SKIN + SURGERY TERMS AND CONDITIONS © 2019
ARTICLE 1 – DEFINITIONS.
- Skin + Surgery: Tha-In Aesthetics Rotterdam B.V., established in The Hague and registered with the Chamber of Commerce under number 63661586.
- Client: The natural person and principal of 18 years or older with which Skin + Surgery closes a cosmetic treatment agreement.
- Cosmetic care: conducting examinations, inspections, treatments, interventions and operations at the client, for the purpose of prescribing, providing and/or administering medication, (dietary) nutrition, as well as the recording and taking care of the client , or the provision of any other service which includes giving advice to the client.
- Agreement: the agreement whereby Skin + Surgery binds itself to the client to carry out cosmetic or medical acts directly related to the client. In doing so, we commit to an effort commitment not a result commitment
ARTICLE 2 – APPLICABILITY.
- These terms and conditions apply to all agreements between Skin + Surgery and the client, unless agreed in writing and explicitly otherwise.
- With the addition of the provisions of articles 7:404 and 7:407 (2) of the Civil Code, contracts to one or more individual physicians and/or employees shall be deemed to have been provided exclusively to Skin + Surgery.
ARTICLE 3 – AGREEMENT.
- An agreement is exclusively concluded by the client’s signature of a (written) treatment agreement offered by Skin + Surgery.
- Prior to the conclusion of the agreement, Skin + Surgery will give notice of the costs involved in the treatment. The costs of continued treatment, aftercare etc. are not included, unless otherwise stated or the care requirement of Skin + Surgery otherwise prescribes.
- By signing the agreement, the client agrees to the costs of the treatment and undertakes to comply.
- Skin + Surgery has the right to refuse care in compliance with legal and/or behavioural and/or disciplinary regulations.
- The client is obliged to follow the House Rules and reasonable instructions of Skin + Surgery at all times.
- An agreement terminates prematurely, at the explicit request of the client, by his death or by a unilateral decision of Skin + Surgery, when the physician concerned considers that there are justified and weighty reasons.
- If the client opts against the advice of (the physician of) Skin + Surgery in question, this happens due to the possible consequences of the early termination for the client at his own risk and on condition of signing a form in which Skin + Surgery and the relevant physi cian (and) and employees of any liability and (after) care are relieved.
- Cancellation, cancellation, termination or dissolution of (part of the execution of) the agreement for any reason whatsoever, shall not affect the obligation of the client to comply with the costs of care performed or reserved. Care actions that are indivisible will be fully charged.
ARTICLE 4 – TARIFFS AND PAYMENT.
- Unless otherwise agreed, the treatment costs shall be calculated on the basis of rates or prices unilaterally determined by Skin + Surgery.
- When charging the client, the day of withdrawal and day of dismissal as full nursing days apply.
- Payment must be made in advance, unless otherwise agreed in writing. In The latter case, a payment term of 14 days after the invoice date applies. This term is one as referred to in article 6:83a Civil Code.
- If the client does not meet any amount due in due time, then he owes a default interest rate of 1% (Zegge: one percent) per month (part of the month as a full month) from the moment of default on the outstanding principal.
- Partial payments shall initially be deducted from the costs and interest, and only in the last instance on the principal and accrued interest, irrespective of the description of the payment by the client.
- All costs reasonably incurred by Skin + Surgery as defined in article 6:96 (2) (c) BW shall be borne by the client and shall be determined in accordance with the decision on the extrajudicial collection fee of 27 March 2012.
- If Skin + Surgery is also obliged to make costs other than those defined in article 6:96 paragraph 2 BW, including costs incurred in the context of a procedure in which the client is unsuccessful, the client shall be obliged to Costs in an integral respect.
ARTICLE 5 – LIABILITY.
- Skin + Surgery is insured for the risk of (professional) liability. The liability of Skin + Surgery is limited to direct damage and to the amount paid in the relevant case under the liability insurance (plus the amount of the excess insurance applicable That, according to the policy conditions, is not borne by the insurer), with a maximum equal to the costs of treatment charged or to be brought. Compensation for indirect damage, including, in any case but not exclusively, side effects and consequential damages, is excluded at all times.
- The limitation period of all claims and accusations against Skin + Surgery is limited to one year from the date of familiarity with (a probability of) liability.
- Skin + Surgery is not responsible for people who come with skin + surgery clients.
ARTICLE 6 – COMPLAINTS.
- On the basis of article 6:89 of the Civil Code, the client is obliged to inform Skin + Surgery about this within a reasonable time after he has discovered or should reasonably discover a defect in the cosmetic care. The period within which the client must inform Skin + Surgery is partly determined by the disadvantage that Skin + Surgery suffers due to the passage of time.
- In case of a valid complaint, Skin + Surgery has the right, at its own discretion, to repair the defect in the cosmetic care or to credit the amount owed by the client for the cosmetic care (partly).
- A complaint does not give the client the right to publicly affect the honor and good name of Skin + Surgery.
- In the event of a breach of the provisions of the preceding paragraph, the client shall forfeit Skin + Surgery with an immediately payable fine of €100 per leaving, and €100 per day that the offence persists.
- For handling complaints See https://skin-surgery.nl/klachtenprocedure/
ARTICLE 7 – SPECIAL PROVISIONS.
- All file documents and digital data files relating to the client, including research results, (x-rays) photos, scans etc. are the property of Skin + Surgery. Skin + Surgery retains data for at least 5 years in compliance with applicable laws and regulations. For a reasonable fee the client can receive copies of this.
- Dutch law applies to all agreements and cosmetic care of Skin + Surgery.
- In the event of a judicial dispute, only the Dutch court has jurisdiction to take note of this
Article 8 Confidentiality
Skin + Surgery is obliged to maintain confidentiality against third parties who are not involved in the execution of the contract. This obligation of confidentiality concerns all information of a confidential nature made available to Skin + Surgery by the client. The obligation to maintain confidentiality does not apply if the obligation to disclose certain data is based on the law. Skin + Surgery is entitled to use the information obtained for statistical purposes. Skin + surgery will ensure that the information is not traced back to the individual client.
Article 9 identity and provision of information
The client gives the consultant/physician/plastic Surgeon/therapist, in response to his/her questions, the information and the cooperation, which it reasonably needs to carry out the treatment agreement, to the best of its knowledge. This includes the display of an identity document. Each client must always be able to legitimiate the first request of Skin + Surgery with a legally recognised ID. If requested, a client may not display such a proof of identity, then Skin + Surgery is entitled to suspend the treatment agreement.
Article 10 No show, cancel appointment, not appearing or absence
In This paragraph, “omission” means cancellation, cancelling, not appearing or omission.
In the absence of all operative interventions, the full amount will be charged. In the absence of a laser, injectables or skin enhancement treatment, an amount of 25 percent of the applicable fare will be charged.
Skin + Surgery will charge a minimum of 75 euro to the client if: – Consultation appointments are cancelled 48 hours or shorter in advance; – Treatment appointments are cancelled 2 working days or shorter in advance; – The client does not appear on the scheduled appointment. Subject to proof, the administration of Skin + Surgery is the complete proof that such an appointment was made.
Article 11. Implementation of the treatment agreement
Skin + Surgery will perform or have the treatment agreement to the best of its ability, and in accordance with the requirements + of good craftsmanship. Skin + Surgery has the right to have certain activities performed by third parties, if and to the extent that a proper performance of the agreement requires it. Skin + Surgery does not need to obtain client consent, but will consult with client
Article 12 Results Cosmetic treatment
The cosmetic practitioners have a commitment to perform the treatments to the best of their knowledge and ability and do not have a result commitment.
Guarantee on the results or on an undisturbed course, we can never give. Complications can always occur, such as, for example, narcosis problems, thrombosis, infection, bruising, tissue amplif and numeless skin. Absolute symmetry in double-sided operations is not guaranteed. Sometimes it is necessary to perform an additional operation to obtain a good end result. This additional operation may incur additional costs for you as a client.
Article 13 Results Medical treatment
All treatments, conducted by Medici, are covered by medical/medicine treatments. The physician/plastic surgeon has an effort commitment and no result commitment.
Article 14 termination or suspension of the treatment agreement
Termination or suspension of the treatment agreement is possible if the client behaves inadequately or unfairly against Skin + Surgery, or its employees, or the volunteers and/or co-clients active there
Article 15 information for presentation purposes
Only when written consent is obtained from the client, Skin + Surgery (public) will use the information obtained before, during and/or after the treatment.
Article 16 Liability of personal property
Skin + Surgery is not liable for damage to, or loss of, the property of clients. The client must observe the necessary care to prevent damage to, or loss of, his or her property.