Terms and Conditions

TERMS AND CONDITIONS
Terms and conditions of beauty clinic global
Version 01-03-2018

Terms and conditions- beauty clinic global
The terms and conditions relate to all promotions, services, products and materials of Beauty Clinic Global and all associated (para) medics, medical cosmetic consultants and assistants. When an agreement is made with the client (such as treatment agreement), these general terms and conditions will form part of it.

Beauty clinic global has its registered office at De Heemstraat 16, 2525 EK, The Hague and is registered in the Chamber of Commerce (Kamer van Koophandel) under number 860772664 and at the tax authorities under BTW (VAT) number: NL8607.72.664B01.

Article 1- definitions terms and conditions
Here some definitions of the terms and conditions:

  1. Care Provider: beauty clinic global and/or the working (para) medics, medical cosmetic consultants and assistants. Being: the legal person or natural person who concludes a treatment agreement with the client in the treatment done by a (para) medical profession or business.
  2. Client: the one who chooses for themselves for the third treatment agreement with the healthcare.
  3. services: all services, treatments, treatment methods, courses, information, presentations, sales and promotion of products and advice to be provided or to be performed by the Care Provider.
  4. Products: used and supplied products from Beauty Clinic Global.
  5. Patient: the person or individual to be diagnosed or treated. This can, but does not always have to be the same person as client.
  6. Treatment agreement: the agreement for a medical treatment in which the care provider undertakes vis-a-vis the client to perform medical procedures that directly relate to the patient, is a treatment agreement within the meaning of the Medical Treatment Agreement Act. This treatment agreement contains a best effort obligation and not a result obligation.
  7. Complaints and disputes committees: www.dokh.nl

Article 2- general

  1. These terms and conditions apply to the performance and creation between the care provider and client’s treatment agreement.
  2. The Healthcare Provider can involve thirds for the performance of the service, which he can select and contract, if required for proper performance of the agreement. This does not require prior permission from the client.
  3. The present conditions also apply to all agreements with the clients, for the performance of which third parties must be involved by the healthcare provider.
  4. The present terms and conditions apply to every quotation and agreement between the healthcare provider and the client. This can only be deviated after written agreement.
  5. Deviations from these general terms and conditions are only valid if they have been laid down in writing in an agreement between the healthcare provider and the client.
  6. The caregiver is responsible for establishing the deviations and provides the client or the patient with a copy thereof.
  7. The client waives the applicability of his or her general terms and conditions so far as this is applicable.
    The applicability of any purchase or other conditions of the client is expressly rejected.
  8. If one or more provisions provisions of these terms and conditions are void or destroy, the remaining provisions of these terms and conditions will remain in full force and effect. The care provider and the client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, with the goal and the observance of the purpose and intentions of the original provision.
  9. If there is uncertainty about the interpretation of one or more provisions of these terms and conditions, the explanation must be in accordance with the spirit of these provisions.
  10. If a situation arises between the parties that is not regulated in these conditions, this situation must be assessed in the spirit of these conditions.
  11. The patient must take the necessary care to prevent damage or loss of his or her property.
  12. Beauty Clinic Global accepts no liability for damage or loss of property of clients or patients. This also applies to abandoned property.

Article 3- prior permission

  1. The consent of the patient is required for procedures of the treatment and performance for a treatment agreement.
  2. If the patient so request, the caregiver will give the information in writing which procedures he has obtained permission for and will provide the patient with a copy thereof.

Article 4- the treatment agreement

  1. The treatment agreement is concluded when the client instructs the care provider to perform cosmetic treatment and/or medical procedures.
  2. Before entering into the treatment agreement, the client must have reached the age of 18, regardless of the age of the patient.
  3. The client is liable for the obligations arising from the treatment agreement entered into by him or her.
  4. Before concluding the treatment agreement, the client and/or the patient will be informed verbally and, if desired, in writing by the healthcare provider about:

a. The intake procedure
b. The (intended) results and (possible) consequences of the treatment;
c. Alternatives for the treatment
d. The price of the treatment, the options with regard to insurance and time(s) and method of payment;
e. The time(s) and place of the treatment
f. The thinking time, in order to be able to reach a well-considered decision
g. The actions to be taken after concluding the treatment agreement
h. If applicable: which healthcare provider will actually perform the treatment or be involved in the performance of the treatment agreement;
i. The information/instructions for the patient, to follow before the treatment
j. The instructions for guidance, reception, transport and accessibility
k. The instructions for the patient for after the treatment, including the symptoms where the patient should contact and details of who the patient should contact
l. The accessibility of the organization if complaints arise outside working hours;
m. These general terms and conditions, which are made available to the patient immediately during the intake procedure or in any case before the start of the first treatment
n. By agreeing with the treatment, the patient declares to have read these general terms and conditions and to agree with all that is determined.

Article 5- offers/sales
All our offers and quotations (including attachments, documentation, images etc.) are made 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 program or other discount programs or promotions.

Article 6- obligations of the healthcare provider

  1. The healthcare provider observes in his work another healthcare provider and acts in accordance with the responsibility resting on him, from the professional standard applicable to the healthcare provider and the guidelines of the profession.
  2. In his/her work, the healthcare provider uses medication and other medical devices that are registered and whose origin can be traced.
  3. Without prejudice to the provisions of the first paragraph, the care provider complies with the quidelines and standards included in the Quality of Care Institutions. where the assessment criteria deviate from these general terms and conditions, these general terms and conditions prevail.
  4. The healthcare provider will not refuse a request for referral to another expert healthcare provider for a second opinion. The caregiver will discuss the results of the second opinion with the patient upon request.
  5. For aftercare, insofar as necessary, the instructions are given in writing. In any case, written instructions are given about the symptoms, whereby the patient must contact the caregiver.
  6. Insofar as this is necessary for proper care, the caregiver will make a note of the data about the patient’s health and the procedures performed and he will include other documents with such data.

Article 6- performance of the agreement

  1. The caregiver will perform the agreement to the best of it’s knowledge and ability and in accordance with the requirements of good Commissioning.
  2. The client will ensure that all data, which the caregiver indicates are necessary or which the client should reasonably understand to be necessary for the performance of the agreement, are provided to the caregiver in a timely manner. If the information required for the performance of the agreement has not been provided in time, the healthcare provider has the right to suspend the performance of the agreement and/or to charge the client for the additional costs, resulting from the delay in accordance with the usual rates.
  3. In the information mentioned, also includes showing a valid ID or other identification.
  4. The care provider is not liable for damage, in whatever form, caused as a result of incorrect and/or incomplete information provided by the client.
  5. If, due to circumstances which are not attributable to the caregiver, a planned assignment, arising from the agreement, cannot be performed, the client will nevertheless owe the associated costs to the caregiver.

Article 7- amendment of the agreement

  1. If during the performance of the agreement it appears that is necessary for a proper execution to change or supplement the work to be performed, the parties will amend the agreement in time and in mutual consultation.
  2. If the parties agree that the agreement will be amended and/or supplemented, the time of realization may be affected. The care provider will inform the client as soon as possible of any change in the time of realization.
  3. If the changes or additions to the agreement have financial and/or qualitative consequences, the care provider will inform the client about this in advance.
  4. Amendments to the agreement due to the grounds referred to in paragraphs 1,2 and 3 will be made in consultation with the client. Care providers confirms such amendment to the agreement.
  5. The healthcare provider is entitled to change the agreement in accordance with changes in the law and/or other obligations imposed by the government that relate to the assignment agreed in the agreement.
  6. The costs arising from such amendment of the agreement as prescribed by law, the government or any other competent authority shall be borne by the client

Article 8- fulfillment of the agreement, suspension and dissolution

  1. The agreed services to be provided are deemed to be suspended as soon as long as the client is in default with the payment of any amount due, with the continuous provision of up-to-date data, or as long as the caregiver is prevented by force majeure 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. If the agreed term is exceeded within which the healthcare provider must have performed the agreed services, the client will never be entitled to compensation, dissolution of the agreement or non-compliance with any obligation in the event of force majeure and/or in the event that expressly agreed otherwise.
  3. Care provider 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. Circumstances brought to the attention of the caregiver after the conclusion of the agreement give good grounds to fear that the client will not or not fully comply with 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.
    c. When concluding the agreement, the client was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficiently fulfilled.
  4. Furthermore, the caregiver is authorized to dissolve the agreement (or have it dissolved) if circumstances arise 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 in circumstances arise of such a nature, are that unaltered maintenance of the agreement cannot be expected in reasonableness and fairness.
  5. If the agreement is dissolved, the healthcare provider’s claims against the client are immediately due and payable. If the care provider suspends the fulfillment of the obligations, he retains his rights under the law and agreement.
  6. The care provider always retains the right to claim compensation.

Article 9- fee, rates and adjustments

  1. The rates for the services provided by the healthcare provider are made known to the client via the website or with an oral or written confirmation of the order.
  2. All rates include levies imposed by the government, excluding additional costs or expenses, insofar as not expressly agreed otherwise.
  3. If one or more cost price factors increase after the agreement has been concluded- even if this occurs as a result of foreseeable circumstances- the healthcare provider reserves the right to increase the agreed price accordingly stating the basis and method of calculation.
  4. The care provider 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 and that is not attributed to the care provider, that it cannot reasonably be expected from the care provider. May be expected to perform the agreed work for the originally agreed fee.
  5. The healthcare provider 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 extend and the date on which the change or increase will take effect.
  6. In the event of discrepancies between prices on the price list and prices found elsewhere on the website, the price as shown on the price list applies.

Article 10- payment

  1. Payment for the services and/or products provided is made as follows: for all treatments, the invoice must be paid immediately after the treatment. Care provider and provider are free to agree on a different method of payment. Objections to the amount of the invoice do not suspend the payment obligation.
  2. Payment of the services invoice must be made immediately after the service has been performed. In case of late payment, all payment obligations of the client become immediately due and payable.
  3. In the event of liquidation, bankruptcy, statutory debt restructuring, attachment or suspension of payment of the client, the healthcare provider’s claims are immediately due and payable.
  4. The client will at all times remain (jointly and severally) liable for the fulfillment of all (payment) obligations arising from this agreement.

Article 11- cancellations

  1. Appointments that are canceled by the patient 24 hours or less before the relevant appointment, or that are not canceled without the patient appearing, may be charged to the client. If only a consultation was planned, the costs will be 50 euros.

Article 12- liability

  1. If the care provider should be liable, this liability is in any case limited to a maximum of the amount that the liability insurer pays out in a particular case.
  2. The care provider is only liable for physical and/or material damage, which directly arises during the performance of the agreed services and which damage is the direct result of a shortcoming in the fulfillment of the agreement attributable to the care provider.
  3. The care provider is not liable for damage, of whatever nature, caused by the fact that the care provider relied on incorrect and/or incomplete information provided by or on behalf of the client.
  4. Care provider is not liable for damage to third parties. When concluding an agreement with the care provider, the client is always expected to indemnify the care provider for this.
  5. Care provider is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
  6. The client is liable for compensation for the damage suffered by the caregiver as result of a failure on the part of the client or the patient in the fulfillment of their obligations under this agreement.

Article 13- personal data and confidentiality

  1. No personal and medical information about the patient will be provided to the client without the explicit and prior written consent of the patient.
  2. The parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
  3. If, on the basis of a statutory provision or a court decision, the healthcare provider is obliged to provide confidential information to third parties designated by the law or the competent court, and the healthcare provider cannot rely on a legal or competent court recognized in this regard, or permitted right of non-disclosure, then the caregiver is not obliged to pay compensation or indemnification and the other party is not entitled to dissolve the agreement on the basis of any damage caused by this.

Article 14- complaints procedure

  1. The healthcare provider has a complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the treatment agreement must be submitted to the caregiver in a timely, complete and clearly defined manner after the client and/or patient have discovered the defects.
  3. Complaints submitted to the healthcare provider will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, the care provider will reply immediately with a notification of receipt and an indication of the term within which a more detailed answer can be expected.
  4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
  5. The client and caregiver agree to make an effort to resolve the dispute together before submitting in to one of the disputes committees.
  6. A dispute must be submitted to the disputes committee within three months of its occurrence.
  7. Disputes can only be submitted for resolution to the above- mentioned disputes committees or to the court.
  8. With due observance of Article 108 of the Civil action of law, the (subdistrict) judge in the Amsterdam District Court has exclusive jurisdiction with regard to all possible disputes.
  9. The parties will only appeal to the court after they have made every effort to settle a complaint in mutual consultation
  10. Dutch law applies to all legal relationships between Healthcare Provider and client.
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