Terms and conditions
General terms and conditions of MSCStem (Stemcell therapy center).
The general terms and conditions are always provided to the client prior to the treatment and the signing of the treatment agreement.
Self-employed or independent physicians and consultants as of 01-01-2015 MSCstem (Stemcell therapy center) in Almere. MSCstem (Stemcell therapy center) is registered in the trade register of the Chamber of Commerce in Almere under number Chamber of Commerce (……….). These terms and conditions apply to all treatment agreements concluded with clients by MSC stem (Stemcell therapy center) and its affiliated physicians and consultants, independent or not. As so far these activities are carried out within the framework of the clinic. At the request of the client, the general terms and conditions are available at all times and, if desired, they will be sent to him free of charge.
Terms and Conditions:
1.Definitions
In these general terms and conditions the following definitions apply:
MSCstem (Stemcell therapy center) and all affiliated organizations independent physicians.
Treatment agreement: all agreements concluded by MSCstem (Stemcell therapy center) with a client regarding a treatment. Client: the counterparty of MSCstem (Stemcell therapy center) when entering into the treatment agreement.
Treatment: all medical and aesthetics treatments performed by MSCstem (Stemcell therapy center).
2.Exceptions to Terms and Conditions
A deviation from these general terms and conditions is only valid if MSCstem (Stemcell therapy center) has expressly agreed to this in writing. The client waives the applicability of his or her General Terms and Conditions.
3.Results of medical treatment
All treatments performed by doctors fall under medical / medical treatment. The doctor/plastic surgeon has an obligation of means and no obligation of result.
4.Results of Stem cell therapy and aesthetic treatments:
The cosmetic practitioners have an obligation to perform the treatments to the best of their knowledge and ability and have no obligation of result. We can never guarantee the results or an undisturbed course:
Complications can always occur, such as anesthesia problems, thrombosis, infection, bruising, tissue death and numb skin. Absolute symmetry in double-sided operations cannot be guaranteed. Sometimes it is necessary to perform an additional operation to obtain a good end result. This additional surgery may incur additional costs. These costs amount to 25% of the treatment amount, if it can be corrected and if MCSstem has expressly agreed to this in writing.
5. Execution of treatment agreement:
MCSstem will execute the treatment agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. MSCstem has the right to have certain activities performed by third parties, if and insofar as this is required for the proper execution of the agreement. MSCstem does not need to obtain permission from the client for this.
6.Secrecy:
MSCstem is obliged to observe secrecy towards third parties who are not involved in the execution of the assignment. This duty of confidentiality concerns all information of a confidential nature that has been made available to MSCstem by the client. The obligation of secrecy does not apply if there is an obligation under the law to disclose certain information. MSCstem is entitled to use the information obtained for statistical purposes. MSCstem will ensure that the information cannot be traced back to the individual client.
7.Information for Presentation Purposes:
Only when written permission has been obtained from the client will MSCstem (Stemcell therapy center)[(publicly)] use the information obtained before, during and / or after the treatment.
8. Personal Property Liability:
MSCstem (Stemcell therapy center) is not liable for damage to or loss of clients’ property. The client must take the necessary care to prevent damage to or loss of his property.
9.Canceling, cancellation of appointment, non-appearance or absence:
In this paragraph, default is understood to mean: cancellation, cancellation, non-appearance, rescheduling of an appointment and vice versa.
When the paper treatment agreement is signed and returned, it is binding for both parties. The client enters into a treatment agreement with MSCstem (Stemcell therapy center), the medical specialist is not a contracting party. When the client verbally or
or agrees in writing to an operation or intervention, this communication constitutes a binding agreement to undergo the treatment and to comply with control appointments and follow-up appointments and the cancellation conditions come into force (point 9 of A-E).
A-Absence for non-surgical procedures: An amount of 25% of the applicable rate will be charged for all laser, injectables or skin improvement treatment if this is canceled, moved, canceled or canceled 24 hours or less before the treatment appointment. client does not show up at all for the appointment. Barring proof to the contrary, the administration of MSCstem (Stemcell therapy center) applies in this respect until full proof has been made that such an appointment was made.
B-Absenteeism for surgical interventions; For all surgical procedures, the full amount will be charged if the appointment is cancelled, cancelled, missed or moved 7 days or less before the scheduled treatment date. Up to 7 days before the planned treatment date, 30% of the agreed amount is due and charged by MSCstem (Stemcell therapy center).
C-Absenteeism at follow-up appointments; Follow-up appointments are mandatory appointments and they are free of charge, refusal or if they are canceled 24 hours or less before the appointment in question, cancelled, moved or if the client does not appear at the scheduled appointment, MSCstem (Stemcell therapy center)can be arranged with the client costs of € 45,- euro ex. VAT, will be charged. Moreover, the MSCstem (Stemcell therapy center) are no longer responsible for long-term complications (refusal of care against advice).
D-In case of default of clients (surgical or non-surgical), who have obtained a right to a treatment agreement through a voucher or coupon or offer as a model or offer as an existing customer action, the right to treatment lapses without any refund of the costs for obtaining the voucher or coupon.
E-Absence for Model Treatment: For all model treatments, the full amount will be charged if the appointment is cancelled, cancelled, absent or moved 48 hours or less before the planned treatment date. 30% of the agreed amount is due 48 hours before the planned treatment date and will be charged by MSCstem (Stemcell therapy center).
NB: Since for model treatment the cost of the treatment is determined during the treatment based on the amount of materials and services used, in case of a failure within 48 hours a fixed amount of 375 euros will be charged and for 48 hours before the planned treatment date is 30% of the stated amount of 375 euros, so 112.5 euros will be charged by MSCstem (Stemcell therapy center).
If the costs had already been determined, then the rules of (Absence for Model Treatment) apply.
10. Unforeseen Circumstances:
Circumstances that prevent the execution of the assignment and that cannot be attributed to MSCstem (Stemcell therapy center). These include: strikes in other companies; wildcat strikes or political strikes in the MSC stem (Stemcell therapy center) business an unforeseeable shortage of personnel; illness of a practitioner, doctor or specialist, departure of a practitioner, doctor or specialist, illness in the medical team, a general lack of the necessary (raw materials and/or other necessary items or services that are necessary for the performance of the assignment; unforeseeable stagnation at suppliers or other third parties on which MSCstem (Stemcell therapy center) depends; general transport problems and/or the cancellation and/or change of flights.
These circumstances are examples of force majeure, insofar as they make it impossible or unreasonably difficult to carry out the assignment. If a circumstance arises after MSCstem (Stemcell therapy center) should have already fulfilled its obligations under the assignment, MSCstem (Stemcell therapy center) still has the right to invoke force majeure. In the period of force majeure, the obligations of MSCstem (Stemcell therapy center) are suspended. If that period lasts longer than three months, both parties have the right to dissolve the agreement, without any obligation to pay compensation in that case. If MSCstem (Stemcell therapy center) has already partially fulfilled its obligations at the time of the force majeure, it has
it has the right to invoice separately for the part that has already been carried out. The same applies if MSCstem (Stemcell therapy center) can only partially fulfill its obligations. The Client is then obliged to pay this invoice as if it concerned a separate assignment. However, this provision does not apply if the already performed or executable part of the assignment has no independent value. Both MSCstem (Stemcell therapy center) and the client reserve the right to change the date and/or time for the treatment at any time due to demonstrable special circumstances (force majeure).
11.Identity and provision of information:
The client will provide the consultant / doctor / 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 the first request of MSCstem (Stemcell therapy center) with a legally recognized proof of identity. If a client cannot show such proof of identity upon request, MSCstem (Stemcell therapy center) is entitled to suspend the treatment agreement.
Termination or suspension of the treatment agreement
Termination or suspension of the treatment agreement is possible if the client behaves improperly or improperly towards MSCstem (Stemcell therapy center) or its employees or the volunteers working there and/or towards fellow clients.
12.Payment of the treatment:
Payment of an intervention must be made in part in advance. The client is obliged to pay this down payment within 7 days of the date. The remaining amount must be received by MSCstem (Stemcell therapy center) on their bank account no later than 1 week before the procedure. When the client is treated on location Almere, it is also possible to pay the remaining amount on the day of the procedure (cash or by debit card). Any contribution from the health insurers in the treatment must be reimbursed by the client. MSCstem (Stemcell therapy center) has the right, both before the start of the treatment and in the meantime, to suspend the execution of the treatment, until the client has made the advance payment due to MSCstem (Stemcell therapy center). Exceptions are non-medical treatments such as; injectables, laser epilation, skin care, tattoo removal
through laser, etc. These treatments are paid immediately after the treatment.
MSCstem (Stemcell therapy center) makes it possible to pay for your treatment in installments without extra interest. During the preliminary discussion, we agree the costs for treatment, the installment amount and the number of installments with you.
Payments in installments are made by bank transfer. For each installment, an administration fee of 5 euros will be charged on top of the installment amount. We do not charge interest.
* Satisfaction with the result of treatments is independent of payment in installments. We will always strive to achieve the result you have in mind, which is why we attach great importance to an extensive discussion beforehand and the necessary aftercare afterwards.
13. Deposit and Suspension Treatment:
Only after the down payment has been received in accordance with the previous paragraph will actual treatment commence. MSCstem (Stemcell therapy center) has the right to suspend the execution of the treatment, both before and during the treatment, until the client has paid the down payment due to MSCstem (Stemcell therapy center). A deposit will not be returned under any circumstances. The client retains the option of treatment.
14. Default of payment:
Due to the fact that MSCstem (Stemcell therapy center) did not receive the full amount of the invoice on the due date of the invoice, the client was in default of payment without any notification.
15. Interest after default of payment:
Without further notice or notice of default, the client owes interest from the due date of the invoice on what MSCstem (Stemcell therapy center) can legally claim from him. This interest is charged monthly on this amount, calculated on the basis of 1/12 of the outstanding amount + 10%. Part of the month is held for a full month.
16. Claim of payments:
Furthermore, all costs to be incurred by MSCstem (Stemcell therapy center) in connection with the collection, both judicial and extrajudicial, will be borne by the client. As long as MSCstem (Stemcell therapy center) is busy with the collection itself, the extrajudicial costs, with a minimum of 30 euros, amount to 15% of the claim. If payment has not been received within 7 days after the last (2nd) reminder, MSCstem (Stemcell therapy center) will automatically submit the claim of this invoice to the collection agency. If MSCstem (Stemcell therapy center) engages third parties for the collection, the client owes the total extrajudicial costs actually incurred by MSCstem (Stemcell therapy center), with a minimum of 15% of the claim and with a minimum of € 175. In the event of judicial intervention, in addition to the extrajudicial costs, the liquidated legal costs will also be borne by the client. Insofar as MSCstem (Stemcell therapy center) is obliged to pay turnover tax on the collection costs, the stated collection costs will be increased accordingly.
17.Price Changes:
MSCstem (Stemcell therapy center) reserves the right to change the rates of the price list without further notice. The new rates apply from the moment of publication. If legal price regulations apply to a treatment, the pricing will be in accordance with the applicable price regulations of the Dutch Healthcare Authority or any other body designated for this purpose by law. However, prices of current treatments remain valid. However, the same applies to quotations only as long as the quotation is valid. If the customer responds after the specified quotation date, the client automatically agrees to the new price.
18. Settlement:
An appeal by the client to settlement is not possible if the counterclaim of the client is contested by MSCstem (Stemcell therapy center) on good grounds.
Liability of MSCstem (Stemcell therapy center)
The liability of MSCstem (Stemcell therapy center), both for direct and for consequential damage and insofar as this is covered by its liability insurance, is limited to the amount of the payment made by the insurer. If the insurer does not pay out in any case, or if the damage is not covered by the insurance, the liability of MSCstem (Stemcell therapy center) is limited to the amount of the invoice. Rights to compensation due to liability expire six months after the final check of the treatment by the doctor / therapist / plastic surgeon has taken place.
19. Liability for damage under insurance:
MSCstem (Stemcell therapy center) also does not accept liability for damage for which there is a claim for compensation under an insurance policy (for example, by taking out travel and/or cancellation insurance or health insurance).
20. Liability in the context of business or professional practice:
MSCstem (Stemcell therapy center) also accepts no liability for damage suffered by the client in the context of the exercise of a profession or business (including damage for missed working days and/or due to not arriving at the work destination on time).
21.Handling complaints:
The client is obliged to comply with all instructions from the consultant / physician / therapist / plastic surgeon / practitioner / specialist to promote proper implementation. Complaints about the invoice must be reported in writing by the client to MSCstem (Stemcell therapy center) within 30 days after the treatment. Complaints about the result of the treatment must be submitted in writing to MSCstem (Stemcell therapy center) no later than 2 months after the end result has been achieved. After this time, complaints will no longer be processed. A complaint, as described above, does not suspend the payment obligation of the client. If a complaint is well-founded and recovery is possible, MSCstem (Stemcell therapy center) will still perform the work, as agreed.
22. Treatment agreement:
When the client verbally or in writing agrees to an operation or intervention, this communication is a binding agreement to undergo the treatment and the cancellation conditions come into effect (point 9). When the paper treatment agreement is signed and returned, it is binding for both parties. The client enters into a treatment agreement with MSCstem (Stemcell therapy center), the medical specialist is not a contracting party. MSCstem (Stemcell therapy center) reserves the right to have the planned treatment, intervention or operation performed by another authorized specialist.
23. Digital direct debit authorization:
At MSCstem (Stemcell therapy center) it is possible to pay the costs of your treatment by means of a digital direct debit authorization in installments. This digital direct debit mandate has the same purport as the paper mandate you receive from us when signing the contract. However, the way in which you issue the authorization is different.
You can pay for products and services online with a digital authorisation, but you can also take out a loan. In this way you can now pay for your subscription or membership via an online direct debit.
A digital direct debit authorization at MSCstem (Stemcell therapy center) is one-off or continuous.
For a one-off or recurring direct debit, you give an authorization to MSCstem (Stemcell therapy center) once. In this way, the monthly installments will be automatically deducted from your account from now on. Even if you live abroad (SEPA countries only), a standing order can be made.
An installment arrangement by means of a digital direct debit authorization is possible once at MSCstem (Stemcell therapy center). If there is a refusal, reversal, change, termination, blocking or insufficient balance at the time of the direct debit authorization that you issued to MSCstem (Stemcell therapy center), the agreed installment arrangement will lapse. You will then receive a new invoice with the total remaining amount plus administration costs and VAT, which must be paid in full within 2 weeks of receipt. If payment is not made on time, a collection procedure will follow.
24. Disputes are governed by Dutch law:
Dutch law applies to all agreements between the client and MSCstem (Stemcell therapy center). All disputes related to the agreement between the client and MSCstem (Stemcell therapy center), to which these general terms and conditions apply, will be settled by the competent court in the district where MSCstem (Stemcell therapy center has its office.