Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SIMINA MIND BODY HEALTH PRACTICE
1 GENERAL TERMS AND CONDITIONS
1.1 General
These general terms and conditions apply to every engagement agreement between a client and Simina Mind Body Health Practice.
In these general terms and conditions, the following terms shall have the following meanings:
"client" means the person who grants an assignment to Simina Mind Body Health Practice;
"session" or "agreement" refers to the services that Simina Mind Body Health Practice performs on behalf of the client as a result of an entered into engagement agreement. The services of Simina Mind Body Health Practice consist, among other things, of sessions of hypnotherapy, NLP, and EFT. These may potentially provide a complementary contribution to regular healthcare.
A Dutch and an English version of these general terms and conditions exist. Both versions have the same force.
Simina Mind Body Health Practice is established on Oude Apeldoornseweg 45 067, 7333RN, Apeldoorn, Chamber of Commerce KvK no: 98029371
1.2 Engagement
An agreement between a client and Simina Mind Body Health Practice is concluded only by Simina Mind Body Health Practice's acceptance of an engagement from the client to perform sessions.
These general terms and conditions apply to all agreements between Simina Mind Body Health Practice and the client, unless expressly deviated from in writing.
An engagement from a client to a person affiliated with Simina Mind Body Health Practice does not lead to an agreement with Simina Mind Body Health Practice.
If Simina Mind Body Health Practice has received an engagement together with another person, it is only liable for the fulfillment of the obligations that are expressly obligations of Simina Mind Body Health Practice. The applicability of Section 7:407(2) of the Dutch Civil Code is excluded.
Simina Mind Body Health Practice expressly rejects the applicability of any terms and conditions of the client.
If any condition is wholly or partially void or nullified, the remaining conditions shall remain in full force.
Simina Mind Body Health Practice may deviate from, or give a different execution to, these conditions for the benefit of the client. However, this does not imply that these conditions are not applicable. Simina Mind Body Health Practice reserves the right to demand compliance with these conditions.
Simina Mind Body Health Practice shall carry out the engagement to the best of its knowledge and ability. Simina Mind Body Health Practice always has a best-efforts obligation and not an obligation of result.
If the client wishes to reschedule a session, the client must notify Simina Mind Body Health Practice at least 48 hours prior to the scheduled time; in this case, the rescheduling is entirely free of charge. If the client wishes to reschedule a session within 48 hours prior to the scheduled time, the entire session will be charged.
If the client wishes to cancel a session, the client must notify Simina Mind Body Health Practice at least 48 hours prior to the scheduled time; in this case, the cancellation is entirely free of charge. If the client wishes to cancel a session within 48 hours prior to the scheduled time, the entire session will be charged.
Simina Mind Body Health Practice may suspend or terminate the agreement with immediate effect if the client fails to fulfil obligations arising from the agreement, or fails to do so promptly, or if Simina Mind Body Health Practice has a well-founded fear that this will occur and this breach justifies termination or suspension. In this case, Simina Mind Body Health Practice has no obligation to pay damages or compensation, whereas the client is obliged to do so because of the breach.
1.3 Payment
A fixed rate of €99 excluding VAT per hour applies to the sessions of Simina Mind Body Health Practice. For consumers, Simina Mind Body Health Practice is obliged to state the full amount including VAT on the invoice. The client shall pay the agreed price before the beginning of the session. The session will not take place if the client has not paid prior to the session. Pursuant to article 1.2 j, the amount the client was supposed to pay will still be claimable, as the session in that case has been cancelled within the 48 hours prior to the session.
Only in case of service packages agreed upon with companies, payment will be made within fourteen calendar days after the invoice has been sent to this company. The company shall make the payment to the account of Simina Mind Body Health Practice in the currency in which it was invoiced.
If the payment to the account of Simina Mind Body Health Practice is not made within fourteen calendar days, the client shall automatically be in default. Furthermore, the client shall owe statutory interest on the outstanding amount from the moment of default until the time of full payment.
Objections to the aforementioned invoice amount must be reported in writing within 14 days of the invoice date.
If applicable: extra costs incurred by Simina Mind Body Health Practice (such as travel and accommodation expenses) are for the client's account.
The client and Simina Mind Body Health Practice shall agree on the price in advance.
If the client remains in default, all reasonable extrajudicial costs and all customary judicial costs related to the collection shall be for the client's account. Statutory interest will also be charged on these costs.
The client is never entitled to set off a debt of Simina Mind Body Health Practice against an invoice without prior written approval of Simina Mind Body Health Practice. Objections from the client against the services provided or the amount of the invoice do not suspend payment obligations. Nor may the client suspend payment for other reasons, unless the client can invoke one of the articles under section 6.5.3 of book 6 of the Dutch Civil Code.
Simina Mind Body Health Practice is entitled to have the client pay an advance. The client is obliged to supplement this advance if Simina Mind Body Health Practice deems it desirable.
1.4 Liability
Except to the extent that this is legally impossible, Simina Mind Body Health Practice is not liable for any physical, mental, or material damage to the client. Any damage resulting from the experimental nature of Simina Mind Body Health Practice's treatments is for the client's account, as the client has explicitly and knowingly accepted these risks.
Should Simina Mind Body Health Practice be liable for any damage, the liability of Simina Mind Body Health Practice is limited to direct damage. The liability of Simina Mind Body Health Practice is limited to a maximum of the invoice value of the agreement, or at least to the part of the agreement to which the liability relates. The liability of Simina Mind Body Health Practice is in any case limited to the sum for which Simina Mind Body Health Practice is insured.
The period for the duty to complain is two months after the day on which the client became aware of the defect and of Simina Mind Body Health Practice's liability for it.
Simina Mind Body Health Practice is not a medical professional and does not claim to be a doctor, psychiatrist, psychologist, dietitian, or other medical professional. No medical diagnoses are made, no medicines are prescribed, and no medical services or nutritional advice are provided. The client is solely responsible for their own health.
Simina Mind Body Health Practice offers no guarantee for success of the session. Not everyone responds to the techniques in the same way. Refunds for a different than expected outcome are never provided nor claimable in any way, unless Simina Mind Body Health Practice decides otherwise.
Simina Mind Body Health Practice is never liable for indirect damages, for example, consequential damages, lost profits, missed savings, and damages due to business interruption. Furthermore, Simina Mind Body Health Practice is never liable for damages that have arisen because Simina Mind Body Health Practice has acted on the basis of incomplete or incorrect information provided by or on behalf of the client.
The limitation of Simina Mind Body Health Practice's liability is only valid when there is no damage as a direct result of gross negligence or willful misconduct on the part of Simina Mind Body Health Practice, one of its subordinates, or engaged third parties.
The client indemnifies Simina Mind Body Health Practice against any claims from third parties. This also applies to third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than Simina Mind Body Health Practice. If Simina Mind Body Health Practice should be addressed by third parties for that reason, the client is obliged to assist Simina Mind Body Health Practice both out of and in court and to do everything that can be expected of them in that case without delay. Should the client fail to take appropriate measures, Simina Mind Body Health Practice is entitled, without notice of default, to take such action itself. All damages and costs arising on the part of Simina Mind Body Health Practice and third parties as a result thereof are entirely at the risk and expense of the client.
1.5 Engagement of third parties
Simina Mind Body Health Practice may engage others than persons affiliated with Simina Mind Body Health Practice in the execution of the engagement, insofar as this is desirable for that execution. Simina Mind Body Health Practice may, in consultation with the client, give the engagement to the other party in its own Simina Mind Body Health Practice.
Simina Mind Body Health Practice is not liable for damage that occurs due to an act or omission of others engaged by it.
When engaging a third party, these general terms and conditions apply.
1.6 Confidentiality
Simina Mind Body Health Practice shall keep the identity of the client, the sessions and the content of the sessions followed by the client, and everything related thereto, confidential.
Simina Mind Body Health Practice shall keep its files, and all documents and other data carriers it possesses by virtue of the engagement, for the statutory retention period. After that period, Simina Mind Body Health Practice may destroy documents without notice to the client.
Client data will be treated confidentially by Simina Mind Body Health Practice and will never be provided to third parties without the prior consent of the client, with the exception of the third party engaged for the guidance of the session with the client.
1.7 Termination of the engagement
Simina Mind Body Health Practice may terminate the engagement with immediate effect. This applies all the more if the client is in default of payment for a previous session.
If the session is terminated earlier by the client, the client owes the fee for the full session that was scheduled. If Simina Mind Body Health Practice has to terminate the session earlier due to circumstances, Simina Mind Body Health Practice will schedule a new session with the client or refund the costs for the session to the client.
1.8 Applicable law; complaints and disputes
The engagement agreement (including paragraph 1.8(c)) and any non-contractual obligation arising from or related to that agreement shall be exclusively governed by Dutch law.
Simina Mind Body Health Practice would like to hear it if the client is unexpectedly dissatisfied with Simina Mind Body Health Practice's services. Simina Mind Body Health Practice prefers the extrajudicial settlement of any disputes.
Without prejudice to paragraph 1.8(b), the court in Amsterdam, the Netherlands, shall have exclusive jurisdiction to hear disputes arising from or in connection with the engagement agreement, including disputes about its existence and validity and non-contractual obligations.
2 PERSONAL DATA
Terms defined in the General Data Protection Regulation (EU) 2016/679 (the "GDPR") have the same meaning in this Article 3 as in the GDPR.
The client indemnifies Simina Mind Body Health Practice and persons affiliated with Simina Mind Body Health Practice from claims by third Mind Body Health Practice suffers in connection with any unlawful processing of personal data when carrying out the engagement, insofar as Simina Mind Body Health Practice has received this personal data from the client or on behalf of the client.
The client shall provide the data subject with the information required under the GDPR about the processing of personal data when carrying out the engagement. The client shall do so within the applicable period under the GDPR. Simina Mind Body Health Practice will be the contact point for data subjects who exercise their rights under the GDPR against it.
The client and Simina Mind Body Health Practice shall inform each other without undue delay as soon as they become aware of a personal data breach related to personal data being processed in the execution of the engagement. The client and Simina Mind Body Health Practice shall consult with each other before making any notifications of a breach to a supervisory authority or to data subjects.
General Terms and Conditions Simina Mind Body Health Practice - August 2025