Introduction
These general terms and conditions apply to all agreements entered into with Xavier Clinics BV in the broadest sense of the word.
Clinic: Xavier Clinics BV registered with the Chamber of Commerce number 82286388/ Establishment number 000034449353 is statutorily established in Amsterdam and applies the following General Terms and Conditions for its services:
1. Definitions
Treatment agreement: all agreements concluded by Xavier Clinics BV with a patient regarding a treatment.
Patient: the counterparty of Xavier Clinics BV when entering into the treatment agreement.
Treatment: all medical and cosmetic treatments performed by Xavier Clinics BV.
2. Exceptions to general terms and conditions
Any deviation from these terms and conditions will only be valid if Xavier Clinics BV has expressly agreed to it in writing. The patient expressly waives the applicability of his or her terms and conditions.
3. Results of medical treatment
All treatments performed by physicians are considered medical/healthcare treatments. The treatment agreement (and therefore the treatments) results in an obligation of best efforts, not an obligation of results. Physicians working at Xavier Clinics BV are BIG-registered. Hereinafter referred to as "practitioners.".
4. Cosmetic treatment results
The practitioners have an obligation to perform the treatments to the best of their knowledge and ability and have no obligation to achieve results.
We can never guarantee the results or a smooth process. Complications can always occur, such as infection, bruising, tissue necrosis, and numb skin. Absolute symmetry cannot be guaranteed with bilateral procedures. Sometimes a correction or touch-up is necessary to achieve a good final result. Depending on the type of treatment, this should take place within 14 to 28 days of the treatment date. However, this is not mandatory. In the event of force majeure (including, but not limited to: mandatory closure, pandemic, or prolonged illness of the practitioner), the correction or touch-up will not be performed. This additional correction may incur additional costs for you as a patient.
5. Execution of treatment agreement
Xavier Clinics BV will perform the treatment agreement to the best of its knowledge and ability, and in accordance with the applicable guidelines of the IGJ & NVCG. Xavier Clinics BV has the right to have certain work performed by third parties, if and to the extent that proper performance of the agreement so requires. Xavier Clinics BV is not required to obtain the patient's consent for this.
6. Confidentiality
Xavier Clinics BV is obliged to maintain confidentiality towards third parties who are not involved in the execution of the assignment. This confidentiality obligation concerns all information of a confidential nature that has been made available to Xavier Clinics BV by the patient. The obligation of confidentiality does not apply if the law requires disclosure of certain data. Xavier Clinics BV is entitled to use the information obtained for statistical purposes. Xavier Clinics BV will ensure that the information cannot be traced back to the individual patient.
7. Information for presentation purposes
Only when written consent has been obtained from the patient, Xavier Clinics BV will (publicly) use the information obtained before, during and/or after treatment.
8. Liability for personal property
Xavier Clinics BV is not liable for damage to or loss of patient property. Patients are responsible for taking the necessary care to prevent damage to or loss of their property.
9. Cancellation, cancellation of appointment, no-show or absence
In this paragraph, absence means: cancelling, failing to appear or neglect.
For certain treatments, a deposit of €25-€500 is charged. If the patient fails to show up for the appointment, this payment will not be credited. Also, if the appointment is cancelled less than 48 hours in advance, Xavier Clinics BV reserves the right to charge for the appointment.
Unless proven otherwise, the administration of Xavier Clinics BV shall constitute full proof that such an appointment was made. In the event of default by patients who have obtained the right to a treatment agreement through a voucher or coupon, the right to treatment shall lapse without any refund of the costs for obtaining the voucher or coupon.
10. Unforeseen circumstances
Unforeseen circumstances are circumstances that prevent the execution of the assignment and that cannot be attributed to Xavier Clinics BV.
This includes, but is not limited to: strikes in other companies; wildcat strikes or political strikes within the company of Xavier Clinics BV; an unforeseeable shortage of staff; illness of a practitioner, healthcare provider; departure of a practitioner, healthcare provider; illness in the medical team; a general shortage of the necessary (raw) materials and/or other necessary items or services that are needed to carry out the assignment; unforeseeable stagnation at suppliers or other third parties on which Xavier Clinics BV is dependent; general transport problems and/or the cancellation and/or change of flights.
These circumstances are considered examples of force majeure, insofar as they make the execution of the assignment impossible or unreasonably difficult. If a circumstance occurs after Xavier Clinics BV should already have fulfilled its obligations under the assignment, Xavier Clinics BV still has the right to invoke force majeure. During the period of force majeure, the obligations of Xavier Clinics BV are suspended. If this period lasts longer than three months, both parties have the right to terminate the agreement, without any obligation to pay damages in that case. If Xavier Clinics BV has already partially fulfilled its obligations at the time the force majeure occurs, it has the right to invoice the part already performed separately. The same applies if Xavier Clinics BV can only partially fulfill its obligations. The patient 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 Xavier Clinics BV and the patient reserve the right to change the date and/or time of the treatment at any time due to demonstrable special circumstances (force majeure).
11. Identity and provision of information
The patient shall provide the practitioner, also in response to his or her questions, to the best of his or her knowledge and belief, with the information and cooperation that the practitioner reasonably requires for the execution of the treatment agreement. This also includes showing proof of identity and completing the medical questionnaire. Every patient must always be able to identify themselves with legally recognized identification at the first request of Xavier Clinics BV. If a patient is unable to show such identification when requested, Xavier Clinics BV is entitled to suspend the treatment agreement.
12. Termination or suspension of the treatment agreement
Termination, cancellation and/or suspension of the treatment agreement is possible if the patient behaves inappropriately or dishonestly towards Xavier Clinics BV, or its employees, or the volunteers and/or fellow patients working there.
13. Payment for the treatment
Payment for a procedure must be made immediately after the procedure, only for certain procedures, such as sculptra, lanluma, liquid facelift or skin therapy, a deposit is required in advance. The patient is obliged to pay this deposit up to 1 day before the treatment. The remaining amount must be paid by debit card or cash on the day of the procedure. Any contribution to the treatment from the health insurers must be reclaimed by the patient. Xavier Clinics BV has the right to suspend the execution of the treatment, both before the start of the treatment and in the meantime, until the patient has made the due advance payment to Xavier Clinics BV.
14. Deposit for (surgical) treatments and suspension of treatment
Only after the deposit for a specific treatment has been received in accordance with the previous paragraph will actual treatment commence. Xavier Clinics BV has the right to suspend the treatment, both before and during the treatment, until the patient has paid the deposit due to Xavier Clinics BV. A deposit will not be refunded under any circumstances. The patient retains the option to receive treatment.
15. Failure to pay
Due to the fact that Xavier Clinics BV did not receive the full amount of the deposit on the due date of the invoice, the patient was in default of payment without any notice.
16. Claim for payments
Furthermore, all costs incurred by Xavier Clinics BV in connection with the collection, both judicial and extrajudicial, shall be borne by the patient. As long as Xavier Clinics BV itself is busy with the collection, the extrajudicial costs amount to 15 percent of the claim, with a minimum of 30 euros. If payment is not received within 7 days of the last (2nd) reminder, Xavier Clinics BV will automatically submit the claim for this invoice to the collection agency. If Xavier Clinics BV engages third parties for the collection, the patient is liable for the total extrajudicial costs actually incurred by Xavier Clinics BV. In the event of legal intervention, in addition to the extrajudicial costs, the liquidated legal costs shall be borne by the patient. To the extent that Xavier Clinics BV is obliged to pay VAT on the collection costs, the said collection costs will be increased accordingly.
17. Price changes
Xavier Clinics BV reserves the right to change the rates on the price list without further notice. The new rates apply from the moment of publication. This applies if statutory pricing regulations apply to a treatment. However, the prices of ongoing treatments remain valid. The same applies to quotes, but only for as long as the quote remains valid. If you respond after the quote date, you automatically agree to the new price.
18. Settlement
An appeal by the patient for offsetting is not possible if the patient's counterclaim is contested on good grounds by Xavier Clinics BV.
19. Liability of Xavier Clinics BV
The liability of Xavier Clinics BV, for both direct and consequential damage, and to the extent that this is covered by its liability insurance, is limited to the amount paid out by the insurer. If the insurer does not make a payment in any case, or the damage is not covered by the insurance, the liability of Xavier Clinics BV 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 practitioner has taken place.
20. Liability for damage under an insurance policy
Xavier Clinics BV also accepts no liability for damage for which a claim for compensation exists under an insurance policy (for example by taking out travel and/or cancellation costs insurance or health insurance).
21. Liability in the context of business or professional practice
Xavier Clinics BV also accepts no liability for damage suffered by the patient 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).
22. Handling complaints
Xavier Clinics BV is affiliated with the recognized complaints and disputes committee DOKH. This means the clinic complies with the WKKGZ guidelines.
The patient is obligated to comply with all instructions from the practitioner to ensure proper treatment. Complaints must be submitted to Xavier Clinics BV in writing or by email. If there are any complaints, the patient can consult the complaints procedure on the Xavier Clinics BV website.
23. Treatment agreement
Once the treatment agreement has been signed, it is binding for both parties. The patient enters into a treatment agreement with Xavier Clinics BV – the practitioner is not a contracting party. Xavier Clinics BV reserves the right to have the planned treatment, procedure, or operation performed by another qualified and competent practitioner.
24. Disputes are governed by Dutch law.
Dutch law applies to all agreements between the patient and Xavier Clinics BV. All disputes relating to the agreement between the patient and Xavier Clinics BV, to which these general terms and conditions apply, will be settled by the competent court in the district where Xavier Clinics BV has its office.
25. Online gift cards
Gift cards purchased online at https://clinic.gift/xavier-clinics are valid for two years after purchase. Gift cards cannot be returned. Lost gift cards are the responsibility of the purchaser and cannot be refunded by Xavier Clinics BV.
General Terms and Conditions of Xavier Clinics version dated 1 December 2022.
