Terms and Conditions
General Terms and Conditions Meditime B.V.
Private limited company Meditime B.V. (hereinafter: Meditime) is registered with the Chamber of Commerce under number 72398841 and is located at Rivium Boulevard 34 (2909LK) in Capelle aan den IJssel.
Article 1 – Concepts
1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
2. Offer: any offer or quotation to the Patient for the performance of Treatments by Meditime.
3. Treatment or Treatments: The cosmetic treatment in which Meditime undertakes towards the Patient to perform actions in the field of medicine, directly related to the person of the Patient, including aftercare, more specifically in the field of botox, fillers and hair transplantation.
4. Treatment forms: the information, registration and/or consent form which must be completed by the patient before the start of the treatment in the context of giving informed consent.
5. Patient: the natural person who does not act in the exercise of a profession or business that Meditime has appointed, or to whom Meditime has made a proposal on the basis of an Agreement.
6. Agreement: any treatment agreement within the meaning of Article 7:446 ff of the Dutch Civil Code and other related (medical) obligations between the Patient and Meditime, as well as proposals from Meditime for Treatments provided by Meditime to the Patient and which are accepted by the Patient and are accepted and performed by Meditime] and the following separate agreements with regard to a Treatment with which these general terms and conditions form an inseparable whole.
7. Meditime: the care provider who carries out the Treatment in the exercise of a medical profession or business.
8. Products: the Products offered by Meditime in the sales area are various supplements.
Article 2 – Applicability
1. These general terms and conditions apply to every Offer of Meditime, every Agreement between Meditime and the Patient and to every Service offered by Meditime.
2. Before an Agreement is concluded, the Patient will be provided with these general terms and conditions. If this is not reasonably possible, Meditime will indicate to the Patient how the Patient can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible.
4. These general terms and conditions also apply to additional, amended and follow-up orders from the Patient.
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5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. The applicability of 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
8. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.
9. In the event that Meditime has not always demanded compliance with these general terms and conditions, it retains its right to demand compliance with these general terms and conditions in whole or in part.
Article 3 – The Offer
1. All offers made by Meditime are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
2. The Offer contains a complete and accurate description of the Treatment offered. The description is sufficiently specified, so that the Patient is able to make a proper assessment of the Offer. In any case, this includes information regarding the cosmetic result that
Meditime expects, (the course of) the treatment procedure, possible complications in form and frequency, the recovery period and aftercare, limitations and risks of the treatment, alternatives for the treatment and the financial aspects.
3. Meditime is only bound by an Offer if this is confirmed in writing by the Patient within 30 days. Nevertheless, Meditime has the right to refuse an Agreement with a (potential) Patient for reasons that are justifiable to Meditime.
4. Meditime is not bound by an Offer if the Patient could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Patient cannot derive any rights from this mistake or error.
5. Any oral agreements are only valid if they are subsequently confirmed in writing by Meditime to the Patient.
6. Offers or quotations do not automatically apply to follow-up orders. A composite quotation does not oblige Meditime to perform part of the Treatment included in the offer for a corresponding part of the stated price.
Article 4 – Conclusion of the Agreement
- The Agreement is concluded at the moment that the Patient accepts the quotation/offer by completing the Treatment Forms that are provided to the Patient before the start of the Agreement (Treatment).
- Patient can only enter into an Agreement if it is established that Patient:
- Has reached the age of at least 18 years and has presented a valid proof of identity;
- Prior to the Agreement, you have been clearly and extensively informed verbally and in writing about the Treatment, the possible risks and consequences, the possible expected result, aftercare of the Treatment, the costs of the Treatment and method of payment, the reflection period to reach a reasonable decision and the time of Treatment;
- Follows the instructions and/or directions given by Meditime if these have been given to the Patient by Meditime. If the instructions are not followed, incorrectly or incompletely followed, the consequences of this will be at the expense and risk of the Patient.
- Is aware of Meditime’s contact details in the event of complications, as stated on the documents provided to the Patient. The patient should contact the patient immediately in the event of complications.
- Completely and truthfully completed the Treatment Forms consisting of the information, registration and consent form;
- The questions asked by the patient have been answered;
- The patient has provided his/her name and address and contact details and these are correct and complete.
- In addition, an Agreement can only be entered into if the Patient is healthy, except for the (cosmetic) abnormality for which the Treatment is indicated, or if the Patient has a mild to moderate (systemic) disease that does not cause any further nuisance or disability.
- The consent of the Patient is confirmed (again) on the day of Treatment.
Article 5 – Term of the Agreement
1. If and insofar as an Agreement has been concluded between the Patient and Meditime, the duration of this Agreement is in accordance with the duration of the relevant Treatment, including aftercare and other subsequent agreements.
2. The patient can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if Patient Meditime has been given written notice of default and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations in that case.
to comply correctly.
3. The dissolution of the Agreement does not affect the payment obligations of the Patient insofar as Meditime has already performed activities or delivered services at the time of the dissolution. The patient must pay the agreed fee.
4. The patient can discontinue or discontinue the Treatment at any time. If any products (botox and/or filler) are used, the Patient is obliged to reimburse the costs for these products.
5. Both the Patient and Meditime can terminate the Agreement in writing, in whole or in part, without further notice of default, with immediate effect if Meditime is granted a moratorium or has filed for bankruptcy or the company ends due to liquidation. If a situation
as stated above, Meditime is never obliged to refund of already received
money and/or compensation.
Article 6 – Execution of the treatment agreement
1. Meditime will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good care provider or cosmetic doctor. Meditime will act in accordance with the responsible person resting on him, arising from the
care providers the applicable professional standard, including the Quality Framework for Cosmetic Care. Meditime guarantees a professional and independent service. All Treatments are performed on the basis of a best efforts obligation.
2. The Agreement on the basis of which Meditime carries out the Treatment is leading for the size and scope of the service. The Agreement will only be performed for the benefit of the Patient. Third parties cannot derive any rights from the content of the Treatment performed in connection with the Agreement.
3. The information and data provided by the Patient are the basis on which the Treatment offered by Meditime and the prices are based. Meditime has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4. In carrying out the Treatment, Meditime is not obliged or obliged to follow the instructions of the Patient if the content or scope of the agreed Treatment is changed as a result. If the directions result in further work for Meditime, the patient is obliged to
to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Meditime is entitled to engage third parties for the implementation of the Treatment at its own discretion.
6. The Treatment can only be performed if the Patient has completed the necessary documents and/or Treatment Forms completely and truthfully. Before the start of the treatment, any possible risks are discussed in detail with the patient. If Meditime does it for the
considers it necessary to carry out the Treatment, it can demand a health certificate from the Patient before the start of the Treatment. In the event of illness, use of medication, alcohol, (narcotics) substances and/or other circumstances that may be important in the possible implementation of the Treatment,
The patient should discuss this prior to treatment.
7. Meditime can only use medicines, implants and other medical devices for the treatment insofar as these are registered and with due observance of the Medical Technology Covenant 2016.
8. If the Patient requests a second opinion, Meditime is obliged to follow up on this request. Meditime will discuss the results of the second opinion with the patient upon request.
9. Meditime adheres to the applicable laws and regulations, the usual practice among professionals and the quality standards of the scientific association. This includes the Care Quality, Complaints and Disputes Act (Wkkgz), the Individual Professions Act,
Healthcare (BIG Act), the Medical Treatment Agreement Act (WGBO: Book 7, Title 7, Section 5 of the Civil Code), the General Data Protection Regulation (GDPR), the Medicines Act and any guidelines, professional standards and protocols of the professional groups. This also includes that the (medical) treatment room meets the requirements set for it.
10. Meditime keeps a file with regard to the Treatment of the Patient. In this, data is collected about, among other things, any medication use, the treatment(s) performed, results, complaints and/or other relevant information.
11. If the appointment or Treatment is already underway, the Patient is not allowed to cancel the appointment without having paid the costs owed for this.
Article 7 – Obligations Patient
1. The patient is obliged to provide Meditime to the best of its knowledge with the information and cooperation that Meditime reasonably needs for the execution of the Agreement.
2. The patient is obliged to provide all information requested by Meditime as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, it may happen that Meditime is not able to realize a complete implementation and/or delivery of the relevant documents. The consequences of such a situation are at all times at the expense and risk of the Patient.
3. Meditime is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Patient with regard to the information if it has changed over time, nor is Meditime responsible for the correctness and completeness of the information provided by
Meditime has been compiled for third parties and/or is provided to third parties in the context of the Agreement.
4. Meditime may, if this is necessary for the execution of the Agreement, request additional information. Failing this, Meditime is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation from which
head towards the patient. In the event of changed circumstances, the Patient must notify Meditime immediately or no later than 3 working days after the change has become known.
5. The patient must follow the aftercare instructions carefully. If the patient has doubts about the progress of the healing process, the patient should contact Meditime immediately and make an appointment for a check-up.
Article 8 – Agreements
1. If the start or progress of the Treatment is delayed because, for example, the Patient has not supplied all the requested information or has not provided it in time, does not provide sufficient cooperation, the (down) payment has not been received in time by Meditime or due to other circumstances that
At the expense and risk of the Patient, if a delay has occurred, Meditime is entitled to a reasonable extension of the execution period. This also includes running out of a previous appointment.
2. Meditime is always entitled to reschedule an appointment that has already been made, provided that he or the relevant healthcare institution where he performs its Treatment has informed the Patient of this at least 48 hours in advance. If the appointment already made relates to a hair transplant treatment, it can only be moved if the Patient has informed the relevant healthcare institution at least 14 calendar days in advance.
3. If there is a phased implementation, or if the patient has to give approval, Meditime is entitled to suspend the implementation of the Agreement or the delivery period until the patient has given his approval.
4. Meditime makes every effort to realize the Treatment within the agreed term, insofar as this can reasonably be expected of it. In the event of an emergency, the Patient is obliged to pay the associated compensation.
5. Meditime has the right to use images of the results of the services it has achieved for its own promotion and/or publicity, provided that (prior) explicit and written permission has been obtained from the Patient.
6. Appointments already made that are canceled from 48 hours before the start date of the appointment, or if the Patient does not show up for the appointment without cancellation, will be charged to the Patient. The costs of this amount to 80% of the Treatment amount with a minimum of 50 euros
with a botox and/or filler treatment.
The following cancellation costs apply for hair transplants:
>Change ONE month free of charge
< ONE month 20% of the treatment amount
<14 days 50% of the treatment amount
<1 week 80% of the treatment amount
7. In the event of a difference of opinion or uncertainty about the date of the appointment, the date as planned in Meditime’s administration will be the guiding principle.
8. In the event of cancellation of the appointment by the Patient, Meditime will make reasonable efforts to limit the costs of cancellation as much as possible.
9. If the Patient does not show up for an appointment on time without cancellation, Meditime cannot guarantee that the agreed Treatment can take place. If the Patient has to make a replacement appointment as a result, the costs of the missed appointment remain due in full, unless explicitly stated
10. In the event of discharge after the end of the Treatment, a discharge interview will take place between the Patient and Meditime for the purpose of aftercare. Any instructions that the Patient must comply with will be given in writing.
11. The patient is aware that the Treatment of a number of specific types of Treatments must take place according to a time schedule indicated by Meditime in order to achieve the desired effect. Meditime will inform the patient about this when entering into the treatment agreement.
12. If the Patient has COVID-19-related complaints and/or has tested positive, the Treatment can be moved free of charge if the Patient can provide proof of this. Cancellation of the Treatment is not free of charge in case of COVID-19 related complaints and/or a positive test
Article 9 – No guarantees
1. Meditime carries out the treatment and work in accordance with the standards applicable in the industry and makes every effort to achieve an optimal result. The Treatment depends on various circumstances such as the physical reaction of the Patient, any medical conditions, use
of medications, Patient’s history of performing a Treatment and more.
2. In the event of a hair transplant, Meditime only provides a commitment guarantee. This guarantee relates to the amount of hair follicles that will be placed, but not to the final result. The result to be achieved always depends on the circumstances as referred to in paragraph 1.
3. If the Patient is of the opinion that insufficient results have been achieved, Meditime will assess the Treatment. If Meditime is of the opinion that insufficient hair follicles have been placed, Meditime will offer an additional treatment free of charge. When assessing this, it is also assessed whether the Patient has followed the instructions given accurately and whether the result is not due to skin or hair disease or another condition.
4. Meditime guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Patient has explicitly notified Meditime of this use at the time of entering into the Agreement.
Article 10 – Additional work and changes
1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Patient to achieve the desired result for the Patient, a separate Agreement will be concluded for this and/or the Patient will be referred
to an authorized third party.
2. If the additional activities are the result of Meditime’s negligence, Meditime has made an incorrect estimate or could reasonably have foreseen the relevant activities, these costs will not be passed on to the Patient.
Article 11 – Prices and payment
1. All prices include sales tax (VAT). The patient cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
2. Payment of an Agreement is made at once and before the start of the (first) Treatment, unless otherwise agreed in writing.
3. If and insofar as a fixed price has been agreed for the performance of certain Treatments and the performance of that Treatment leads to extra work that cannot reasonably be considered to be included in the fixed price, Meditime is entitled to reimburse these costs after consultation. with the patient, to be charged to the patient.
4. If the Patient has a periodic payment obligation, Meditime is entitled to adjust the applicable prices and rates (only) in writing in accordance with the conditions of the Agreement, with due observance of a term of at least one month.
5. Once the patient has made the advance/down payment, if the patient cancels his treatment, he has a maximum of 14 calendar days from the date of the down payment to get back the advance/down payment he has already paid. This article does not apply if a patient is booking last minute surgery. There must be at least 30 business days between the selected operation date. Meditime reserves the right to cancel this prepayment.
6. The parties can agree that the Patient must pay an advance. If an advance has been agreed, the Patient must pay the advance before a start is made with the provision of the service.
7. Meditime is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
8. The patient must pay these costs at once, without settlement or suspension, within the specified payment term to the account number and details of Meditime made known to her.
9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Patient, the payment and all other obligations of the Patient under the Agreement will become immediately due and payable.
Article 12 – Collection Policy
1. If the Patient does not meet its payment obligation, and has not fulfilled its obligation within the payment term set for this, the Patient will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation with a statement of the extrajudicial costs if the Patient does not fulfill its obligations within that period, before she is in default.
2. From the date that the Patient is in default, Meditime will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation for the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the decision.
compensation for extrajudicial collection costs from 1 July 2012.
3. If Meditime has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full judicial and execution costs incurred are also for the account of the Patient.
Article 13 – Privacy, data processing and security
1. Meditime handles the (personal) data of the Patient with care and will only use it in accordance with the applicable standards. If requested, Meditime will inform the person concerned about this.
2. The patient is personally responsible for the processing of data that are processed using a Meditime service. The patient also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, Patient indemnifies Meditime against any (legal) claim related to this data or the execution of the Agreement.
3. If Meditime is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs, not unreasonable is.
Article 14 – Suspension and dissolution
1. Meditime has the right to keep the received or realized data, images and more if the Patient has not yet (fully) fulfilled its payment obligations. This right remains in full force if a reason that is justified for Meditime occurs that
justifies suspension in that case.
2. Meditime is authorized to suspend the fulfillment of its obligations as soon as the Patient is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Patient in writing.
3. In that case, Meditime is not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension does not affect the payment obligations of the Patient for work already performed. In addition, the Patient is obliged to compensate Meditime for any financial loss that Meditime suffers as a result of the default of the Patient.
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Article 15 – Force Majeure
1. Meditime is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Meditime is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of Meditime, (ii) failure to properly fulfill obligations of suppliers that the Patient or his third parties have given to Meditime. are prescribed or recommended, (iii) government measures, (iv) failure of electricity, internet, data network and/or telecommunication facilities, (v) illness of employees of Meditime or its consultants and (vi) other situations that in the opinion of Meditime fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Patient. Meditime is not obliged to reimburse the Patient for any losses caused by such revocation
Article 16 – Instructions for use Products
1. The patient of Products must follow the regulations and instructions of Meditime.
2. The Patient must store the Products carefully. If applicable, the Products must be kept in the packaging provided.
3. Meditime expressly disclaims all liabilities and claims of the Patient and/or third parties who have incurred (physical) damage as a result of the use of the Products. The Products must only be used in accordance with the instructions for use and never more than the daily amount
exceed. In the event of medication use, the patient must always consult his doctor.
4. Any advice given by Meditime about the use of the Products is only general and without obligation. Each patient is responsible for assessing whether the product is suitable for him. In case of doubt, the patient’s GP should be contacted for an assessment of the use in the specific case.
5. The supplements should be kept out of the reach of young children. In addition, the products should be stored dry, closed and at room temperature (15-25 °C).
6. Meditime recommends to consult an expert before using the supplement in case of pregnancy, lactation, medication use and in case of doubt about hypersensitivity to one of the ingredients. The patient should not use the products in combination with anti-depressants or drugs
with a similar effect (SSRIs or MAO inhibitors).
7. If an allergic reaction occurs, stop using it immediately.
Article 17 – Limitation of liability
1. Meditime’s liability is not limited in the context of the Agreement within the meaning of Article 7:446 et seq. of the Dutch Civil Code. If and insofar as services are performed in the performance of an Agreement in a hospital that is not a party to the Agreement, the hospital is jointly liable for a shortcoming, as if it were itself a party to the Agreement.
2. In the event of liability on the part of Meditime, the Patient must first submit a complaint in accordance with Article 19 of these general terms and conditions.
3. Meditime has professional liability insurance.
Article 18 – Limitation of Liability Products
1. If the performance of the Agreement by Meditime leads to liability on the part of Meditime towards the Patient or third parties, that liability is limited to the costs charged by Meditime in connection with the Agreement, unless the damage was caused by intent or gross negligence. Meditime’s liability is in any case limited to the maximum amount of damage that is paid out by the insurance company per event per year.
2. Meditime is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Meditime is not liable for and/or obliged to repair damage caused by the use of the Product. Meditime provides strict maintenance and use instructions that must be followed by the patient. All damage to Products as a result of use is expressly excluded from liability.
4. Meditime is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
6. All claims of the Patient due to shortcomings on the part of Meditime lapse if they have not been reported to Meditime in writing and with reasons within one year after the Patient was or could reasonably have been aware of the facts on which it bases its claims. All claims of
The patient expires in any case one year after the termination of the Agreement
Article 19 – Confidentiality
1. Meditime is obliged to maintain strict confidentiality and must ensure that no information about the Patient or access to or copies of the data from the file is provided to anyone other than the Patient, unless the Patient has expressly given permission for this. If provision takes place, this will only take place insofar as this does not harm the privacy of another person. The provision of information in question may take place without taking into account the restrictions referred to in the preceding sentences, if the provisions to that effect by or pursuant to the law
2. Others than the Patient do not include those who are directly involved in the implementation of the Agreement and those who act as a replacement for the care provider, insofar as the provision is necessary for the work to be performed by them in that context. Only on the basis of art. 7:458 Dutch Civil Code and in accordance with the provisions of this article, confidentiality can be deviated from.
3. In the interest of the quality of the Treatment offered by Meditime, as well as on the basis of a legal obligation, it keeps a file of every patient with medical data and before and after photos of the Treatment.
4. Meditime also imposes the obligation of confidentiality on the third parties to be engaged by it.
Article 20 – Disclaimer and correctness of information
1. The patient is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents, in whatever form, that they provide to Meditime in the context of an Agreement.
2. If the Patient provides Meditime with electronic files, software or information carriers, the Patient guarantees that they are free of viruses and defects.
Article 21 – Complaints
1. If the Patient is not satisfied with the service of Meditime or otherwise has complaints about the implementation of the Agreement, the Patient is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. . Complaints
can be reported verbally or in writing via Complaint@hairtimeistanbul.nl with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Patient if Meditime is to be able to handle the complaint.
3. Meditime will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to reach a solution together. If that fails, the Client and/or the Patient can submit a complaint to the Disputes Committee.
5. The complaints regulations of the Disputes Committee and the disputes regulations of the Disputes Committee contain the conditions and rules for complaints and dispute resolution.
Article 22 – Applicable law
1. The legal relationship between Meditime and the Patient is governed by Dutch law.
2. Meditime has the right to change these general terms and conditions and will inform the Patient thereof.
3. All disputes arising from or as a result of the Agreement between Meditime and the Patient will be settled by the competent court of the Rotterdam District Court, location Rotterdam, unless mandatory provisions designate another competent court.
Capelle aan den IJssel, 20 November 2020