General terms and conditions

TERMS AND CONDITIONS

Etiq dentists

1. General

In these general terms and conditions, the following definitions shall apply:
a. Patient: the person who has commissioned etiq dentists to carry out dental work (treatments).
b. Treatment: all treatments, as recorded in a budget or invoice sent to patient in advance and all actions directly related to patient's (verbal) order in the broadest sense.

2. Applicability

2.1 Scope of conditions
These terms and conditions are intended to clarify for the benefit of the patient the content of the terms and conditions that apply to the execution of the assignment between him/her and etiq dentists and apply to every offer and every agreement between patient and etiq dentists to which etiq dentists has declared these terms and conditions applicable. If parties wish to deviate from these terms and conditions, this must be in writing.

2.2 The agreement
The general terms and conditions form an inseparable part of the dental treatment agreement(s) between the dentist, including his employees, and the patient, hereinafter referred to as the agreement. They are made available to the patient or his legal representative(s), are present in the waiting room or are sent upon request.

2.3 Conclusion of the agreement
2.3.1 The agreement is in principle established at the moment the patient agrees to the treatment. This can be done either verbally or in writing.
2.3.2 Estimates made by etiq dentists are without obligation. The quotations state the period of validity. The patient automatically agrees to the budget at the time of commencement of the relevant treatment and knows the possible risks of the treatment.

2.4 Order execution
2.4.1 Etiq dentists will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. It will perform the assignment, if and to the extent applicable, in accordance with the rules of conduct and professional practice.
2.4.2 Dental treatments fall under medical/dental treatments. The (dental) physician has an obligation of effort and not an obligation of result.

3. Confidentiality, exclusivity and protection of personal data

3.1 Confidentiality
Etiq dentists is obliged to maintain confidentiality towards third parties not involved in the execution of the assignment. This duty of confidentiality concerns all information of a confidential nature made available to etiq dentists by patient. The obligation of confidentiality does not apply if there is a legal obligation to disclose certain information.

3.2 Protection of personal data
Etiq dentists is entitled to share information obtained, including personal data, images, results and/or models with third parties, namely colleagues, dental technicians, health insurers and government agencies. Data may also be used anonymously for research, publications, accreditations, presentations, own website and patient information. In doing so, Etiq dentists will ensure that the information cannot be traced back to the individual patient.

4. Third parties

In the execution of the agreement, the dentist is entitled to engage third parties. He will exercise due care in selecting these third parties and, if reasonably possible, consult with the patient beforehand, with the exception of observers and dental technicians. The dentist is not liable for the conduct of these third parties. Sections 7:404, 7:409 and 7:422 (1) of the Dutch Civil Code do not apply.

5. Force majeure

5.1 Force majeure
Circumstances which prevent the execution of the assignment and which cannot be attributed to etiq dentists. These include, but are not limited to: strikes in other companies; wildcat strikes or political strikes in etiq dentists' company; an unforeseeable shortage of personnel; a general lack of the necessary raw materials and/or other necessary items or services required for the execution of the assignment; unforeseen stagnation at suppliers or other third parties, on which etiq dentists depends, and general transport problems. These circumstances count as examples of force majeure, insofar as they make the execution of the assignment impossible or unreasonably difficult.

5.2 Entitlement
If a circumstance occurs, after etiq dentists should have already fulfilled its obligations under the assignment, etiq dentists is still entitled to invoke force majeure.

5.3 Obligations
During the period of force majeure, etiq dentists' obligations shall be suspended. If that period lasts longer than three months, both parties have the right to dissolve the agreement, without any obligation to pay damages in that case.

5.4 Reimbursements
If etiq dentists has already partially fulfilled its obligations at the time the force majeure occurs, it is entitled to invoice the part already fulfilled separately. The same applies if etiq dentists can only partially fulfil its obligations. Patient is then obliged to pay this invoice as if it were a separate order. However, this provision does not apply if the part of the assignment already performed or executable has no independent value.

6. Appointments, cancellation and SMS service

Only in cases of extreme necessity can an appointment be cancelled free of charge by the patient no later than 48 hours in advance. Making an appointment is not optional and is always personal. The patient automatically conforms to these cancellation conditions when making an appointment. If for any reason an appointment cannot take place, this must be communicated to etiq dentists by telephone at least 48 hours in advance on weekdays during office hours. The weekend from Friday noon onwards and public holidays are not included in this. Appointments can only be cancelled by e-mail during etiq dentists' holidays. The first time an appointment is cancelled less than 48 hours in advance, €6 per 5 minutes will be charged for a dental hygienist appointment and €17.50 per 10 minutes for a dental appointment. If this happens a second time, the full amount of the treatment will be charged, If this happens a third time in 2 years, etiq dentists has the right not to make a new appointment.

Etiq dentists is entitled to claim compensation for actual damages. For appointments made by telephone, the noted appointment in etiq dentists' diary is considered to be correct. Appointments noted by the patient himself in diaries, calendars, etc. are entirely at his own risk.

SMS service
Days before the appointment, the patient will receive a reminder of the appointment by SMS. The mobile phone number must be current in our database. Changes in mobile phone numbers must be communicated in good time. The SMS service is intended as an additional reminder for the patient. The patient expressly cannot derive any rights from our SMS service or claim not to have received it. Failure to receive a reminder SMS does not release the patient from the obligation to keep an appointment.

7. Costs and payments

The costs of treatment, including materials, are charged to and are payable by the patient, regardless of whether the patient can claim the costs in full or in part from and are reimbursed to the patient by a health insurer. The costs of treatment of minors will be charged to and are payable by the legal representative(s).

7.1 Terms of payment
7.1.1 These terms and conditions apply to all services, supplies and treatment agreements, professionally performed by etiq dentists.
7.1.2 The amounts invoiced for fees, disbursements and deliveries, including any turnover tax, are immediately due and payable without discount.
7.1.3 Questions and/or complaints can only be dealt with if they are submitted in writing, stating reasons, within 15 days of the date of the invoice. Questions and/or complaints regarding invoices submitted after the aforementioned period of 15 days will no longer be dealt with. In such case, the invoice will be considered correct and established between the parties. Lodging a complaint about an invoice does not suspend the payment term and obligation. The same applies to complaints filed with the Dental Complaints Committee or any other body.
7.1.4 Payment must be made within 30 days of the invoice date. After expiry of this term, the declarant is free to instruct third parties to take collection measures without further notice of default.
7.1.5 In the event of non-payment within 30 days of the date of the bill, the patient shall be in default without further notice or notice of default. The interest payable by the debtor on the principal sum is 1.5 per cent per month or part thereof.
7.1.6 All costs involved in the collection of declared amounts (including extrajudicial collection costs) shall be borne by the debtor. The extrajudicial collection costs according to the new Collection Costs Act amount to 15% of the principal sum over the first €2,500 with a minimum of €40 (all exclusive of VAT), 10% over the next €2,500, 5% over the next €5,000, 1% over the next €190,000, 0.5% over the excess of the principal sum with a maximum of €6775, without prejudice to the dentist's right to claim full damages. If the debtor is a legal entity, or a natural person acting in the exercise of a profession or business, extrajudicial collection costs of 15% of the principal sum due will be claimed, with a minimum of €75.
7.1.7 Payments must be made within 30 days of the date of the invoice by the patient. Payments made by the patient always first serve to settle interest, damages and costs due and subsequently due and payable invoices which have been outstanding the longest, even in the event that the patient states that the payment relates to a later invoice. If an advance payment is involved, this will be set off against the last invoice pursuant to the agreement. Notwithstanding the above, the dentist is at all times entitled to demand immediate and/or cash payment.
7.1.8 If payment is overdue, the dentist is entitled to suspend further treatment or to require it to be carried out only against cash payment.
7.1.9 The costs of treatment of, delivery and/or service to minors, who do not have the judgement of distinction, will be charged to the legal representatives. In the case of minors who have reached the age of 16 years, this judgment of distinction shall be deemed to be present and the costs shall be charged to them unless the legal representatives confirm in writing that they will pay the costs.
7.1.10 By newly registered patients, the costs of the treatments are paid in cash or by pin at the reception desk immediately after the treatment. For this, the patient will receive an itemised bill from us for insurance purposes.

8. Treatment and information

Prior to any extensive and/or radical dental treatment, the patient or his/her legal representative will be informed in writing of the estimated costs, including the technical costs to be charged.

If the treatment plan is changed, unforeseen complications arise during treatment or the budget is exceeded, the dentist will inform the patient. As far as possible, the treatment plan shall also include the expected consequences and risks for the patient's health and other methods of treatment to be considered.

The patient is obliged to make available all data and documents which the dentist, in his opinion, needs for the execution of the agreement, in good time and in the desired form and manner.
The additional costs and extra treatment costs resulting from the delay in the execution of the agreement, arising from the failure to make the required data and documents available, or to do so on time or properly, shall be borne by the patient.

The patient guarantees the accuracy, completeness and reliability of the information and documents made available to the dentist. At the patient's request, the dentist shall record in writing the interventions of a major or minor nature for which the patient has given consent.

9. Liability

The liability of etiq dentists is limited to the amount to which the professional liability insurance taken out by etiq dentists gives claim in the relevant case, plus the amount of the dentist's deductible under the insurance policy.

If the insurer does not pay out in any case, or the damage is not covered by the insurance, the liability of etiq dentists is limited to the amount of the invoice. Rights to compensation due to liability expire after 1 year after the damage-causing event has occurred.

10. Warranty conditions etiq dentists

10.1 Validity
The warranty terms and conditions form an inseparable part of the general terms and conditions of etiq dentists.

10.2 Warranty
10.2.1 A warranty period of 1 year applies to treatments for fillings, noting that replacement and/or repair for aesthetic reasons and wear and tear are not covered by the warranty. Also, etiqtandartsen may indicate during a treatment that a filling does not fall within the warranty terms, if, in consultation with the patient, an option outside the indication area for a filling is chosen. This choice is noted in the treatment chart and automatically approved by the patient.
10.2.2 A guarantee period of 1 year applies to treatments for (non-implant-supported) crown and/or bridge work.
10.2.3 A warranty period of 1 year applies to treatments for full dentures of lower and/or upper jaw and frames. Immediate prostheses and partial prostheses are expressly excluded from the guarantee (see paragraph r of these conditions).
10.2.4 A guarantee period of 1 year applies to combination pieces from the treatments mentioned in paragraphs b and c (frame and crown and/or bridge work).
10.2.5 If and insofar as there is a warranty period longer than 1 year, the following applies; the warranty covers the costs of replacement or repair of the workpiece according to the following scale. In the case of a 5-year warranty period: the first year 100% of the costs are covered by the warranty, the second year 80% of the costs are covered by the warranty, the third year 60% of the costs are covered by the warranty, the fourth year 40% of the costs are covered by the warranty, the fifth year 20% of the costs are covered by the warranty. "Cost" in this article means the amount that etiq dentists would normally have charged at the time of performing the treatment under the guarantee; the patient must therefore pay the remainder (i.e. cost price as referred to here minus the guarantee) when the graduated scale applies, in compliance with the payment terms.
10.2.6 The guarantee period is calculated from the day of placement of the workpiece.
10.2.7 If the workpiece is completely replaced under warranty conditions, such replacement shall be covered by the existing warranty conditions, whereby the installation date of the original workpiece shall be the applicable starting point for the warranty period.
10.2.8 Repairs to workpieces, which are subject to warranty conditions, are subject to the existing warranty conditions, whereby the installation date of the original workpiece is the applicable starting point for the warranty period.
10.2.9 As a condition of the guarantee, patient shall, at his or her expense, have the teeth checked and cared for by or on behalf of etiq dentists at least once every 12 months. The patient must also allow regular check-ups by means of X-ray photographs on the instructions of etiq dentists. Failure to perform these checks will void the warranty and etiq dentists will not be liable for any damages that the patient may suffer.
10.2.10 Defects and/or necessary repairs to work pieces manufactured by etiq dentists, caused by (external) influences, such as there are: endodontological and periodontological problems, accident, grinding, use of medication, change in the patient's health, pregnancy, smoking, use of hormone preparations, osteoporosis, etc. or if the patient has not observed the brushing instructions and/or oral hygiene are excluded from the guarantee.
10.2.11 If an element (existing tooth or molar) or implant under a workpiece manufactured by etiq dentists is lost, causing the workpiece to be lost in part, the patient has a claim to warranty, unless the loss of this element is due to (external) influences such as there to be mentioned: endodontological problems and periodontological problems, accident, grinding, use of medication, change in the patient's health, pregnancy, smoking, use of hormone preparations, osteoporosis, e.d. or if the patient has not complied with brushing instructions and/or oral hygiene
10.2.12 Patient is not entitled to any financial compensation if patient chooses to have a replacement or repair performed by a party other than etiq dentists when required.
10.2.13 Checks performed will be invoiced according to the rates set by etiq dentists and will be charged to the patient.
10.2.14 The replacement of consumables in consultation with the patient (as there are for example: rubbers of locators, riders of a frame, screws in click prostheses) during the checks are not covered by the guarantee and will be charged to the patient.
10.2.15 Taking radiographs (intra-oral or OPT) in consultation with the patient during check-ups is not free of charge and will be passed on to the patient according to the applicable rates.
10.2.16 The guarantees promised in this chapter are unconditionally linked to the adequate and preventive care provided to and by the patient himself. In all cases, the patient must expressly allow and follow the advice and instructions of etiq dentists. If the stated care and treatments could not take place in good consultation or if the instructions are not sufficiently followed due to the patient's actions or omissions, the guarantee will of course lapse.
10.2.17 If a patient suffers from grinding, he/she should indicate this to etiq dentists. Etiq dentists can manufacture a grinding plate for the patient. A grinding plate is charged in consultation with the patient, as this treatment is not covered by warranty, according to the applicable rates. The grinding plate itself is guaranteed for a period of 1 year.
10.2.18 An immediate prosthesis is a (temporary) emergency prosthesis and may not function optimally. Since an immediate prosthesis gives less functionality than a definitive prosthesis, the patient is more likely to experience discomfort and dissatisfaction. An immediate prosthesis, as well as a partial prosthesis, is expressly not covered by a warranty and the cost of replacing these prostheses will be passed on to the patient in consultation with the patient.
10.2.19 The cost of possible filling of a prosthesis (rebasing) will be passed on to the patient in consultation with the patient according to the applicable rates.
10.2.20 Patient shall at all times inform etiq dentists fully and truthfully regarding the patient's general health and circumstances that may affect treatment.
10.2.21 All treatments not mentioned in these guarantee conditions, such as, for example, implants, crowns on implants, root canal treatments, gum treatments, surgical treatments, orthodontic treatments, oral hygiene treatments, bioenergetic treatments, sealants, splints, etc., are not covered by any form of guarantee.

11. Complaints

In case of complaints about treatment or information, the patient will initially discuss this with his or her practitioner. If this does not lead to a solution, the patient can make use ofThe KNMT complaints scheme to which etiq dentists is affiliated.

Should your complaint still not be satisfactorily resolved even after intervention by the complaints officer, you can apply to the Disputes Authority Mondzorg. A court fee of €75 is payable for handling by the Disputes Authority Mondzorg.

12. Applicable law

All agreements between patient and etiq tandartsen are governed by Dutch law. All disputes related to the agreement between patient and etiq tandartsen, to which these general terms and conditions apply, shall be settled by the competent court in the district where etiq tandartsen has its office.