The partnership Oran Aesthetics is located at 173 Arent Janszoon Ernststraat, 1083 GT in Amsterdam, Oran Aesthetics is registered in the trade register of the Chamber of Commerce under number 77518047.
Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
- Auxiliary: Oran Aesthetics in Amsterdam and/or the (para)medics and medical-cosmetic consultants working there. Being: the legal or natural person who, in the exercise of a (para)medical profession or business, concludes a treatment agreement with the client.
: the person who concludes a treatment agreement with the treatment provider for himself or for a certain third party.
: all services, treatments, treatment methods, courses, information, presentations, sales and promotion of products and advice to be provided or performed by the Auxiliary.
: used and delivered products from Oran Aesthetics
- Patient: the natural person to whom the medical acts directly relate. This can but need not always be the same person as the principal.
: the agreement for medical treatment in which the care provider undertakes to the client to perform medical acts directly related to the patient.
Complaints and Disputes Committees.
and article 19 of these general terms and conditions.
Article 2 – Applicability.
- These general conditions apply to the formation and execution of the treatment agreement concluded between the client and the care provider.
- For the performance of services, Auxiliary may involve third parties, which it may select and contract, if proper performance of the agreement requires it. This does not require the prior consent of the Client.
- These Terms and Conditions shall apply to every quotation and agreement between Auxiliary and Client. This can only be deviated from by written agreement.
- The Client waives the applicability of his or her General Terms and Conditions to the extent applicable. The applicability of any purchase or other terms and conditions of the Client is expressly rejected.
Article 3- Property
Oran Aesthetics shall take measures reasonably practicable to prevent damage to or loss of patient property. It is the patient’s responsibility to exercise due care to prevent damage to or loss of their property. Oran Aesthetics assumes no liability for damage to or loss of clients’ or patients’ property. This includes abandoned property.
Article 4 – Consent
- Operations to carry out a treatment agreement require the patient’s consent.
- At the patient’s request, the provider shall record in writing the operations for which he has obtained consent and shall provide the patient with a copy thereof.
- As a starting point, all treatments performed by Oran Aesthetics require the patient to be 18 years of age or older. Each patient must be able to identify themselves at Oran Aesthetics’ request with legally recognized identification. If a patient cannot produce such proof of identity, Oran Aesthetics may suspend the treatment agreement.
Article 5 – The treatment agreement
- The treatment agreement is established when the client commissions the care provider to perform cosmetic treatments and/or medical procedures.
- Before entering into the treatment agreement, the patient must have reached the age of 18. By commencing treatment, patient declares having read these terms and conditions and agreeing to all that they provide.
Article 6 – Offers
All of our offers and quotations (including attachments, documentation, images on social media, etc.) are made orally or in writing and are without obligation, unless they contain a deadline for acceptance in which latter case the offer is void upon expiration of this deadline.
Article 7 – Obligations of the Assistance Provider
- The Auxiliary shall exercise the care of a good Auxiliary in its work, acting in accordance with the responsibility incumbent upon it as derived from the professional standard applicable to the Auxiliary and the guidelines of the profession.
- The Auxiliary uses products and tools in its work, which are registered and whose origin can be traced.
- The Provider shall establish a record related to the treatment of the Patient.
- To the extent necessary for proper care, the Auxiliary Provider shall make notes of the data on the Patient’s health and the operations performed, and shall include other documents containing such data.
Article 8 – Execution of the agreement
- Auxiliary shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good Auxiliary.
- The Client shall ensure that all information, which Auxiliary indicates is necessary or which the Client should reasonably understand is necessary for the performance of the agreement, is provided to the Auxiliary in a timely manner. If data necessary for the execution of the agreement are not provided in time, Service Provider has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay according to the usual rates.
- The information mentioned in two includes showing a valid ID.
- Auxiliary is not liable for damages, in any form, arising as a result of incorrect and/or incomplete (medical) information provided by the Client.
- If, due to circumstances not attributable to Auxiliary, a scheduled assignment resulting from the agreement cannot be performed, the Client shall still owe Auxiliary the related costs.
Article 9 – Modification of the agreement
- If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, the parties will timely and by mutual agreement change the agreement.
- If the parties agree to amend and/or supplement the agreement, the time of realization may be affected. Auxiliary will notify the Client as soon as possible of any change in the time of realization.
- If the changes or additions to the agreement have financial and/or qualitative consequences, the Auxiliary will inform the Client.
- Modification of the agreement due to grounds mentioned in paragraphs 1, 2 and 3 is done in consultation with the Client. Auxiliary confirms such modification of the agreement.
- Auxiliary is entitled to modify the agreement in accordance with changes in laws and/or obligations otherwise imposed by the government that relate to the assignment agreed upon in the agreement.
- The costs arising from Article 7.1 and/or modification of the agreement prescribed by law, government or any other competent authority shall be borne by the Client.
Article 10 – Performance of the contract, suspension and dissolution
- The agreed services to be rendered shall be deemed to be suspended as soon as and as long as the Client is in default of payment of any amount due or as long as the Auxiliary is prevented from fulfilling its obligations due to force majeure, without the Client being able to assert any right to compensation for damages, costs and/or interest on that account.
- Exceeding the agreed period within which Auxiliary must have performed the agreed services shall never, in the event of force majeure and/or in the event expressly agreed otherwise, entitle the Client to damages, dissolution of the agreement or non-performance of any obligation.
- Furthermore, the Auxiliary Provider shall be entitled to dissolve the agreement or have it dissolved if circumstances arise which are of such a nature that fulfillment of the agreement cannot possibly be required or can no longer be required according to standards of reasonableness and fairness, or if circumstances arise which are of such a nature that unaltered maintenance of the agreement can no longer be expected in reasonableness and fairness.
- If the agreement is dissolved, the claims of Auxiliary on the Client shall be immediately due and payable. If the Auxiliary suspends the fulfillment of its obligations, it retains its claims under the law and agreement.
- Auxiliary retains the right to claim damages.
Article 11- Intellectual property rights
No part of Oran Aesthetics’ expressions, services, products and/or materials (including website) may be copied or otherwise reproduced, digitally or analogously, without prior express written permission. Permission is granted exclusively by Oran Aesthetics and may be provided at email@example.com
Article 12- Fees, rates and rate adjustments.
- The rates for the services provided by Auxiliary will be disclosed to Client via the website or with a verbal or written order confirmation. All rates are inclusive of levies imposed by the government, exclusive of additional (expenses), unless otherwise expressly agreed.
- If after the conclusion of the agreement one or more cost price factors undergo an increase – even if this occurs as a result of foreseeable circumstances – Service Provider reserves the right to increase the agreed price accordingly.
- The Auxiliary may increase the fee if, during the performance of the work, it appears that the original agreed or expected amount of work was underestimated to such an extent when the agreement was concluded and this is not attributable to the Auxiliary, that the Auxiliary cannot reasonably be expected to perform the agreed work at the originally agreed fee.
- Auxiliary shall promptly confirm the rate change or increase referred to in paragraphs 3 and 4 of this Article with a notice to Client.
- In case of discrepancies between prices on the price list and prices found elsewhere, the price as shown on the current price list applies.
Article 13 – Payment
- All prices as shown on the current price list are for individuals and include VAT. Prices shown should be paid at Oran Aesthetics location preferably by pin (or cash) after the treatment has taken place. If a credit card is used as a method of payment, 5% of the total amount will be charged due to transaction costs.
- Payment of other invoices to Auxiliary shall be made within 14 days of the invoice date in the manner specified by Auxiliary. By the mere fact that Auxiliary has not received the full amount of the invoice by the due date, Client shall be in default without any prior summons or notice of default being required.
- If the patient is eligible for a contribution from a health insurance company, the patient should self-report the expenses incurred afterwards.
- In case of late payment, all payment obligations of the Client shall become immediately due and payable. The client shall owe interest – without further notice or notice of default – from the due date of the invoice on what Oran Aesthetics can validly claim from him. If the Client fails to fulfill its obligations within the agreed period, it shall be in default without any prior summons or notice of default being required.
- All judicial and extrajudicial costs incurred by Auxiliary in the collection of a claim against the Client arising from the Client’s failure to fulfill its obligations shall be borne by the Client. The extrajudicial costs shall be at least 15% of the amount due, with a minimum of €225. Auxiliary is free to claim the actual extrajudicial costs. The Client is not permitted to suspend payment.
- If the Client is in default of payment of the invoice, the Auxiliary shall have the right, notwithstanding the provisions of the preceding paragraphs, to discontinue or suspend further performance of the work. Also, in the event of said default, Auxiliary shall have the right to terminate the Agreement without judicial intervention and to claim full (damage) compensation for the damages caused by the attributable failure by
Client, to Auxiliary caused damage. This also includes expenditures, services, lost and foregone income still to be performed under the contract.
- The Client remains at all times severally liable for the fulfillment of all (payment) obligations arising from this agreement.
Article 14 Cancellation of appointment
Appointments cancelled as of 24 hours prior to the appointment start date, or where patient fails to appear for the appointment without timely cancellation, will be charged to Client and/or patient. In case of disagreement or ambiguity regarding the date of the appointment, the date as scheduled in the records of Oran Aesthetics shall prevail.
Article 15- Liability
- Should Auxiliary be liable, such liability shall in any event be limited to a maximum of the amount paid out by the liability insurer in a particular case. If in any case the insurer does not pay, or the damage is not covered by the insurance, Oran Aesthetics’ liability is limited to the amount of the invoice.
- Auxiliary is only liable for physical and/or material damage, which has occurred directly in the performance of the agreed services and which damage is a direct consequence of a failure in the performance of the agreement attributable to Auxiliary.
- Auxiliary is not liable for damages, of any kind, caused by Auxiliary’s reliance on incorrect and/or incomplete information provided by or on behalf of the Client.
- The Client shall be liable for compensation for damages suffered by the Auxiliary due to a failure of the Client or the Patient to perform their obligations under this Agreement.
Article 16- Effort obligation
Physicians affiliated with Oran Aesthetics, as physicians, have an obligation of effort and not an obligation of result with respect to the patients they treat. In proper consultation with the patient and/or client, she will make every effort to achieve the desired result to the extent medically feasible and justifiable. Oran Aesthetics does not accept any
liability in the event that, despite exercising the utmost care, the result turns out to be unachievable. This is in accordance with applicable case law and regulations.
Article 17- Force majeure
- Auxiliary is not bound to fulfill any obligation to the Client if it is hindered to do so as a result of a circumstance that is not due to its fault, and is not for its account under the law, a legal act or generally accepted practice.
- In the event of force majeure, Auxiliary shall not be liable for any resulting damage.
- Force Majeure shall include: all external causes, foreseen or unforeseen, which are beyond the control of Service Provider, but which prevent Service Provider from fulfilling its obligations. In any case (but not exclusively) this includes fire, flood, war, natural disasters and other exceptional weather conditions, strike government measures and non-delivery by suppliers.
Article 18- Confidentiality
The parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or results from the nature of the information.
Article 19 – Complaints procedure
- In case of dissatisfaction regarding treatment, the first step for you is a checkup appointment with the Auxiliary. Auxiliary has a best-efforts obligation to provide you with the best possible assistance within Oran Aesthetics’ policies. In most cases, we can already find a suitable solution together with you during this conversation.
- Oran Aesthetics has a complaint procedure and will handle the complaint in accordance with this complaint procedure. Complaints about the performance of the treatment agreement must be submitted to the care provider in a timely, complete and clearly described manner after the client and/or patient has identified the defects. Client may request a complaint form for this purpose at info@oraneasthetics. Please include any additional photos, data or documents that support your complaint.
- Complaints submitted to the counselor will be answered within 10 working days from the date of receipt. If a complaint requires a foreseeably longer processing time, the social worker will respond by return with a notice of receipt and an indication of the time within which a more detailed response can be expected.
- If, after following the steps in Article 19.1, 19.2 and 19.3, no appropriate solution has been found, you have the option of submitting your complaint to an independent complaints officer. The Wkkgz Act states that every healthcare provider must be able to employ an independent complaints officer. The function of a complaints officer is mediation between you and the clinic to reach a solution together. If you have difficulty, he (or she) can also help you formulate your complaint, assist during mediation and advise on the follow-up process. There is no charge for using the mediation of an independent complaints officer. If you wish to take advantage of this please indicate this to your doctor or send an email to firstname.lastname@example.org
- Client and social worker agree to first make efforts to resolve the dispute together before submitting it to one of the dispute committees.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution. Litigation does involve costs. After a considered investigation, the agency may issue a binding opinion that both parties must abide by. Oran Aesthetics is affiliated with the nationwide DOKh dispute resolution body. DOKh Foundation meets the accreditation requirements of the Dutch government.
- Subject to Article 108 of the Code of Civil Procedure, the (subdistrict) court in the District Court of Amsterdam shall have exclusive jurisdiction over all possible disputes.
- The parties will only resort to the courts after making every effort to resolve a complaint by mutual agreement.
- All legal relations between Auxiliary Provider and Client are governed by Dutch law. The competent court is Amsterdam District Court.
Article 22 – Modification and location of the General Conditions
These General Terms and Conditions are filed with the Chamber of Commerce in Amsterdam under number 77518047 and can be requested in written or electronic form from Oran Aesthetics at any time. Oran Aesthetics is free to modify these terms and conditions at any time. With an amendment, all previous versions expire: applicable is always the version in force at the time the agreement was concluded.