General terms and conditions

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GENERAL TERMS AND CONDITIONS OF SKINSURGERY © 2024

ARTICLE 1 - DEFINITIONS
SkinSurgery Clinics: Skin Surgery Holding BV, based in the Hague and registered with the Chamber of Commerce under number 83202455 with the associated work BVs
Client: the natural person and client aged 18 years or older with whom Skin+Surgery enters into a cosmetic treatment agreement.
Cosmetic care: the performance of examinations, examinations, treatments, interventions and operations on the client, the prescription, dispensation and/or administration of medication, (dietary) nutrition, as well as the hospitalisation and care of the client, or the provision of any other service, including giving advice to the client.
Agreement: the agreement whereby Skin+Surgery undertakes vis-à-vis the client to perform cosmetic or medical treatments directly relating to the client. We hereby commit ourselves to a best-efforts obligation, not a result obligation

 

ARTICLE 2 - APPLICABILITY
These terms and conditions apply to all agreements between Skin+Surgery and the client, unless otherwise expressly agreed in writing in advance. Setting aside the provisions of Sections 7:404 and 7:407 paragraph 2 of the Dutch Civil Code, orders to one or more individual doctors and/or employees are deemed to be issued exclusively to Skin+Surgery.

 

ARTICLE 3 - AGREEMENT
An agreement only comes into effect when the Customer signs a (written) treatment agreement offered by Skin+Surgery. Skin+Surgery shall specify the costs involved in the treatment prior to the conclusion of the agreement. The costs of continued treatment, aftercare etc. are not included, unless otherwise stated or Skin+Surgery's duty of care dictates otherwise. By signing the agreement, the client agrees and undertakes to pay the costs of the treatment. Skin+Surgery has the right to refuse care subject to legal and/or behavioural and/or disciplinary regulations. The Customer is at all times obliged to follow Skin+Surgery's house rules and reasonable instructions.

An agreement ends prematurely, at the express request of the client, by the client's death or by a unilateral decision of Skin+Surgery, if the doctor concerned is of the opinion that well-founded and weighty reasons exist for this. If the client cancels against the advice of (the relevant doctor of) Skin+Surgery, then due to the possible consequences of the early termination for the client, this shall occur at the client's own risk and subject to the signing of a form discharging Skin+Surgery and the relevant doctor(s) and employees from any liability and (after)care. Cancellation, cancellation, termination or dissolution of (part of the performance of) the agreement for whatever reason shall not affect the client's obligation to pay the costs of care performed or reserved. Care services that are indivisible shall be charged in full.

 

ARTICLE 4 - RATES AND PAYMENT
Unless otherwise agreed, treatment costs shall be calculated according to rates or prices unilaterally set by Skin+Surgery. When charging accommodation costs to the client, the day of admission and day of discharge shall 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 invoice date applies. This term is one as referred to in Article 6:83a of the Dutch Civil Code. If the client fails to pay any amount due on time, he shall owe default interest of 1% (in words: one per cent) per month (part of a month counted as a full month) on the outstanding principal sum from the moment of default. Partial payments shall initially serve to reduce costs and interest due, and only in the last instance to reduce the principal sum and accrued interest, regardless of the description at the time of payment by the client. All costs reasonably to be incurred by Skin+Surgery as defined in Article 6:96 paragraph 2 sub c of the Dutch Civil Code, shall be borne by the Customer and shall be determined in accordance with the Besluit Vergoeding Buitengerechtelijke Incassokosten of 27 March 2012. If Skin+Surgery is also forced to incur costs other than those described in Article 6:96 paragraph 2 of the Dutch Civil Code, including costs incurred in the context of proceedings in which the Customer is ruled against, the Customer is obliged to pay the costs incurred for this in full. Down payments on scheduled treatments/surgeries will not be refunded in full if the scheduled treatment/surgery is cancelled. In all cases, the following costs will be charged: Cancellation and administration costs 175 euros

 

ARTICLE 5 - LIABILITY
SkinSurgery is insured for the risk of (professional) liability. The liability of SkinSurgery is limited to direct damage and to the amount paid out under the liability insurance in the relevant case (plus the amount of the deductible applicable under the insurance that is not for the insurer's account according to the policy conditions), with a maximum equal to the treatment costs charged or to be charged. Compensation of indirect damage, including in any case but not exclusively side effects and consequential damage, is excluded at all times. The limitation period for all claims and allegations against Skin+Surgery is limited to one year from the date of awareness of (a probability of) liability. SkinSurgery is not responsible for persons accompanying clients of SkinSurgery.

 

ARTICLE 6 - COMPLAINTS

Pursuant to Article 6:89 of the Civil Code, the client is obliged to inform Skin+Surgery of any defect in the cosmetic care within a reasonable time after he has discovered or reasonably should have discovered it. The period within which the Customer must inform Skin+Surgery shall be determined partly on the basis of the disadvantage suffered by Skin+Surgery due to the passage of time. In the event of a justified complaint, Skin+Surgery is entitled, at its discretion, to remedy the defect in the cosmetic care or to credit (in part) the amount owed by the client for the cosmetic care. A complaint does not entitle the client to publicly attack (or cause to be attacked) the honour and reputation of Skin+Surgery. For violation of the provisions of the previous paragraph, the client forfeits to Skin+Surgery an immediately payable fine of €100 per statement, and €100 per day that the violation continues. For handling 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) photographs, scans, etc. are the property of Skin+Surgery. Skin+Surgery retains data for at least 5 years in compliance with applicable laws and regulations. Upon payment of a reasonable fee, the client can obtain copies of these. All agreements and cosmetic care by Skin+Surgery are governed by Dutch law. In the event of a legal dispute, the Dutch courts shall have exclusive jurisdiction.

 

ARTICLE 8 - CONFIDENTIALITY

Skin+Surgery has a duty of confidentiality towards third parties not involved in the execution of the order. This duty of confidentiality relates to all information of a confidential nature made available to Skin+Surgery by the client. The duty of confidentiality does not apply if there is a legal obligation to disclose certain information. Skin+Surgery is entitled to use the information obtained for statistical purposes. In doing so, Skin+Surgery shall ensure that the information cannot be traced back to the individual client.

 

ARTICLE 9 - IDENTITY AND PROVISION OF INFORMATION

The client provides the consultant/doctor/plastic surgeon/therapist, partly in response to the client's questions, to the best of his knowledge, with the information and cooperation he reasonably requires for the execution of the treatment agreement. This includes showing proof of identity. Each client must always be able to provide proof of identity at Skin+Surgery's first request, using legally recognised proof of identity. If a Customer is unable to produce such proof of identity upon request, Skin+Surgery is entitled to suspend the treatment agreement.

 

ARTICLE 10 - NO SHOW, CANCELLING APPOINTMENT, NON-APPEARANCE OR DEFAULT

In this paragraph, absence means cancellation, cancellation, non-appearance or default. For absenteeism on all surgical procedures, the full amount will be charged. For default on laser, injectables or skin enhancement treatment, a fee of 50 per cent of the applicable rate shall be charged. Skin+Surgery will charge the client a minimum of 75 euros if: - consultation appointments are cancelled 48 hours or less in advance; - treatment appointments are cancelled 2 working days or less in advance; - the client fails to attend the scheduled appointment. Deposits on scheduled treatments/surgeries are not fully refundable if the scheduled treatment/surgery is cancelled. In all cases, the following costs will be charged: Cancellation and administration costs 175 euros

In the absence of evidence to the contrary, Skin+Surgery's records shall serve as full proof that such an appointment was made.

 

CANCELLATION CONDITIONS OPERATIONS:
If you cancel the surgery scheduled by Skin Surgery Clinics within a period of 14 days before the surgery date, we will be obliged to charge you for the costs, namely the entire amount of the surgery.

If you have to cancel your surgery within the aforementioned 14-day period for an urgent reason, we will refund to you 50% of the amount you have already paid. However, you must then provide proof of the urgent reason at the first request of the doctor and/or anaesthesiologist.

As an urgent reason we apply:
- When it can be medically demonstrated that you are not reasonably able to undergo the planned surgery
- On the death of a partner or relative up to the second degree.

 

ARTICLE 11 - EXECUTION OF TREATMENT AGREEMENT
Skin+Surgery shall execute or cause the execution of the treatment agreement to the best of its knowledge and ability, and in accordance with the requirements + of good workmanship. Skin+Surgery is entitled to have certain work performed by third parties, if and to the extent required for the proper execution of the agreement. Skin+Surgery does not need to obtain consent from the Customer for this, but will consult with the Customer.

ARTICLE 12 - COSMETIC TREATMENT RESULTS

In cosmetic treatments, practitioners strive for the best result and will make every effort to achieve it. However, there can be no guarantee of achieving the desired result or an undisturbed course of treatment. Complications, such as anaesthetic problems, thrombosis leg, infection, bruising, tissue deterioration and numb skin can always occur. Moreover, it is not possible to guarantee absolute symmetry in bilateral surgery. In some cases, additional surgery may be required to achieve the desired final result, which may incur additional costs for the client.

It is important to note that 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 the before and after photos are for illustration and marketing purposes only. No rights whatsoever can be derived from these. In short, although the 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 medical practitioners, fall under medical/plastic treatments. The doctor/plastic surgeon has an obligation of effort and not an obligation of result.

ARTICLE 14 - TERMINATION OR SUSPENSION OF THE TREATMENT AGREEMENT

Termination or suspension of the treatment agreement is possible if the client behaves inappropriately or improperly towards Skin+Surgery, or its employees, or the volunteers and/or fellow clients working there.

 

ARTICLE 15 - INFORMATION FOR PRESENTATION PURPOSES

Only when written consent is obtained from the client, Skin+Surgery will (publicly) use the information, obtained before, during and/or after treatment.

 

ARTICLE 16 - PERSONAL PROPERTY LIABILITY

Skin+Surgery is not liable for damage to, or loss of, clients' property. It is the client's responsibility to take due care to prevent damage to, or loss of, their property.

ARTICLE 17 - Force majeure

SkinSurgery Clinics is not obliged to fulfil any obligation towards the Customer if SkinSurgery Clinics is hindered in doing so as a result of a circumstance which cannot be attributed to its fault or otherwise be for its account. Such circumstances include a strike, an unforeseeable shortage of personnel, illness of a practitioner, departure of a practitioner, a general lack of the necessary (raw) materials and/or other necessary items or services required for the execution of the order.

During a period of force majeure, SkinSurgery Clinics' obligations will be suspended. If this period lasts longer than six months, both parties have the right to dissolve the agreement, without any obligation for compensation in that case.
If SkinSurgery Clinics has already fulfilled part of its obligations at the time of the start of the force majeure and the treatment agreement is dissolved on the basis of paragraph 2, SkinSurgery Clinics will be entitled to invoice the part already fulfilled.

If the client has already paid for all or part of a treatment at the time the force majeure occurs and the treatment agreement is dissolved under paragraph 2, she is entitled to a refund if and insofar as the treatment did not take place.