These General Terms and Conditions (GTC) relate to all (advertising) expressions, services, products and materials of Snel Test Direct BV (STD) and all associated (exempt or not) consultants. When specific agreements are concluded, these GTC are deemed to be part of them. These GTC and all substantive matters are exclusively governed by Dutch law. 

(STD) has its registered office in (1054JJ) Amsterdam at Gerard Brandtstraat 6F, and is registered in the trade register of the Chamber of Commerce under number 85148822.

Article 1 – Definitions AV
In these GTC the following is understood to mean;
1. Client: the person who concludes a test agreement with STD for himself or for a specific third party.

2. Services: all tests to be conducted by STD in the field of sexually transmitted diseases;
3. Products: products used and supplied by (STD).
4. Client: the person or individual to be diagnosed, for whom a test is performed pursuant to an order from a client. This can but does not always have to be the same person as the client. 

 

Article 2 – General

1. These General Terms and Conditions apply to the establishment and implementation of all agreements in the Sexual healthcare between STD and the client.

2. For the execution of the service, STD can involve third parties, which STD can select and contract, if this is required for proper execution of the agreement. No prior permission from the client is required for this.
3. The present terms and conditions also apply to all agreements with the client, for the execution of which third parties must be involved by STD.
4. The present terms and conditions apply to every quotation and agreement between STD and the client. This can only be deviated from after written agreement.
5. Deviations from these GTC are only valid if they have been laid down in writing in an agreement to that effect between the care provider and the client.
6. STD is responsible for recording the deviations and provides the client or the client with a copy thereof.
7. The client waives the applicability of his or her General Terms and Conditions insofar as this is applicable.
8. The applicability of any purchase or other conditions of the client is expressly rejected.
9. If one or more provisions in these terms and conditions are null and void or should be annulled, the other provisions of these terms and conditions will remain fully applicable. STD and the client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, with due observance of the purpose and intent of the original provision.
10. If there is a lack of clarity regarding the interpretation of one or more provisions of these terms and conditions, the explanation must be in accordance with the spirit of these provisions.
11. If a situation arises between the parties that is not regulated in these terms and conditions, this situation must be assessed in the spirit of these terms and conditions.
12. STD takes reasonable steps to prevent damage to or loss of the patient's property.
13. The client must take the necessary care himself to prevent damage to or loss of his property.
14. STD accepts no liability for damage to or loss of the property of clients or clients. This also applies to abandoned property.

 

Article 3 – Prior consent

1. For transactions in the execution of a test agreement, the consent of the client is required.
2. If the client requests this, STD will record in writing for which procedures it has obtained permission and STD will provide the patient with a copy thereof.
3. If the client is younger than 12 years old, his or her consent is not required, but the consent of the parents exercising authority over him or her or of his or her guardian.
4. If the client is 12 years of age or older, but is younger than 16 years of age, in addition to the client's consent, the consent of the parents exercising authority over him or her or his or her guardian is required. The transaction can only be performed without this permission if this is clearly necessary to prevent serious harm to the client or if the client continues to wish the transaction well-considered after the refusal of permission.

 

Article 4 – The test agreement

1. The test agreement is concluded when the client instructs STD to perform tests in the field of sexually transmitted diseases and STD accepts the assignment to provide these tests.
2. Before entering into the test agreement, the client must have reached the age of 18, regardless of the age of the client.
3. The client is liable for the obligations arising from the test agreement entered into by him.
4. These General Terms and Conditions are made available to the client for inspection on the STD  website.
5. By commencing the treatment, the client declares to have read these General Terms and Conditions and to agree with all that is stipulated therein.

 

Article 5 – Offers

All our offers and quotations (including appendices, documentation, images, etc.) are issued orally or in writing and are without obligation, unless they contain a term for acceptance, in which case the offer has expired after expiry of this term.
Offers cannot be combined with loyalty programs or other discount programs or promotions.

 

Article 6 – Performance of the agreement

1. STD will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good contractorship.
2. The Client shall ensure that all information, which STD indicates is necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, is provided to STD in a timely manner. If the information required for the execution of the agreement has not been provided in time, STD has the right to suspend the execution of the agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates.
3. The information mentioned in two also includes showing a valid proof of identity. Every client must always be able to identify himself at STD's first request with a legally recognized proof of identity. If a client cannot show such proof of identity on request, STD is entitled to suspend the treatment agreement.
4. STD is not liable for damage, in whatever form, arising as a result of incorrect and/or incomplete information provided by the Client, unless STD should have been aware of this inaccuracy or incompleteness.
5. If the agreement includes the obligation for the client to supply certain information, whether printed or written or provided in any other way, STD will accept this information for internal use only. STD will treat such data as strictly confidential and will never disclose it in whole or in part to anyone other than the person to whom the data relates. The data may not be copied in whole or in part or multiplied in any other way.
6. After explicit permission from the client, STD will pass on the test result to a attending physician.
7. If, due to circumstances that are not attributable to STD, a planned assignment arising from the agreement cannot be carried out, the Client will nevertheless owe the entrepreneur the associated costs.
 

Article 7 – Performance of the agreement, suspension and dissolution

1. The agreed services to be provided are deemed to be suspended as soon as and as long as the client is in default with the payment of any amount owed, with the continuous provision of up-to-date data, or as long as STD is prevented by force majeure from to fulfill its obligations, without the client being able to assert any right to compensation for damage, costs and/or interest on that basis.
2. Exceeding the agreed term within which STD must have performed the agreed services, in the event of force majeure and/or in the event that expressly agreed otherwise, the Client will never be entitled to compensation, dissolution of the agreement or non-fulfilment of any obligation.
3. STD is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, without notice of default, if:
a. the client does not or not fully comply with the obligations arising from the agreement.
b. after concluding the agreement, STD has taken note of circumstances that give good grounds to fear that the client will not or not fully fulfill its obligations. If there is good reason to fear that the client will not or only partially fulfill the obligations, suspension is only permitted insofar as the shortcoming justifies it.
4. Furthermore, STD is authorized to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances arise which nature that unaltered maintenance of the agreement cannot be expected in reasonableness and fairness.
5. If the agreement is dissolved, STD's claims against the client are immediately due and payable. If STD  suspends the fulfillment of the obligations, it retains its rights under law and agreement.
6. STD  always reserves the right to claim compensation.

 

Article 8 – Intellectual Property Rights

1. Nothing of the expressions, services, products and/or materials of STD  may be copied or otherwise reproduced, digitally or analogously, without prior express written permission.
2. Consent is only granted by STD and may be requested throughinfo@sneltestdirect.net.

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Article 9 – Fee, rates and rate adjustments

1. The rates for the services provided by STD are made known to the client via the website or with an oral or written order confirmation.
2. All rates include levies imposed by the government, excluding additional costs or expenses, unless expressly agreed otherwise.
3. STD products can be booked online and can be paid in advance via the website.

4. After receipt of payment, the booking is final, as is the payment.

5. If one or more cost price factors increase after the agreement has been concluded – even if this occurs as a result of foreseeable circumstances – STD reserves the right to increase the agreed price accordingly, stating the basis and method of calculation.
6. STD may increase the fee if it appears during the performance of the work that the originally agreed or expected amount of work was estimated to such an extent when the agreement was concluded that STD cannot reasonably be expected to perform the agreed performed work for the originally agreed fee.
7. STD will immediately confirm the rate change or increase as referred to in paragraphs 3 and 4 of this article by means of a written notification to the client, stating the scope and date on which the change or increase will take effect.

 

Article 10 – Payment

1. Payment for the services and/or products provided is made as follows: For all treatments, the amount owed must be paid digitally prior to the treatment. STD and the client are free to agree on another method of payment.
2. The client and/or client must check themselves whether they are eligible for the contribution of a health insurer. There is a possibility that i) this is not the case; in that case one must bear the reimbursement charged by STD or ii) one is eligible for a contribution from a health insurer; the costs incurred must then be declared afterwards.
 

Article 11 – Cancellations

1. Appointments that are canceled by the client 24 hours or less before the relevant appointment, or that are not canceled without the client appearing, will be charged to the Client. No refunds will be given for prepayment. Barring proof to the contrary, STD's administration extends to full proof that the agreement in question has been made.
 

Article 12 – Liability

1. If STD should be liable, then this liability is in any case limited to the amount that has been charged to the client by STD!. Rights to compensation for liability expire after 1 year after the event causing the damage occurred.
2. STD is only liable for physical and/or material damage, which has arisen directly during the execution of the agreed services and which damage is the direct result of a shortcoming attributable to STD in the fulfillment of the agreement.
3. STD is not liable for damage, of whatever nature, caused by STD's reliance on incorrect and/or incomplete information provided by or on behalf of the Client.
4. STD is not liable for damage to third parties. When concluding an agreement with STD, the client is always expected to indemnify STD against this.
5. STD is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
6. STD is in no way liable for any direct or indirect damage resulting from i) the test administration; ii) the result of the test taken or iii) related to (the use of) the information provided or services provided by STD, unless otherwise provided by law.
7. The client is liable for compensation for the damage suffered by the STD as a result of a failure on the part of the client or the client in the fulfillment of their obligations under this agreement.
8. References to other websites, apps or companies are for the information of the respective reader only. Any liability related to websites, apps or companies not directly affiliated with STD  is disclaimed.
9. If medical treatment is necessary as a result of the result, STD can make a recommendation for an attending physician. However, this physician is not part of this agreement and all liability with regard to the treatment rests entirely with the treating physician according to their own professional liability. STD can in no way be held liable for the treatment and everything resulting therefrom.

10. The client is liable for compensation for the damage suffered by the care provider as a result of a failure on the part of the client or the client in the fulfillment of their obligations under this agreement.
11. If the client demonstrates and if necessary proves that the shortcoming cannot be attributed to him or the client, he is not liable for the damage referred to in the previous paragraph, except insofar as there is an advantage as referred to in Article 6:78 of the Dutch Civil Code. .
 

Article 13 – Best efforts obligation

STD  has a best efforts obligation and no result obligation with regard to the clients it has tested. In close consultation with the client and/or client, she will make every effort to achieve the desired test result, insofar as this is medically feasible and responsible. STD accepts no liability in the event that, despite taking the utmost care, a test result proves to be unfeasible. This is in accordance with applicable case law and regulations.

 

Article 14 – Force majeure

1. STD is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not due to its fault, and is not for its account under the law, a legal act or generally accepted standards. coming.
2. In case of force majeure, STD is not liable for any resulting damage.
3. Force majeure includes: all external causes, foreseen or unforeseen, on which STD cannot exert any influence, but as a result of which STD is unable to fulfill its obligations. In any case (but not exclusively) this includes fire, flood, war, natural disasters and other exceptional weather conditions, strikes by government measures and non-delivery by suppliers.
4. The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two weeks, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
5. Insofar as STD has already partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of the force majeure, and the part fulfilled or to be fulfilled has independent value, STD is entitled to fulfill or comply with part to be declared separately. The client is obliged to pay this invoice as if it were a separate agreement.

 

Article 15 – Indemnification

The client indemnifies STD against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is other than attributable to STD. If STD should be held liable by third parties for this reason, the client is obliged to assist STD both in and out of court and to immediately do everything that may be expected of it in that case. Should the client fail to take adequate measures, STD is entitled to do so itself without notice of default. All costs and damage on the part of STD and third parties arising as a result will be entirely at the expense and risk of the client.

 

Article 16 – Complaints procedure

1. STD has a complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the test agreement must be submitted to STD in a timely manner, fully and clearly described after the client and/or client have discovered the defects.
3. Complaints submitted to STD will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, STD will reply immediately with a notification of receipt and an indication of the term within which a more detailed answer can be expected.
4. Client and STD agree to make an effort to resolve the dispute together.
5. Disputes can be submitted to the court for settlement.
6. With due observance of the Code of Civil Procedure, the (subdistrict) judge in the District Court of Amsterdam has exclusive jurisdiction with regard to all possible disputes.
7. Parties will only appeal to the court after they have made every effort to settle a complaint in mutual consultation.
8. Dutch law applies to all legal relationships between STD and the client.

 

Article 17 – Amendment and location of the General Terms and Conditions

1. These General Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam and can be requested from STD at any time in written or electronic form. STD is free to change these T&Cs at any time. With a change, all previous versions lapse: the version that applied at the time of the conclusion of the agreement is always applicable.