ARTICLE 1 – DEFINITIONS
Skin+Surgery Clinics: Skin Surgery Holding BV, established in The Hague and registered with the Chamber of Commerce under number 83202455. Client: the natural person and client aged 18 or older with whom Skin+Surgery enters into a cosmetic treatment agreement. Cosmetic care: conducting examinations, examinations, treatments, interventions and operations at the client, prescribing, providing and/or administering medication, (dietary) food for the benefit of the client, as well as taking in and caring for the client, or the provision of any other service, which also includes giving advice to the client. Agreement: the agreement in which Skin+Surgery commits itself to the client to perform cosmetic or medical treatments that directly relate to the client. We hereby commit ourselves to an obligation of effort, not an obligation of result
ARTICLE 2 – APPLICABILITY
These terms and conditions apply to all agreements between Skin+Surgery and the client, unless expressly agreed otherwise in advance in writing. With the exception of the provisions of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, instructions to one or more individual doctors and/or employees are deemed to have been issued exclusively to Skin+Surgery.
ARTICLE 3 – AGREEMENT
An agreement is only concluded by the client signing a (written) treatment agreement offered by Skin+Surgery. Skin+Surgery will provide a statement of the costs involved in the treatment prior to concluding the agreement. The costs of continued treatment, aftercare, etc. are not included, unless stated otherwise or Skin+Surgery’s duty of care prescribes otherwise. By signing the agreement, the client agrees to the costs of the treatment and undertakes to pay them. Skin+Surgery has the right to refuse care with due observance of statutory and/or behavioral and/or disciplinary law regulations. The client is obliged to follow the house rules and reasonable instructions of Skin+Surgery at all times.
An agreement ends prematurely, at the express request of the client, due to his death or due to a unilateral decision by Skin+Surgery, if the doctor involved is of the opinion that there are well-founded and weighty reasons for this. If the client cancels against the advice of (the relevant physician of) Skin+Surgery, this will be done at the client’s own risk due to the possible consequences of the early termination and on the condition that Skin+Surgery and the involved physician(s) and employees are relieved of any liability and (after)care. Cancellation, cancellation, termination or dissolution of (part of the implementation of) the agreement for whatever reason, does not affect the obligation of the client to pay the costs for care provided or reserved. Care actions that are indivisible are fully charged.
ARTICLE 4 – RATES AND PAYMENT
Unless otherwise agreed, the treatment costs are calculated on the basis of rates or prices set unilaterally by Skin+Surgery. When charging the client for accommodation costs, the day of admission and day of discharge count as full nursing days. 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 Section 6:83a of the Dutch Civil Code. If the client does not pay any amount due on time, he will owe default interest of 1% (in words: one percent) per month (part of the month counted as a full month) on the outstanding principal sum from the moment of default. Partial payments are initially deducted from the costs and accrued interest, and only in the last instance from the principal sum and accrued interest, regardless of the description at the time of payment by the client. All costs reasonably incurred by Skin+Surgery as described in Article 6:96 paragraph 2 sub c of the Dutch Civil Code are for the account of the client and are determined in accordance with the Extrajudicial Collection Costs Reimbursement Decree of 27 March 2012. If Skin+Surgery is also forced to is to incur costs other than those described in Article 6:96 paragraph 2 of the Dutch Civil Code, including costs in the context of proceedings in which the client is found to be in the wrong, the client is obliged to pay the costs incurred for this in full.
Deposits on scheduled treatments/surgery are not fully refundable if the scheduled treatment/surgery is cancelled. In all cases, the following costs will be charged: Cancellation and administration costs 100 euros per consultation, 75 euros will be charged
ARTICLE 5 – LIABILITY
Skin+Surgery is insured for the risk of (professional) liability. Skin+Surgery’s liability is limited to direct damage and to the amount that is paid out under the liability insurance in the relevant case (plus the amount of the applicable deductible under the insurance that is not payable by the insurer according to the policy conditions). , with a maximum equal to the treatment costs charged or to be charged. Compensation for indirect damage, including but not limited to side effects and consequential damage, is excluded at all times. The limitation period of all claims and accusations against Skin+Surgery is limited to one year, calculated from the date of knowledge of (a chance of) liability. Skin+Surgery is not responsible for persons accompanying Skin+Surgery clients.
ARTICLE 6 – COMPLAINTS
Pursuant to Article 6:89 of the Dutch Civil Code, the client is obliged to inform Skin+Surgery about this within a reasonable time after he has discovered or should reasonably have discovered a defect in the cosmetic care. The term within which the client must inform Skin+Surgery is partly determined on the basis of the disadvantage that Skin+Surgery suffers due to the passage of time. In the event of a well-founded complaint, Skin+Surgery has the right, at its own discretion, to repair the defect in the cosmetic care or to (partially) credit the amount owed by the client for the cosmetic care. A complaint does not give the client the right to publicly harm the honor and good name of Skin+Surgery. In the event of a violation of the provisions of the previous paragraph, the client will forfeit to Skin+Surgery an immediately due and payable fine of € 100 per statement, and € 100 per day that the violation continues. For the handling of complaints see https://skin-surgery.nl/klachtenprocedure/
ARTICLE 7 – SPECIAL PROVISIONS
All file documents and digital data files concerning the client, including examination results, (X-ray) photos, scans, etc. are the property of Skin+Surgery. Skin+Surgery stores data for at least 5 years in compliance with applicable laws and regulations. The client can obtain copies thereof against payment of a reasonable fee. Dutch law applies to all agreements and cosmetic care of Skin+Surgery. In the event of a legal dispute, only the Dutch court is authorized to take cognizance of this.
ARTICLE 8– CONFIDENTIALITY
Skin+Surgery is obliged to maintain confidentiality towards third parties that are not involved in the execution of the assignment. This duty of confidentiality concerns all information of a confidential nature made available to Skin+Surgery by the client. The obligation of secrecy does not apply if there is an obligation under the law to disclose certain information. Skin+Surgery is entitled to use the information obtained for statistical purposes. Skin+Surgery will ensure that the information cannot be traced back to the individual client.
ARTICLE 9 – IDENTITY AND PROVISION OF INFORMATION
The client will provide the consultant/physician/plastic surgeon/therapist, partly in response to his questions, to the best of his knowledge with the information and cooperation that he reasonably needs for the execution of the treatment agreement. This also includes showing proof of identity. Each client must always be able to identify themselves at Skin+Surgery’s first request with a legally recognized proof of identity. If a client is unable to show such proof of identity upon request, Skin+Surgery is entitled to suspend the treatment agreement.
ARTICLE 10 – NO SHOW, CANCEL APPOINTMENT, NON APPEAR OR ABSENCE
In this paragraph, default means: cancellation, cancellation, non-appearance or default. In the event of non-compliance with all surgical procedures, the full amount will be charged. If a laser, injectables or skin improvement treatment is missed, an amount of 50 percent of the applicable rate will be charged. Skin+Surgery will charge the client at least 75 euros if: – consultation appointments are canceled 48 hours or less in advance; – treatment appointments are canceled 2 working days or less in advance; – the client does not appear for the scheduled appointment.Deposits on scheduled treatments/surgery are not fully refundable if the scheduled treatment/surgery is cancelled. In all cases, the following costs will be charged: Cancellation and administration costs 100 euros per consultation, 75 euros will be charged
Barring proof to the contrary, the administration of Skin+Surgery will be regarded as full proof that such an appointment was made.
CANCELLATION TERMS OPERATIONS:
If you cancel the operation planned by Skin Surgery Clinics within a period of 10 (ten) working days before the date of operation, we are obliged to charge you for the costs, namely the entire amount of the operation.
If for urgent reasons you have to cancel your operation within the aforementioned period of 14 days, we will refund 50% of the amount already paid by you. You must then submit proof of the urgent reason at the first request of the doctor and/or anaesthesiologist.
We use the following as an urgent reason:
– When there is medical evidence that you are reasonably unable to undergo the planned procedure
– In the event of the death of a partner or family member up to and including the second degree.
ARTICLE 11 – IMPLEMENTATION TREATMENT AGREEMENT
Skin+Surgery will carry out or have carried out the treatment agreement to the best of its knowledge and ability, and in accordance with the requirements + of good workmanship. Skin+Surgery has the right to have certain activities performed by third parties, if and insofar as the proper execution of the agreement requires this. Skin+Surgery does not need to obtain permission from the client for this, but will discuss this with the client.
ARTICLE 12 – RESULTS OF COSMETIC TREATMENT
During cosmetic treatments, the practitioners will strive for the best possible outcome and use their utmost effort to achieve this. However, there is no guarantee that the desired outcome will be achieved or that the treatment will proceed without any issues. Complications such as anesthesia problems, thrombosis, infection, bruising, tissue necrosis, and numbness can occur. Moreover, it is not possible to guarantee absolute symmetry in bilateral surgeries. In some cases, an additional operation may be necessary to achieve the desired end result, which may result in additional costs for the client.
It is important to note that any results previously mentioned and displayed on the website and other communication channels of Skin Surgery Clinics cannot be guaranteed. Results may vary from person to person, and any before and after photos are for illustration and marketing purposes only. No rights can be derived from these photos. In short, while practitioners will do their utmost to achieve the desired results, there is no guarantee of achieving these results, and complications may occur
ARTICLE 13 – RESULTS OF MEDICAL TREATMENT
All treatments, performed by doctors, fall under medical / medical treatment. The doctor/plastic surgeon has an effort obligation and no result obligation.
ARTICLE 14 – TERMINATION OR SUSPENSION OF THE TREATMENT AGREEMENT
Termination or suspension of the treatment agreement is possible if the client behaves improperly or improperly towards Skin+Surgery, or its employees, or the volunteers and/or co-clients working there.
ARTICLE 15 – INFORMATION FOR PRESENTATION PURPOSES
Only when written permission has been obtained from the client, Skin+Surgery will (publicly) use the information obtained before, during and/or after the treatment.
ARTICLE 16 – LIABILITY FOR PERSONAL PROPERTY
Skin+Surgery is not liable for damage to or loss of client property. The client must take the necessary care to prevent damage to or loss of his property.