This is an English translation provided for your convenience. The Dutch version of these terms and conditions is legally binding.
Article 1 – Definitions
1.1 Zclinics: the care provider that offers medical-aesthetic and/or aesthetic treatments under the name Zclinics.
1.2 Client: the natural person to whom a consultation, treatment, check-up, aftercare or follow-up treatment directly relates, or who makes an appointment for this with Zclinics.
1.3 Treatment agreement: the agreement between Zclinics and the Client regarding one or more consultations, treatments, check-ups, aftercare or follow-up treatments.
1.4 Treatment: any aesthetic or medical-aesthetic procedure, consultation, check-up, aftercare or follow-up treatment offered by or on behalf of Zclinics.
1.5 Care provider: the physician, practitioner or other healthcare provider affiliated with Zclinics who is actually involved in performing the treatment.
1.6 Terms: these general terms and conditions of Zclinics.
Article 2 – Applicability
2.1 These Terms apply to all offers, appointments, consultations, quotations, treatments, check-ups, aftercare, follow-up treatments and other legal relationships between Zclinics and the Client.
2.2 By making an appointment or entering into a Treatment agreement, the Client accepts the applicability of these Terms.
2.3 Deviations from these Terms are only valid if expressly agreed in writing between Zclinics and the Client.
2.4 If any provision of these Terms is void, annulled or otherwise unenforceable, the remaining provisions remain fully in force. In that case, Zclinics and the Client will, in consultation, apply a replacement provision that corresponds as closely as possible to the purpose and intent of the original provision.
Article 3 – Formation of the Treatment agreement
3.1 The Treatment agreement is concluded as soon as an appointment or treatment has been confirmed by Zclinics, or as soon as Zclinics has begun performing a consultation, treatment, check-up, aftercare or follow-up treatment.
3.2 Zclinics performs a treatment only after the Client, insofar as reasonably relevant to the treatment concerned, has been sufficiently informed about the nature, purpose, expected consequences, risks, possible complications, alternatives, aftercare, costs and limitations of the treatment, and the Client has given consent for it.
3.3 Zclinics is entitled to refuse, suspend, adjust or terminate a treatment in the event of medical contraindications, insufficient cooperation from the Client, incorrect or incomplete provision of information, unrealistic or unacceptable expectations, doubt about the Client’s mental capacity or consent, conflict with professional standards or other compelling reasons.
3.4 Zclinics is not obliged to perform a treatment if the Care provider is of the opinion that the treatment is not medically, professionally, ethically or aesthetically justified.
3.5 If Zclinics decides not to perform a treatment or to terminate it prematurely on the grounds referred to in this article, Zclinics will inform the Client as clearly as possible. Payments already received for parts of the treatment not yet performed will in that case be settled or refunded, except for reasonable costs already incurred that were communicated to the Client in advance or arise from the nature of the treatment.
Article 4 – Information provided by the Client and cooperation
4.1 Prior to each treatment, the Client provides, to the best of their knowledge, all information that may be relevant to the proper and safe performance of the Treatment agreement. This includes, among other things, data on health status, allergies, use of medication, pregnancy, previous treatments, medical history and any contraindications.
4.2 The Client warrants the accuracy, completeness and timeliness of the information provided. Zclinics may in principle rely on its accuracy, unless Zclinics reasonably has grounds to doubt it.
4.3 If the Client does not provide relevant information, or provides it late, incorrectly or incompletely, this may affect the safety, feasibility and result of the treatment. The resulting adverse consequences are for the Client’s account, insofar as legally permissible and insofar as those consequences cannot be attributed to Zclinics.
4.4 The Client is obliged to carefully follow Zclinics’ instructions regarding preparation, treatment, aftercare, check-ups, lifestyle rules and medication.
4.5 The Client reports complications, abnormalities, side effects or other unusual complaints to Zclinics as soon as possible and gives Zclinics the opportunity to respond adequately.
Article 5 – Information, consent and expectations
5.1 Zclinics informs the Client in good time and clearly about the nature and purpose of the treatment, the expected consequences and risks, possible complications, the alternatives insofar as relevant, and the aftercare.
5.2 Treatments by Zclinics constitute a best-efforts obligation and not an obligation to achieve a result. Zclinics and the Care provider make every effort to perform the treatment carefully and professionally, but do not guarantee any specific aesthetic, cosmetic, medical or lasting result.
5.3 Treatment results may also depend on personal factors, physical response, the biological healing process and the extent to which the Client follows instructions.
5.4 Information provided by Zclinics, including photos, simulations, examples and indications, is for informational purposes only and cannot be construed as a guarantee of a particular result.
5.5 The Client may withdraw consent given before the treatment. Withdrawal of consent does not affect reasonable costs already incurred and cancellation costs due under these Terms, insofar as those costs have been made sufficiently known in advance.
Article 6 – Performance of the treatment
6.1 Zclinics performs treatments with the care of a good care provider.
6.2 Within the limits of professional responsibility, Zclinics determines the manner in which and by which Care provider the treatment is performed.
6.3 Zclinics is entitled to engage third parties or substitute Care providers in the performance if this is reasonably necessary.
6.4 For reasons of planning, quality, safety or medical necessity, Zclinics may split, reschedule or adjust a treatment.
Article 7 – Prices
7.1 Zclinics informs the Client prior to the treatment about the rates charged for the treatment.
7.2 The first orienting consultation is free of charge. A Treatment performed during or after the first consultation, as well as additional consultations, check-ups or follow-up appointments, may be charged in accordance with the rates made known in advance.
7.3 If a written or digital price quotation or offer has been provided for a treatment, it applies only to the treatment described therein, the scope included therein and the validity period stated therein.
7.4 Obvious errors or obvious mistakes in price quotations, offers or on Zclinics’ website do not bind Zclinics.
7.5 No rights can be derived from price quotations if circumstances subsequently arise that mean the treatment must be adjusted, expanded, split or postponed on medical grounds.
Article 8 – Appointments, cancellation and no-show
8.1 An appointment can be cancelled or rescheduled free of charge up to no later than 48 hours before the scheduled time.
8.2 In the event of cancellation or rescheduling within 48 hours before the appointment, the Client owes a reasonable cancellation fee of 50% of the consultation or treatment rate reserved for the appointment, with a minimum of EUR 50, unless Zclinics has expressly communicated a different arrangement for the appointment concerned. In the event of cancellation or rescheduling within 24 hours before the appointment, or failure to attend without timely notice, the Client owes a reasonable fee of up to the consultation or treatment rate reserved for the appointment, with a minimum of EUR 75.
8.3 If special materials have been ordered or reserved for the treatment that can no longer be cancelled free of charge, the associated reasonable costs are additionally for the Client’s account, provided the Client was informed of this in advance.
8.4 Zclinics may waive charging cancellation or no-show costs in whole or in part.
8.5 Late arrival of the Client may result in the treatment being shortened or not proceeding, without this affecting Zclinics’ right to compensation for the reserved time, insofar as this is reasonable in the given circumstances.
8.6 If the Client fails to keep an appointment or does not cancel in time due to circumstances that in Zclinics’ opinion are demonstrable and exceptional, Zclinics may decide to reduce the cancellation or no-show costs in whole or in part.
Article 9 – Payment
9.1 The Client pays the price due for the Treatment at the clinic, prior to the performance of the Treatment, unless Zclinics expressly determines otherwise.
9.2 Zclinics is not obliged to perform the Treatment as long as the price due for it has not been paid in full. This does not affect Zclinics’ obligation to provide medically necessary care or aftercare that reasonably cannot be postponed.
9.3 If, after assessment by the Care provider, it appears that a Treatment other than the one initially selected or discussed by the Client is performed, the Client owes the price of the Treatment actually performed. Zclinics informs the Client of this before the Treatment is performed.
9.4 Objections to an invoice or payment do not suspend the payment obligation, unless mandatory law provides otherwise.
9.5 If payment is not made on time, the Client owes, after a free reminder with a payment term of fourteen days, the statutory interest and the extrajudicial collection costs in accordance with the law.
9.6 Payments made by the Client are first applied to costs due, then to accrued interest and then to the principal sum.
9.7 Zclinics is entitled to suspend follow-up appointments as long as due invoices remain unpaid, insofar as this is medically justified and does not compromise necessary care or essential aftercare already promised.
Article 10 – Complaints and dispute resolution within the care relationship
10.1 Zclinics has a complaints procedure that complies with the Wkkgz (Dutch Care Quality, Complaints and Disputes Act). Zclinics strives to resolve complaints carefully and in good consultation with the Client.
10.2 A complaint can be submitted in accordance with the complaints procedure applicable at Zclinics, as published on Zclinics’ website or provided to the Client on request.
10.3 The Client reports a complaint within a reasonable time after he or she discovered, or should reasonably have discovered, the problem, defect or damage. This provision does not limit any mandatory rights of the Client.
10.4 Submitting a complaint does not automatically release the Client from payment obligations, but Zclinics will handle a complaint seriously and promptly.
10.5 Medical complications, abnormalities or urgent complaints must be reported by the Client to Zclinics as soon as possible, so that appropriate assessment or aftercare can take place.
Article 11 – File, confidentiality and privacy
11.1 Zclinics keeps a medical file of the Client and retains it for the statutory retention period. As a rule, the medical file is retained for at least twenty years, calculated from the last change to the file, unless a longer or shorter retention period follows from the law or is necessary for good care.
11.2 Zclinics does not provide third parties with any information about the Client and does not grant access to or a copy of the file, unless the Client has given consent for this or a statutory exception applies.
11.3 The Client is entitled to inspect and obtain a copy of the file in accordance with the applicable statutory rules.
11.4 Zclinics provides information about the processing of personal data in its privacy statement.
11.5 Zclinics processes personal data, including health data, in accordance with the applicable privacy legislation and the Dutch laws and regulations based on it.
Article 12 – Aftercare, check-ups and service
12.1 The Client strictly follows aftercare and check-up instructions and reports complications, abnormalities or unusual complaints to Zclinics immediately.
12.2 A free service treatment is a non-obligatory goodwill arrangement and does not imply any acknowledgement of liability or guarantee of result.
Article 13 – Force majeure and changes to scheduling
13.1 If Zclinics is unable to keep an appointment due to force majeure, including illness of the Care provider, malfunctions, supply problems, failure of facilities, scheduling or other circumstances beyond its reasonable control, Zclinics is entitled to reschedule or cancel the appointment.
13.2 In that case, the Client is not entitled to substitute compensation, unless mandatory law provides otherwise.
13.3 Payments already received for parts of the treatment not performed will be settled or refunded, unless the Client agrees to a replacement appointment.
Article 14 – Photos, image material and communication
14.1 Photos or other images taken before, during or after the treatment are used exclusively for file-keeping, quality monitoring and treatment comparison, unless the Client expressly and separately gives consent for other use.
14.2 Use of image material for education, publication, marketing, social media or other external communication takes place only after the Client has given prior consent for it.
14.3 The Client may withdraw consent given for future use of image material insofar as the use concerned has not yet taken place or can reasonably still be stopped.
Article 15 – Liability
15.1 Zclinics and the Care providers involved will, in performing the Treatment agreement, exercise the care that may be expected of a good care provider.
15.2 Liability of Zclinics arising from mandatory law or from the care obligations incumbent on Zclinics is not excluded by these Terms.
15.3 Zclinics is not liable for damage insofar as this damage is the result of:
a. incorrect or incomplete information provided by the Client, insofar as Zclinics was reasonably entitled to rely on it;
b. failure to follow instructions on preparation, treatment, aftercare, check-ups, medication or lifestyle rules;
c. risks, complications or side effects that could not reasonably be prevented despite careful action;
d. an express choice by the Client made contrary to or against medical or professional advice; or
e. shortcomings of third parties independently engaged by the Client.
15.4 Insofar as Zclinics’ liability can legally be limited, it is limited to the amount paid out in the relevant case under Zclinics’ professional or business liability insurance, increased by the applicable deductible.
15.5 If, for whatever reason, no payment is made under the insurance referred to in the previous paragraph, liability is limited only insofar as such a limitation is legally permissible.
15.6 Insofar as the law permits, Zclinics is not liable for indirect or consequential damage, unless there is intent or deliberate recklessness on the part of Zclinics.
15.7 Nothing in these Terms is intended to exclude or limit liability in a manner that conflicts with mandatory law.
15.8 The Client remains responsible for taking out appropriate (health or supplementary) insurance, insofar as relevant for reimbursement of the costs of a Treatment.
Article 16 – Applicable law and disputes
16.1 Dutch law applies to the legal relationship between Zclinics and the Client.
16.2 Disputes are submitted to the court that has jurisdiction under the ordinary statutory rules of jurisdiction.
16.3 This article does not limit the Client’s right to submit a dispute to the competent Wkkgz disputes body.
Article 17 – Amendment of the Terms
17.1 Zclinics is entitled to amend these Terms.
17.2 Amendments apply only to new Treatment agreements and future appointments, unless the amendment is purely of an administrative nature or arises from laws or regulations.
17.3 The version of the Terms made available to the Client at the time of concluding the Treatment agreement remains applicable to the existing agreement, unless mandatory law provides otherwise.