General Terms and Conditions (Version 2020)

1. Scope of application and validity

a)These General Terms and Conditions (hereinafter “GTCs”) regulate the treatment relationship between prevention-center AG and the Customer. These GTCs are an integral part of the contractual relationship between prevention-center AG and the Customer. The current version of the GTCs as amended is available online at www.prevention-center.com/en/agb.

b) Amendments or subsidiary agreements shall only be valid with the written approval of prevention-center AG.

c) These GTCs shall apply indefinitely, i.e. including for any subsequent orders/follow-up treatments, insofar as no written amendments are agreed between the Parties.

d) Should any provision of these GTCs prove to be or become ineffective, this shall not affect the legal effect of the remaining provisions.

2. Contract formation

The Customer may place an order following an initial consultation during which they receive comprehensive information regarding the planned treatment or procedure. This always involves a detailed explanation of any and all potential risks and side effects of the planned treatment or procedure as well as the data protection regulations. To this end, the Customer must sign a copy of the present contractual terms as well as a consent form and the form titled “Personal data / data privacy statement”.

3. Liability

a) prevention-center AG is only liable for direct damages brought about by intent or gross negligence on the part of prevention-center AG. Any further liability on the part of prevention-center AG or its representatives and any liability for indirect damages or secondary damages – irrespective of the legal basis – is hereby completely excluded, except in the case of compelling legal provisions.

b) All treatments and operations at prevention-center AG are performed to the best of our knowledge and in good faith, on the basis of the latest scientific findings and in accordance with the latest medical standards. Although we perform the agreed services with due care and attention, we are unable to issue any guarantees, especially in relation to aesthetic results. Any instructions issued by your attending doctor regarding pre-treatment and post-treatment care must be strictly followed and implemented. This includes attending regular follow-up appointments. Failure to comply will void any and all entitlement to corrections or follow-up treatments; prevention-center AG reserves the right to refuse treatment to recalcitrant customers.

4. Data protection

prevention-center AG is aware that its customers appreciate information about how their personal data is handled. prevention-center AG is fully committed to protecting its customers’ personal data. prevention-center AG exclusively collects, processes (and in particular stores) and uses personal data in strict compliance with Swiss data protection legislation. We have issued a separate data privacy statement, which provides comprehensive information on this topic.

5. Release from medical and professional secrecy

prevention-center AG is reliant on processing its customers’ health information for the purpose of administering treatments. Such information may be subject to professional secrecy (Art. 321 of the Swiss Criminal Code [StGB]). If and where the doctors and employees of prevention-center AG are subject to professional secrecy, the Customer expressly releases them from such obligations in respect of all information and documents that the Customer provides to prevention-center AG.

6. Prices and payment terms

a) At prevention-center AG, providing comprehensive, transparent and accessible information to our customers is very important to us. Before performing a treatment or a medical procedure, prevention-center AG will therefore arrange a personal consultation with the Customer in order to discuss and clarify all elements of the planned treatment as well as any potential risks or side effects and the probable cost. Prices are determined by the time required and the type of procedure or agreed treatment, taking into account any individual circumstances or wishes. The prices published on our website serve as a guide only and are not binding. It is important to clarify that the costs of treatment will not be covered by health insurance providers and must be paid by the Customer. Following the initial consultation, prevention-center AG charges each Customer a flat-rate fee of CHF 200.00, which must be paid in person. This fee includes the cost of the initial consultation as well as responses to any queries raised by the Customer and a brief review of any existing patient records. If, following the initial consultation, the Customer engages prevention-center AG to perform the treatment or procedure, this flat-rate fee (CHF 200.00) will be deducted from the Customer’s final bill.

b) If the Customer is unable to attend an appointment for the initial consultation or any follow-up consultations for any reason, they must notify prevention-center AG at least 24 hours in advance so that the appointment can be given to another customer. This notification must be sent in writing (via email or WhatsApp). Given that a wide range of communication methods are now accessible to all, no exceptions will be made. In the event that the Customer fails to attend a consultation appointment either without a valid explanation or without giving advance notice, meaning that the appointment cannot be given to another customer, prevention-center AG shall charge the flat-rate fee (cf. Point 6 Letter a) of CHF 200.00 in order to cover expenses.

c) Treatment appointments are subject to the same regulations as set down in Point 6 Letter b. Cancellations must be made at least 24 hours in advance (and must be made in writing, either via email or WhatsApp). If it is not possible to give an appointment to another customer/patient either due to cancellation at late notice or because no notice was given, prevention-center AG shall charge a flat-rate of 80% of the planned treatment costs – but a minimum of CHF 500.00 – in order to cover expenses.

d) Agreed surgical appointments are subject to the following regulation: In the case of planned operations, prevention-center AG is often unable to offer a slot to another patient following a cancellation. Due to the complexity involved in planning operations, surgical appointments may only be cancelled free of charge if the Customer provides written notice of cancellation at least 14 days (calendar days) in advance, either via email or WhatsApp. For cancellations made less than 14 days (calendar days) but more than 7 days (calendar days) before the planned surgery, the Customer shall be charged 50% of the planned surgical costs. For cancellations made less than 7 days (calendar days) before the operation, the Customer shall be required to pay the full surgical costs. Failure to make advance payment of surgical costs on schedule shall also be considered cancellation.

e) If the Customer arrives late for their surgery and it is consequently no longer possible to perform the surgery that day, the Customer shall be charged the full surgical costs. This regulation shall apply in the event that a patient arrives more than 15 minutes after their planned admission time. If prevention-center AG is forced to cancel a treatment appointment or surgical appointment for medical or health-related reasons, the Customer shall still be obligated to bear all costs. No reimbursement or compensation shall be provided. However, in such instances, prevention-center AG shall endeavour to offer an alternative appointment in the near future wherever the patient’s medical status and health permits. This is a voluntary gesture of goodwill on the part of prevention-center AG; the Customer has no legal entitlement to an alternative appointment.

f) The Customer shall pay any costs billed by prevention-center AG (as at the value date) within the stated payment term, which is usually 10 days, and at least 7 days prior to a surgical appointment. Payment in instalments is only permitted in exceptional cases in which appropriate reasons can be demonstrated and subject to the prior approval of prevention-center AG.

g) If the Customer fails to adhere to the payment terms, interest of 5% shall be levied as of the due date without an additional reminder being issued. An additional processing fee of CHF 20.00 shall be levied for each reminder issued.

h) If the aforementioned payment terms are not observed, prevention-center AG shall be entitled to:
- require prepayment for any outstanding services, and
- demand compensation.
If payments are still not made following an appropriate grace period (reminder), prevention-center AG can withdraw from the contract, including in the event that services have already been rendered in part or in full. Furthermore, in the event of non-payment within an appropriate grace period, prevention-center AG reserves the right to initiate debt collection proceedings or instruct a collection agency to follow up. The Customer hereby agrees to the disclosure of data required for this purpose (subject to medical secrecy obligations).

i) prevention-center AG reserves the right to require prepayment for any and all services it offers.

7. Emergency service

a) prevention-center AG has an in-house emergency service. In life-threatening situations, you should always dial the emergency number 144 immediately.

b) The prevention-center AG emergency service is the first port of call if a Customer is not registered with a doctor or cannot reach their doctor (e.g. at night or at the weekend).

c) The Customer will be given the telephone number of the prevention-center AG emergency service when placing their order, i.e. after they have received comprehensive information during their initial consultation and after they have signed the GTCs, the patient declaration and the data privacy statement.

8. Place of jurisdiction / applicable law

The place of jurisdiction for all disputes arising from any contract with prevention-center AG is Zug, Switzerland. Swiss law shall apply exclusively.

 

The Customer hereby agrees that their digital signature is equivalent to their hand-written signature for the purpose of the consent form and all other declarations made to prevention-center AG.