Términos y Condiciones
Article 1: Definitions
In the general terms and conditions the following terms are understood to mean: Weight Consultant: Débora Koelman, owner of DEBs WAY nutrition and wellbeing, member of the Dutch Association of Weight Consultants, holder of a Dutch Weight.
Consultant diploma, acting as an independently established weight consultant; Client: the person to whom the weight consultant provides advice and guidance or their legal representative;
Practice address: the location where the weight consultant practices;
Doctor: the general practitioner or specialist who referred the client to the weight consultant.
Article 2: General
The weight consultant will provide advice to the client at the practice address provided, unless otherwise agreed. The client will be notified immediately of any change to the practice address. Consultations can also take place online via digital communication channels, provided prior arrangements have been made.
Article 3: Basis
The weight consultant can advise and guide the client either personally or through a doctor’s referral. In the latter case, the weight consultant will keep the referring doctor informed of the guidance provided. Clear consent from the client is required. Client information will not be shared with third parties without permission.
Article 4: Prevention
If the client is unable to attend the practice on the agreed date and time, they must inform the
weight consultant as soon as possible:
previous working day.
Article 5: Pricing
Before the start of treatment, the weight consultant will inform the client verbally or in writing of the applicable rates. These rates include VAT or other statutory levies, if and to the extent applicable. The weight consultant is authorized to implement price increases if and to the extent unforeseen circumstances arise after the conclusion of the agreement that could lead to price increases. Rate changes can take place annually on January 1st.
Article 6: Intellectual property
All rights to the advice, plans, and documents provided remain the property of DEBs WAY. Use or distribution without written permission is prohibited.
Article 7: Payment
Payment to the weight consultant can be made via bank transfer, or digital payment methods (e.g., payment request or debit card), depending on the consultant’s availability.
The client will receive an invoice for the consultations provided. If the client chooses bank transfer, the invoice must be paid within fourteen days of the invoice date. If the payment exceeds the payment deadline by every thirty days, the weight consultant is entitled to increase the invoice amount by €5.00 for administration costs.
If the invoice has not been paid within sixty days of the date of issue, the weight consultant is entitled to charge statutory interest on the amount due retroactively from the first day of due date, as well as all costs associated with the collection of the relevant claim, including but not limited to costs for collection by a debt collection agency and legal costs.
Article 8: Impracticability of the work
The weight consultant has the right to suspend agreed-upon consultations and/or work if they are temporarily prevented from fulfilling their obligations due to circumstances beyond their control, or of which they were or could not have been aware at the start of the consultation, or due to illness. If fulfillment becomes permanently impossible, the agreement may be terminated for the portion not yet fulfilled. In that case, neither party is entitled to
compensation for any damages suffered as a result of the termination.
Article 9: Privacy and data processing
The weight consultant processes the client’s personal data in accordance with the General Data Protection Regulation (GDPR). See our privacy statement below for details.
Article 10: Liability
The advice and/or guidance provided by the weight consultant is, by its nature, results-oriented, without guaranteeing any results. The weight consultant disclaims all liability for damage, injury, or illness arising from or related to the client’s adherence to advice provided by the weight consultant, unless there is intent or gross negligence on the part of the weight consultant.
It is understood that only damages for which the weight consultant is insured are eligible for compensation. The following limitations must be observed. Business damage, loss of income, and the like, regardless of the cause, are not eligible for compensation. The weight consultant is never liable for damages caused intentionally or through gross negligence by third parties. If the weight consultant’s insurer, for whatever reason, does
not pay out, the weight consultant’s liability will always be limited to a maximum of twice the fee for a single consultation. The weight consultant is not responsible or liable for the consequences of incorrect information resulting from an unknown and/or undisclosed health aspect.
Article 11: Applicable law and choice of forum
Dutch law applies to all agreements. Disputes will be submitted to the competent court in the place of business of DEBs WAY.