patient and other treatment methods that may be considered.

  10. If during a treatment, the patient modifies the assignment, the care provider has the right to charge all costs already incurred, such as those for workpieces like technical work (crowns, bridges, and prostheses) or special materials (implants, etc.), as well as the work performed up to that point.

Article 4 Costs and Payment

  1. The treatment costs, including materials, are owed by the patient and will be charged, regardless of whether these costs can be fully or partially claimed from the health insurance company.

  2. Dentalzorg largely transfers its claims by assignment to Infomedics. Infomedics handles the collections; in this case, the patient is required to pay directly to Infomedics.

  3. If the patient is insured for the agreed treatment, the practice is authorized to claim the treatment costs directly from the relevant insurer.

  4. The practice calculates the treatment costs and the patient’s contributions for dental treatment, as approved or determined by the Dutch Healthcare Authority (NZa).

  5. The practice reserves the right to change the rates for services or treatments provided without prior notice, in compliance with the applicable pricing regulations of the NZa or any other legally designated authority.

  6. Upon request, the patient is obligated to grant the practice authorization for automatic collection of the invoices issued to the patient.

  7. Treatment costs must be paid directly in cash or by debit card. It is possible to pay by invoice if the form “Request for Payment on Account (ABOR)” is completed and submitted and approved by the financial administration.

  8. Unless otherwise agreed, invoices must be paid within 21 days from the invoice date, without any deductions or offsets. Payment should be made to one of the bank or giro accounts specified on the invoice. If there are multiple outstanding invoices, payments will first be applied to the oldest debts.

  9. The practice is entitled, where reasonably justified, and in compliance with NZa regulations, to require full or partial prepayment or collateral for the estimated treatment costs or services to be provided.

  10. If the patient, in the case of orthodontic treatment, believes that the treatment results have not been achieved, the patient may not request a refund of any advance payments made.

  11. Cancellation and Refund: You have the right to cancel your purchase/order within the statutory cooling-off period of 14 calendar days after the day you received the confirmation and completed the payment. However, if you exchange, return, or otherwise change your order/purchase during the cancellation period, you expressly request DentalZorg to make its services and products available to you, and you acknowledge that you lose your right to cancel the order.

Article 5 Appointments, SMS Service, and Cancellation

  1. Appointments must be cancelled free of charge by the patient no later than 48 hours before the treatment, except in cases of extreme necessity. If an appointment is not cancelled or is cancelled within 48 hours of the appointment, the practice reserves the right to charge the reserved time if no other patients could be treated or other honored work could be performed. The dentist will reasonably apply a percentage (0-100) of the intended treatment amount.

  2. By making an appointment, the patient automatically agrees to these cancellation terms. If, for any reason, an appointment cannot take place, it must be communicated by phone to DentalZorg at least 48 hours in advance during office hours on weekdays. The weekend starting from Friday 5 PM and public holidays are not counted. For appointments that are not kept or cancelled less than 48 hours in advance, the cost of the reserved room will be charged.

  3. Questions about charged rates must be submitted by the patient in writing to the practice within eight days of the invoice date. Failure to do so will result in the patient being deemed to have accepted the invoice as correct.

  4. The patient will receive a reminder of the appointment a few days before the treatment via SMS and/or email. The patient’s mobile phone number must be up-to-date in our records. Changes to mobile phone numbers must be communicated in a timely manner. The SMS service is intended as an additional reminder for the patient. The patient cannot claim any right if the reminder is not received or is received too late. Not receiving or receiving the reminder too late does not relieve the patient of their obligation to comply with the appointment.

  5. We use your personal data, including your address, phone number, and email address, to inform you about scheduled appointments and remind you of semi-annual check-ups or other appointments related to treatments provided in one of the DentalZorg practices. The means we use include letters, SMS, phone calls, email, and WhatsApp.

Exceeding the Payment Term (Default Procedure)

  1. The payment obligation will not be suspended because the patient files a complaint with the KNMT or another body regarding the rates and/or treatment. The patient must inform the practice promptly of their complaint. By the mere fact that the practice has not received full payment by the invoice’s due date, the patient is in default without any further notice or formal demand.

  2. If the patient fails to meet the payment obligation within five days of receiving a notice of default, the practice is entitled to take collection measures at the patient’s expense, or to involve third parties in the collection process.

  3. In the case of payment arrears, the practice is entitled to suspend further treatment or require payment in cash, unless the amount of the arrears and/or the nature of the treatment precludes this.

  4. All extrajudicial collection costs associated with the collection of the claim will be borne by the patient or their legal representative. These costs amount to 15% of the principal sum, with a minimum of €40.

  5. For payment arrangements, the practice may charge €8 administrative costs per installment.

  6. Any payment arrangement that is not strictly adhered to by the patient will automatically expire as soon as the patient is in default, without any formal notice of default being required.

  7. The practice has authorized the company A. Service Centre B.V. to carry out all (legal) actions related to the payment transactions and collections on behalf of the practice.

Article 6 Complaints Procedure[1]

  1. DentalZorg has an accessible complaints procedure and handles complaints in accordance with this procedure and the KNMT guidelines.

  2. Complaints about invoices must be submitted in writing to DentalZorg within eight days of the invoice date, or the patient will be deemed to have accepted the invoice as correct.

  3. Complaints regarding the execution of the treatment agreement must be submitted to DentalZorg in a timely manner, fully and clearly described, after the patient has identified the defects.

  4. As soon as a complaint is received from a patient, the concerned party will receive an initial response within three working days. This response is a formal acknowledgment of receipt and the initiation of the complaint process.

  5. Complaints submitted to DentalZorg will be answered within 21 days, calculated from the date of receipt. If a complaint requires a longer processing time, DentalZorg will respond within the same timeframe with an acknowledgment of receipt and an indication of when the patient can expect a more detailed response.

Article 7 Liability

    1. The dentists working at DentalZorg (self-employed) are personally liable for any direct or indirect damage resulting from their actions or omissions in the execution of the treatment agreement. They have the necessary insurance for this.

    2. Dentalzorg is only liable for direct damage caused by a attributable failure in the execution of the treatment agreement. Dentalzorg’s total liability is limited to the amount paid by its liability insurance in the relevant case.

    3. If the insurer does not pay out, or if the damage is not covered by insurance, Dentalzorg’s liability is limited to the amount of the invoice.

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  1. A condition for the establishment of any right to compensation is that the damage is reported in writing to DentalZorg as soon as possible after its occurrence. If possible, DentalZorg should be given the opportunity to (have the damage) repaired or (have it) reduced.

Article 8 Applicable Law

  1. Dutch law applies to the treatment agreement.

  2. All disputes related to the treatment agreement between the client and Dentalzorg, to which these general terms and conditions apply, will be settled by the competent court in the district where DentalZorg has its office.

Amsterdam, January 1, 2016

The content of texts on our sites or sent messages can only be used as rights against DentalZorg or its affiliated companies if they are supported by legally signed documents.

All information via digital communication is personal and/or confidential and intended only for the addressee. Disclosure, reproduction, distribution, and/or provision of this information to third parties is not allowed. DentalZorg does not guarantee the correct or complete transmission of the content of a sent email, nor timely receipt thereof.

If you have received a message by mistake, you are requested to immediately notify the sender and delete the original message and any copies from all locations on your computer and network without delay.

The content of this site is protected by copyright. All ownership rights regarding pages, content, and arrangement rest with DentalZorg. The user of the site is not allowed to modify, copy, distribute, send, display, publish, sell, license, or create derivative works from the content of the site or use it for any purpose other than intended, namely providing information about DentalZorg.

Although DentalZorg strives to include accurate and up-to-date information on this website, errors or omissions may sometimes occur. DentalZorg expressly disclaims any liability under the failure to fulfill an agreement, tort, strict liability, or any other legal ground, for all direct, indirect, incidental, consequential, supplementary, and special damages, as well as damages in any way arising from or related to access to and use of this site, regardless of whether DentalZorg was aware of the possibility (of such damage occurring).

Nothing from this website may be reproduced or made public without written permission from DentalZorg. A request for permission or further information can be made via the contact form.

Your privacy is respected by us. DentalZorg Dentistry strives to protect your privacy as best as possible and will treat the information you provide to us confidentially. When processing personal data, we comply with applicable laws and regulations regarding privacy. In this privacy and cookie statement, we inform you about how we handle your data.

Categories of Personal Data

By using the website and the services available on it, you leave certain data with us. This also happens at our practice as part of the execution of the treatment agreement. These can be personal data. We only store and use personal data that you directly provide or that is clearly given to us for processing.

Depending on the service you use, we may collect the following data:

  • Name, address, and contact details;
  • Gender;
  • ISBN;
  • Email address;
  • Phone number;
  • Health-related data;
  • Name of your health insurer;
  • Name of your other healthcare provider;
  • Time, date, and location of your appointment;
  • Payment details (Bank account number and bank name);
  • Creditworthiness data (in case of a new patient and basic insurance).

Legal Basis for Data Processing

We may only lawfully process your personal data if we do so on the basis of a legal foundation. We process your personal data because it is necessary for the performance of the agreement between you and us, as set out in Article 6(1)(b) of the General Data Protection Regulation (GDPR). Additionally, we may process your personal data for another legitimate interest, such as informing our patients about updates or changes in our services. This legal basis is laid down in Article 6(1)(f) of the GDPR.

Purposes of Data Processing

The personal data we collect is used for the following purposes:

  • Creating a patient code (file) to register you with the practice;
  • Maintaining your medical file;
  • Scheduling an appointment;
  • Performing a treatment;
  • Conducting a credit check;
  • Maintaining preferences indicated by you;
  • Improving our services;
  • Performing other services and treatments requested by you.

Disclosure of Your Personal Data to Third Parties

We will generally only share your personal data with third parties if you have given us your consent. Data sharing without your consent will take place if necessary to perform the agreement between you and us or if a legal obligation requires us to do so.

Retention Periods

We will not keep your data longer than necessary for the purposes described in this privacy and cookie statement, unless required by law. For the retention of your medical data, we apply the statutory retention period of 15 years under the Medical Treatment Agreement Act (WGBO). In addition to the WGBO, we also consider retention periods from other legislation, if necessary.

Security Measures

To protect your data as well as possible, we have implemented appropriate security measures. We use the medical software package Simplex, which encrypts all data processed and transmitted. Our website is secured with an SSL certificate, ensuring that all data is transmitted securely.

Links to Third-Party Websites (via Hyperlinks)

To assist you, we have included links to third-party websites on our site. Please be aware that when you visit these sites, the privacy policies of these third parties apply. We recommend that you read the privacy statements of these websites before further use.

WhatsApp

Of course, DentalZorg handles the information you share with us via WhatsApp confidentially. WhatsApp is a third-party service. For this reason, DentalZorg cannot guarantee the security of WhatsApp in terms of privacy. We advise you to read WhatsApp’s terms of service, privacy policy, and IP policy. By agreeing to these terms, we assume you are aware of the level of security regarding WhatsApp use. When you contact us through our WhatsApp service, our General Terms and Conditions apply. These include security measures regarding privacy.

Facebook, Twitter, Youtube, and LinkedIn

On this website, there are buttons to promote or share pages on the social networks Facebook, Twitter, Youtube, and LinkedIn. These social media buttons work with cookies from the respective social media platforms, namely Facebook, Twitter, Youtube, and LinkedIn. However, these cookies are only placed when you click on these links.

Chat Function TawkTo

To communicate with our visitors via the website, we use the Tawk.To application. Tawk.to records your visit to our website, including the pages visited and the contact moment, if present. By using Tawk.to, we first ask for your consent. This is done so that after each session, the conversation can be automatically emailed to you (upon request) and to register your conversation. The Tawk.To application complies with the requirements of the GDPR.

Use of Cookies

To ensure the proper functioning of our practice website, we use cookies. Cookies are small information files that can be stored on or read from the visitor’s device (such as a PC, tablet, or smartphone) when visiting a website. This happens through the web browser on the device. There are different types of cookies. We use the following types of cookies:

  • Functional cookie: These cookies are necessary for the website to function correctly. These cookies are set by default and are not removed if you do not accept cookies.
  • Analytics cookie: Used to analyze how visitors use our website and make improvements based on this. We do not use your IP address for this.
  • Marketing cookie: These cookies help show you specific DentalZorg advertisements on other social websites based on your browsing behavior. Tracking cookies are used to track a visitor’s browsing behavior. This data is used to provide you with relevant ads on other websites.

Through our website, cookies are placed by the American company Google as part of the Analytics service. We use this service to track and report on how visitors use the website. We do not use this service for logged-in users. We have not allowed Google to use the obtained Analytics information for other Google services, and we anonymize the IP addresses. The information collected by Google is transferred to and stored on servers in the United States. We have a processing agreement with Google. The information Google collects is anonymized as much as possible. We have no influence on how Google and/or third parties use this data. Google may share this information with third parties if legally required or if third parties process the information on Google’s behalf. Google adheres to privacy principles and is part of the Privacy Shield of the US Department of Economic Affairs and the European Commission. For more information about this data processing, you can read Google’s privacy statement.

In your browser, you can adjust the settings related to the use of cookies if desired. You can also manually delete cookies. Please refer to your browser’s manual for instructions.

Your Rights

When you have provided personal data to us, you have several rights that you can exercise. You have the right to access, rectify, and erase your data. You can also request that your data be transferred to you or another party or that the processing of your data be restricted. You may also object to the processing of your data. Additionally, you may withdraw your consent for data processing at any time. You can make your request known to us by sending an email to vragen[@]www.dentalzorg.nl or by contacting us by phone at 075-6555500. We aim to respond to your request within 14 working days.

File a Complaint with the Dutch Data Protection Authority

If you are not satisfied with how we handle your data, you can file a complaint with the Dutch Data Protection Authority. The contact details of the Data Protection Authority can be found here: https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-over-gebruik-persoonsgegevens

Changes to this Privacy and Cookie Statement

We reserve the right to adjust this privacy and cookie statement. These changes will be announced via our practice website. We therefore recommend that you regularly review this statement to be aware of any changes.

Our Contact Details

If you have any questions or comments after reading this privacy and cookie statement, please feel free to contact us using the contact details below:

De heer A. Chaki

E-mail: personeelszaken@dentalzorg.nl

Tel: 075-6555500