General terms and conditions Omorphy Hair Clinic
These Terms and Conditions are written in Omorphy style.
Omorphy means clarity, transparency, no small letters and understanding for the customer. Not every detail will be described, but it is about trust of the customer in Omorphy and vice versa. The customer can expect Omorfy to comply with the agreements made and we expect the customer to do the same.
In addition to these general terms and conditions, specific agreements are made with the customer about the treatment.
These general terms and conditions apply to the conclusion and implementation of the treatment agreement concluded between the Client and the Omorphy.
For the execution of the service, Omorfy can involve third parties, which it can select and contract, if this is required for the proper execution of the agreement. No prior consent from the client is required for this.
The General Terms and Conditions also apply to all agreements with the Client, for the execution of which Omorfy must involve third parties.
These General Terms and Conditions apply to every quotation and agreement between Omorfy and the Client. This can only be deviated from after written agreement. Omorfy is responsible for recording the deviations and informs the Client patient of this.
If there is uncertainty about the interpretation of one or more provisions of these General Terms and Conditions, the explanation must be in accordance with the spirit of these provisions.
Omorfy takes measures that are reasonably possible to prevent damage to or loss of the patient’s property.
The patient himself must take the necessary care to prevent damage to or loss of his property.
Omorfy accepts no liability for damage to or loss of property of clients or patients. This also applies to abandoned property.
During the intake, the Client is obliged to provide the name and contact details of a contact person in addition to his own name, address, social security number and contact details. If the Client wishes early removal of the data, this can be recorded.
The treatment agreement is concluded when the Client instructs Omorfy to perform cosmetic treatments and/or medical procedures.
The Client must be 18 years of age to enter into the treatment agreement.
The Client has realized that cosmetic treatments lead to improvements but never to perfection. The Client has clearly made his expectations known and has included the answers of the Care Provider in the consideration before entering into this Treatment Agreement.
The Client has realized that infections and complications can occur during and after the Treatment. Before entering into the Treatment Agreement, the Client has weighed up whether these risks sufficiently outweigh the purpose of the Treatment.
During the informative phase, the Caregiver clearly indicated what the Client can expect from the intended Treatment. The Client realizes that the Care Provider cannot guarantee a result and must only make maximum efforts.
The Client has the right to address the Healthcare Provider regarding expectations and complications. If the Caregiver has failed to do so, the Caregiver must clearly inform the Client of this
The Client is liable for the obligations arising from the treatment agreement entered into by him.
Before concluding the treatment agreement, the client is informed verbally and, if desired, in writing by the care provider about:
– the intake procedure;
– the (intended) results and (possible) consequences of the treatment;
– alternatives to treatment;
– the price of the treatment, and time(s) and method of payment;
– the time(s) and place of treatment;
– the reflection period, in order to be able to reach a well-considered decision;
– the actions to be taken after concluding the treatment agreement;
– the information/instructions for the Patient to be followed prior to treatment;
– the instructions for guidance, reception, transport and accessibility;
– the instructions for the Patient for after the treatment, including the symptoms the Patient should contact and details of who the Patient should contact;
– the accessibility of the organization if complications arise outside working hours;
– these general terms and conditions, which are made available to the Client directly during the intake procedure or in any case before the start of the first treatment via the website:
– by commencing the treatment, the Patient declares to have read these general terms and conditions and to agree with all that is stipulated therein.
4.1 Comprehensive and honest information
The Care Provider will inform the Client in detail about inconveniences and how to deal with them. The Client will provide the Healthcare Provider with all relevant information, so that the Healthcare Provider gets a clear picture of the Client’s wishes and expectations. The Care Provider will clearly explain the Treatment to the Client and point out the limitations, the risks, the client’s duty of care and the progress of the recovery.
4.2 Costs and payment of the treatment
On the basis of the treatment agreement, the Client receives a quote from Omorfy, which includes the treatment price and possible options. If the treatment is not based on medical necessity, VAT will have to be paid.
The treatment date is determined with the Client, after which a deposit of up to 50% is requested. This must be paid within 5 days of making the appointment. If we do not receive this in time, there is a possibility that your treatment date will be cancelled.
You can pay the remaining amount on the day of your treatment at the latest.
If the Client cannot pay the agreed amounts on time for any reason, the Client will immediately inform Omorfy. In the event of late payment, the Client is in default and all payment obligations become immediately due and payable. Omorfy will at all times want to come to a reasonable solution.
In the event of late payment, the Client is liable for compensation towards the Omorphy. In the event of late payment, the Client will owe statutory interest on the outstanding amount from the date of default in accordance with Section 6:119a of the Dutch Civil Code. In addition, extrajudicial collection costs will be charged to the Client in accordance with the collection rate of the Royal Professional Association of Bailiffs, without prejudice to Omorfy’s right to full compensation.
4.3 Treatment date
Moving the treatment date is only possible in cases of force majeure. Force majeure only applies if there are serious circumstances in which the Client cannot reasonably be expected to undergo the Treatment. If there is no force majeure, the deposit will be forfeited and will not be refunded to the Client. When agreeing a new treatment date, the Client must make a new deposit.
The Client can find extensive information on the desired or agreed treatment on the Omorfy website. The website has been compiled with the utmost care, but no rights can be derived from it.
4.5 Quality of the Caregiver
Omorfy guarantees that the Client is treated by an experienced Caregiver under the supervision of a BIG registered doctor. The Caregiver will only perform Treatments in which he is authorized, trained and experienced.
4.6 Accessibility of the Healthcare Provider
The Caregiver is available to the Client during the entire treatment process.
The Caregiver establishes the indication or has appointed an assistant for this purpose who performs this under the supervision of the Caregiver. The Caregiver is ultimately responsible for drawing up the treatment plan.
4.8 Pre-treatment examination
In order to be admitted for treatment, an investigation into the medical history of the Client is required, for which an anamnesis form must be completed. The client is expected to fill this in truthfully. On the basis of the information made available, the Caregiver will investigate whether there is an increased risk and will advise the Client about this.
4.9 Equipment and Equipment
Omorphy guarantees that all equipment used is suitable. This means that the instruments are clean, sterile and that the equipment is safe in accordance with the guidelines that exist for this. In its work, the Caregiver uses equipment and other medical aids that are registered and whose origin can be traced.
The Client will receive detailed written instructions for the period after the Treatment and (oral) personal instructions from the Care Provider. This information is also available on the website.
The Client can continue to rely on aftercare from the Care Provider after the treatment, if the Client feels uncomfortable or has any questions.
Omorphy can be reached directly on working days from 09.00 to 17.00 on 030 3031260.
Outside office hours, the Client can also call in emergency help directly from the Caregiver via this number.
Omorphy sets up an e-file of the Client. This file is kept for 15 years. During the intake, the Client can have a statement drawn up which is kept in the file that the information will be deleted after 3 months, unless the information must be kept for the patient or for legal reasons.
The information that is stored:
At the request of the Client, the Care Provider may provide the Client with access to the file. No information is provided to third parties.
5 Dissatisfaction, Liability and Dispute Resolution
Omorfy is liable for compensation for the damage that the Client suffers as a result of a failure on the part of Omorfy in the fulfillment of its obligations under the Treatment Agreement. Omorfy has entered into a best efforts obligation with the Client, whereby Omorphy and the Caregiver do their utmost for the best result.
5.2 Complaints procedure
Omorfy, the Caregiver and her other employees do their utmost to provide the Client with the best possible care and to help with the procedure and the period afterwards. If a Client is not satisfied with the treatment, the information or the information provided by the Care Provider, the Client can make use of the Omorfy Complaints Procedure.
In addition to personal contact with the Caregiver, the Client can submit the complaint via email firstname.lastname@example.org
The complaints procedure can be consulted online at www.omorfy.com/klacht.
Complaints about the performance of the treatment agreement must be submitted to the healthcare provider in a timely, complete and clearly defined manner after the client and/or patient have discovered the defects.
Complaints submitted will be handled within 6 weeks at the latest from the date of receipt. If a complaint requires a foreseeable longer processing time, the clinic will reply immediately with a notice of receipt and an indication of the term within which a more detailed answer can be expected, with a maximum extension of four weeks.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
Omorfy has registered with the Disputes Committee, https://www.degeschillencommissie.nl, which acts as a recognized independent disputes committee for both the clinic and the patient.
The patient and the healthcare provider can submit a dispute to the Disputes Committee as referred to in the healthcare provider’s complaints and disputes procedure and which complies with the legal requirements.
The healthcare provider can only decide to do so with the patient’s consent.
The Disputes Committee handles complaints and claims and can award compensation of up to € 2,500. or allow the clinic to repair the damage to the patient within a reasonable period of time with which the patient must cooperate.
When the client or patient submits a dispute to the Disputes Committee, the clinic is bound by this choice. If the clinic wants to submit a dispute to the Disputes Committee, it must ask the client to state whether he agrees within five weeks.
Omorfy cannot terminate the treatment agreement except for serious reasons. If the Omorphy cancels the treatment agreement for serious reasons, but the treatment cannot be postponed, the care provider must provide an adequate replacement.
The Healthcare Institution will not provide any data to third parties without the Client’s consent. All employees of the Healthcare Institution have signed a confidentiality statement with a penalty clause.
6.2 Privacy (regulations)
Omorfy applies privacy regulations, which are made available to the Client on request.
Dutch law applies to these general terms and conditions. All disputes related to these general terms and conditions, or arising therefrom, will be handled by the competent court in Utrecht.