Terms and Conditions

In these general terms and conditions, the following is understood:

a. Client: the person who has given DenCos Ortho BV and/or DenCos Paro BV, hereinafter referred to as 'OM', the assignment to perform dental and orthodontic work (treatments).
b. Under the payment terms, the client is understood to be their legal representative.
c. Treatment: all treatments as defined in the quote or invoice prior to the start of treatment, as well as all actions directly related to the client's assignment in the broadest sense of the word.

Formation of the Agreement

In principle, the agreement is concluded at the moment the signed agreement/informed consent is received by OM, or after the client has made an appointment after receiving a treatment proposal.

Quotes prepared by OM are non-binding; they remain valid for two months after the intake on which the quote is based, unless otherwise stated.

Confidentiality and Exclusivity

OM is obliged to maintain confidentiality towards third parties not involved in the execution of the assignment. The confidentiality obligation concerns all confidential information entrusted by the client to OM. The confidentiality obligation does not apply when the law requires disclosure of information. OM is authorized to use the obtained information for statistical purposes, for the general health of the client, and regarding circumstances that may influence the treatment.

Complaints

Complaints about an invoice or the work performed must be reported in writing by the client to OM within 30 days of discovery, and no later than three months after completion of the relevant work.

A complaint as referred to in paragraph 1 does not suspend the client's payment obligation.

If one complaint is justified and repair work is possible, OM will perform the work as agreed.

Applicable Law

Dutch law applies to all agreements between the client and OM.

All disputes related to the agreement between the client and OM to which these terms apply shall be settled by the competent court in the district where OM has its establishment.

If any provision of these terms is invalid or voidable, this does not affect the validity of the other provisions.

Cost Claims

Treatment costs for a client younger than 16 years are owed by the legal representative. When a client is 16 or 17 years old, they are responsible for the treatment costs, unless the legal representative has confirmed in writing that they are financially responsible for these costs.

In the case of a treatment for which the Dutch Healthcare Authority (NZA) requires a quote to be made in advance, OM will do so. OM has the right to change prices interim. After notification of this change, the client has the right to terminate the treatment agreement. The client will also be informed in case of complications during treatment, exceeding the defined treatment period, as well as exceeding the budget by more than 15%. The estimate of the treatment period is for information only and no rights can be derived from it.

If payment is made by a private individual, meaning that person has no insurance coverage or does not pay through a health insurer, they are bound by the following provisions:

Applicability

These general terms and conditions serve to clarify the content of the conditions under which the agreement between client and OM is executed and apply to every quote and agreement between client and OM to which OM has declared these applicable. If one party wishes to deviate from these terms, this must be stated in writing in advance.

Execution of the Assignment

The legal relationship between the client and OM is based on an assignment agreement. All assignments contain obligation of effort, never obligation of result. The applicability of articles 7:404 and 7:407, paragraph 2 of the Dutch Civil Code is expressly excluded. Regardless of whether the assignment is given with a view to a specific person, the assignment is exclusively accepted and executed by OM. The shareholders, their directors, as well as the people working for OM are not personally responsible or liable. The assignment does not end by their death, by curatorship or by bankruptcy. The execution of assignments takes place exclusively for the benefit of the client. No rights can be derived from the assignment, or its execution by a third party.

OM will execute the assignment to the best of its judgment and ability and in accordance with the requirements of good craftsmanship. It will execute the assignment in accordance with the Conduct and Professional Rules. Dental procedures and orthodontic treatments fall under medical treatments.

OM reserves the right to engage third parties when proper execution of the contract requires this. OM does not need to obtain the client's consent for this.

Liability

The liability of OM, both for direct and consequential damage and insofar as this is covered by the liability insurance, is limited to the insurance payout in the specific case.

If the insurer does not pay out in any case or the damage is not covered by the insurance, the liability of OM is limited to the amount of the invoice, or at least to the amount to which the liability relates.

The limitation of liability does not apply if the damage is due to intent or gross negligence of OM or its managers/subordinates.

OM is not responsible for damage of any nature caused by incorrect and/or incomplete information provided by the client.

OM is exclusively liable for direct damage. Direct damage is understood to mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to the damage as referred to in these terms, all reasonable costs incurred to make the deficient performance of OM comply with the agreement insofar as these can be attributed to OM, and the reasonable costs incurred to prevent or limit the damage, insofar as these have led to actual prevention or limitation of the damage as referred to in the general terms and conditions.

OM is never liable for indirect damage, consequential damage (including claims of third parties against OM and/or the client as a result of an attributable shortcoming or unlawful act on the part of OM), lost profit and/or income, missed savings, or damage due to business stagnation.

Rights to compensation for liability expire 1 year after the occurrence of the event that caused the damage.

Force Majeure

Circumstances that prevent the execution of the assignment and cannot be attributed to OM are considered examples of force majeure, insofar as this unreasonably hinders or makes the execution impossible. This includes but is not limited to: strikes in other companies; wildcat strikes or political strikes within OM; an unforeseen shortage of personnel; a general shortage of raw materials and/or other materials or services necessary for the execution of the assignment; unforeseen business disruptions of suppliers or other third parties on which OM depends, as well as general transport problems. If such a circumstance occurs after OM should have already fulfilled its obligations, OM still retains the right to invoke force majeure. During the force majeure event, all legal obligations of OM are suspended. If that time exceeds a period of three months, both parties have the right to suspend the agreement, without any compensation obligation resulting from it. If OM has already partially fulfilled its obligations at the time of force majeure, it has the right to invoice that part separately. The same applies when OM can only partially fulfill its responsibilities. The client is obliged to pay the invoice as if it were a separate agreement.

Client Obligations

The client is expected to have his/her teeth cleaned and treated by, or on behalf of, OM at least every 6 months.

Defects and/or necessary repairs to materials manufactured by OM or parts thereof, partially or fully caused by wear and/or external influences, such as: accidents, grinding, nail biting, medication use, health changes, pregnancy, smoking, use of hormone preparations, osteoporosis, etc. or if the client has not (fully) complied with the cleaning instructions and/or oral hygiene, must be paid by the client. The same applies to damage caused by improper use or improper maintenance.

The client must comply with the cleaning instructions and is obliged to maintain good oral hygiene. The customer has no right to any financial compensation if the client chooses to have necessary replacements or repairs performed by a party other than OM. Check-ups are invoiced according to applicable rates and are charged to the client.

Taking X-rays (intra-oral, OPT and/or CT scans) in consultation with the client results in costs that are charged to the client. In case of teeth grinding, the client must report this directly to OM. The client must inform OM fully and truthfully at all times about his or her general health, as well as about conditions that may influence the treatment.