Terms of service
General Terms and Conditions
1. General
1.1 In these terms and conditions, 'the skin therapist' refers to: Medicadermis B.V. established in The Hague, Nieuwe Uitleg 36, 2514BR and Chamber of Commerce number: 87161621. The skin therapist is a member of the Dutch Association of Skin Therapists (“NVH”) and the practice works exclusively in accordance with the guidelines and quality standards of the NVH.
1.2 In these terms and conditions, 'client' refers to the person who commissions the skin therapist for treatment. If a medical treatment agreement is involved, the client is also considered a patient. If the treatment is categorized by the client's health insurer under an applicable treatment code from the basic or supplementary insurance, a medical treatment agreement exists. The actual payment decision of the insurer is irrelevant in this regard. Everything else falls under a beauty treatment agreement.
1.3 The Medical Treatment Agreements Act (pursuant to Book 7, Title 7, Section 5 of the Dutch Civil Code) also applies to a medical treatment agreement between the skin therapist and the client.
1.4 In these terms and conditions, 'client' also includes their legal representative.
1.5 In these terms and conditions, 'consultation' is understood to mean a treatment request in which a client approaches the skin therapist with a specific request for assistance and the skin therapist responds to this request. This may or may not involve medical treatment.
1.6 These terms and conditions form part of every agreement between the client and the skin therapist.
1.7 These terms and conditions also apply in the event that the skin therapist engages third parties for the execution of the assignment.
1.8 The application of Article 7:404 and Article 7:407 paragraph 2 of the Civil Code is expressly excluded.
2. Agreement and formation
2.1 The agreement between the skin therapist and the client comprises the client's instruction to the skin therapist to provide treatment – whether medical or not.
2.2 An Agreement is only concluded after a placed product order by Medicadermis B.V. has been confirmed in writing. Booking an appointment for a specific treatment constitutes a request for a consultation. Based on the conclusions of the consultation, the skin therapist may decide to make a revised offer to the client. The agreement for the medical or non-medical treatment will only be concluded after the client has signed the 'informed consent'. During the dialogue regarding the 'informed consent', the skin therapist will inform the client about the proposed treatment in accordance with the NVH guidelines in an understandable and as complete manner as possible. Unless proven otherwise, the administrative data of Medicadermis are B.V. decisive and binding for the content of the Agreement and these data serve as evidence of the Agreement.
2.3 The skin therapist has an obligation of effort, not an obligation of result.
2.4 The skin therapist is entitled not to comply with an unreasonable request from the client and may refuse to perform a treatment.
2.5 All offers from Medicadermis B.V. , as well as the by Medicadermis B.V. Stated prices, fees, and terms are non-binding, unless expressly stated otherwise.
2.6 Medicadermis B.V. has the right at all times to refuse an order without giving reasons, which the client is notified of by Medicadermis B.V. will be communicated as soon as possible.
2.7 The client guarantees that the information provided in the application to Medicadermis B.V. is accurate and complete.
3. Consent
3.1 The client grants consent to the skin therapist prior to the execution of the treatment.
3.2 The skin therapist may require the client to explicitly confirm their consent in writing, for example by having the client read and sign an 'informed consent'.
3.3 The client's consent also entails the skin therapist's authority to engage auxiliary personnel and to accept any limitation of liability of auxiliary personnel on behalf of the client. The skin therapist is not liable for the choice of the auxiliary person or for any shortcomings of this auxiliary person, except in the case of intent or willful recklessness on the part of the skin therapist.
3.4 In the event that the client refuses or withdraws their consent, the skin therapist will not perform any (further) treatment.
4. Performance of the Agreement and delivery
4.1 During the consultation, the advice and treatment may take place in the same session. However, for valid reasons, the skin therapist may also decide to schedule the treatment in another session yet to be planned.
4.2 Medicadermis B.V. shall endeavor to execute the Agreement carefully and properly, in accordance with the agreements recorded in writing with the Client.
4.3 Obvious (typographical) errors and mistakes on the website and/or in the confirmation email are not binding on Medicadermis B.V. not.
4.4 The client can make changes to address and other personal data themselves in the personal MijnMedicadermis account. All consequences arising from the failure to report (address) changes in a timely manner shall be entirely at the client's expense and risk.
4.5 Standard deliveries of products within the Netherlands are free of shipping costs for orders with a total value of €20.00 or more. The total value is defined as the subtotal of all products in an order minus any discounts. If the total amount of an order is lower than this amount, we charge a fixed rate for delivery within the Netherlands.
4.6 All by Medicadermis B.V. The stated (delivery) periods for products are approximate and are determined based on the data and circumstances available to Medikadermis at the time of entering into the Agreement. B.V. were known. Stated delivery times shall never be considered a firm deadline.
4.7 Exceeding the limits set by Medicadermis B.V. Stated delivery times for products, regardless of the cause, shall never entitle the Client to compensation or non-performance of any obligation incumbent upon him under the relevant Agreement or any related Agreement.
4.8 If the maximum statutory delivery time of thirty (30) days for products is exceeded, the client has the right to terminate the Agreement free of charge. To do so, the client must Medicadermis B.V. to notify in writing. In that case, any payments will be returned to the client within thirty (30) days after notification.
4.9 Medicadermis B.V. delivers product orders via the website exclusively to addresses in the Netherlands.
5. Prices, rates and health insurance
5.1 During the first consultation, a price agreement is made for the treatment. This includes the area to be treated and any duration, if relevant for the fee calculation.
5.2 The agreed price is per treatment.
5.3. The skin therapist reserves the right to deviate from the agreed price if the duration or the area to be treated is changed, either at the client's request or on the advice of the skin therapist, with substantiated reasons. This will be discussed with the client prior to the treatment and/or change.
5.4 Price agreements for a treatment apply, unless expressly agreed otherwise in writing, for the duration of the calendar year and may be adjusted annually.
5.5 The client is personally responsible for ensuring that he or she is aware of whether and to what extent his or her insurer reimburses the treatment. Furthermore, it is the client's responsibility to decide whether or not to submit invoices to his or her insurer.
5.6 All prices and rates are in euros and include VAT and any other government levies imposed at the time of concluding the Agreement, unless expressly stated otherwise.
5.7 All prices and rates mentioned on the website and in mailings of Medicadermis B.V. are subject to price changes, programming and typographical errors. Below a certain order value, Medicademis is B.V. entitled to charge (additional) shipping costs. These are explicitly stated on the website prior to the payment process.
5.8 The following conditions apply to all promotions: promotions cannot be combined with other promotions, vouchers, or discount codes. Vouchers or discount codes can only be combined with each other if this is explicitly stated. Medicadermis B.V. is not liable for any layout, printing, or typing errors and price changes, and reserves the right to amend the promotional terms and conditions at any time or to discontinue the promotion. All offers and promotions are subject to availability.
6. Payment
6.1 The client receives the invoice immediately after the treatment and must pay it at the same time in cash or by debit card.
6.2 Regardless of whether the invoice is reimbursed by the insurer, the client remains liable at all times for the full and timely payment of the invoice.
6.3 In specific cases, if the treatment is covered by basic insurance, the skin therapist may submit the invoice directly electronically to the client's health insurer. If this is subsequently rejected (partially), for whatever reason, the client will be sent the (remaining) invoice to their home address. The client must then pay the relevant amount directly to Medicadermis themselves. B.V. to be paid. Payment of the (remaining) invoice must be made without any discount or compensation within 14 days of the invoice date by deposit or transfer to the IBAN stated on the invoice.
6.4 In the event that the client fails to pay the invoice on time and/or in full, the client is in default. The skin therapist is then entitled to charge the client statutory interest on the invoice amount, or the remaining balance thereof. The skin therapist is also authorized to take collection measures. The costs associated with collection (including extrajudicial costs and other costs) shall be borne by the client.
6.5 In the event of payment arrears, the skin therapist is authorized to suspend further treatment or to perform it only against cash payment, unless the amount of the arrears, the necessity of skin therapeutic treatment, or the urgency of the situation prevents this.
6.6 The payment obligation is not suspended by the client filing a complaint against the skin therapist regarding the invoice and/or the treatment, unless the skin therapist agrees to the suspension of the payment obligation.
6.7 The payment obligation does not lapse if the client terminates the agreement or requests the skin therapist to transfer the treatment to another person.
6.8 The client must address questions regarding charged fees, rates, or costs to the skin therapist in writing within 8 days of receipt of the invoice.
6.9 Medicadermis B.V. is entitled to suspend the performance of obligations under the Agreement on the basis of its own assessment, in the event of an attributable non-performance by the Client of its obligations under the Agreement. Or if there is a strong suspicion to that effect based on, for example, the fraud risk estimated by Shopify.
6.10 The company Shopify International Limited, located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, is responsible for processing payments. All client data is entered directly into Shopify's system and cannot be read or stored by us.
6.11 All orders must be paid for by the client according to the payment method chosen by the client. Payments can be made by debit card (iDeal etc.), credit card (Visa, Mastercard etc.), via digital wallets (ApplePay, GooglePay, PayPal etc.) or with a Medibordermis. B.V. Gift card. Should the client choose iDeal, the full purchase price is paid in advance by the client immediately.
6.12 If payment by the client is made by credit card, the following applies. The provided credit card details are verified by Shopify before payment is processed. Products are only shipped to the address provided by the client on the Medikadermis website during the order. B.V. is provided as the address of the credit card holder.
6.13 Shopify performs credit card authorization when the credit card payment method is selected. The credit card authorization process takes only a few seconds. The cardholder presents the credit card in an e-commerce website gateway via mobile or app payments. Medicadrem B.V. sends a request to Shopify for payment authorization. Shopify passes the transactions on to the relevant card association and they ultimately reach the issuing bank (including parameters such as CVV, AVS validation, and expiration date). The issuing bank approves or rejects the transaction. Medikadermis B.V. is unable to discuss this decision with the payment processor.
7. Subscriptions
7.1 Medicadermis B.V. offers a supplementary model whereby you can sign up for recurring delivery of certain products (“Subscription Products”) or treatments (“Subscription Treatments”) at the (reduced) price stated on the website. It is required to create an account to subscribe to products or treatments.
7.2 You can select the treatment repeat or delivery of the product in your account. Medicadermis B.V. will ask you to pay for the products before each scheduled shipping date. You can also do this by authorizing us to pay. Subscription products will only be shipped after payment has been received by Medikadermis. B.V. and the same applies to treatments that can only take place if paid in advance.
7.3 You can temporarily pause your subscription for Subscription Products via your account up to one day before the next scheduled shipping date. During the paused period, you will not receive any Subscription Products and therefore do not need to pay the respective subscription amount.After you have reactivated your subscription, the delivery of the products will resume and Medicadermis B.V. to ask you to pay the amount again.
7.4 In the event that a Subscription Product is out of stock, Medicadermis may B.V. postpone delivery (and associated payment) until the next scheduled shipping date when the product is back in stock.
7.5 You can cancel your subscription whenever you want, up to one day before the next scheduled shipping date.
7.6 In the event that you fail to comply with the obligations regarding the subscription, Medicadermis has B.V. the right to either give you the opportunity to still fulfill your obligations, or to terminate your subscription at any time.
8. Cancellation
8.1 In the event that the client is unable to attend an appointment, he must cancel it with the skin therapist at least forty-eight hours in advance.
8.2 If the client does not cancel or does not cancel in time, then Medikadermis B.V. obliged to charge a portion of the costs of the treatment. These costs amount to €20.00 but may be indexed annually.
8.3 The client can easily cancel or reschedule the appointment themselves via a link in the appointment confirmation email. Appointments can also be cancelled by the client in person, by telephone, or by email. The cancellation is handled by Medicadermis. B.V. registered at the moment the client calls, leaves a message on the answering machine, or their email message is received by the skin therapist (see also the contact details on the website of Medicadermis).
8.4 Right of withdrawal on products: Medicadermis B.V. conforms to the generally applicable Directive 2011/83/EU on consumer rights and Directive (EU) 2019/2161 as a modernisation of these rules and does even more. Such as a free 30-day return policy. See our Terms and conditions for withdrawal, return, refund, and claim for details regarding this.
9. Information
9.1 The client must inform and keep the skin therapist informed of all information – both medical and non-medical – that is necessary for the proper execution of the agreement. This obligation rests with the client both in the case of direct access and in the case of referral.
9.2 The general practitioner and/or referrer will be informed of our findings in writing after the intake, if necessary, in accordance with the requirements of the health insurer.
9.3 The general practitioner and/or referrer shall, if necessary, also be informed in writing of the course of the treatment after termination of the treatment, in accordance with the requirements of the health insurer.
9.4 In the event that the client objects to the provisions set out under points 9.2 and 9.3, he must submit a written statement to that effect, which will be archived in his file. The objection cannot be applied retroactively by the skin therapist.
9.5 The insurer may make a request for information or conduct an audit of the skin therapist regarding the treatment(s) and invoices of a client or group of clients. The skin therapist is obliged to provide this information to the extent that there is a legal basis for doing so. Matters subject to professional secrecy are excluded from this.
9.6 In order to carry out the treatment as effectively as possible, a record of medical and administrative data is maintained. The Personal Data Protection Act (Wbp) applies to this record.This law contains rules regarding the purpose of the registration, the nature of the data being registered, the management of the data, the persons who have access to the data, and the client's right of access. The employees of Medikadermis B.V. handle this data carefully and comply with the rules set out in the Wbp, see also our privacy policy.
10. Liability
10.1 The liability of Medicadermis B.V. , both for direct and consequential damage and to the extent covered by its liability insurance, is limited to the amount of the payment made by the insurer.
10.2 If the insurer fails to pay out in any case, or the damage is not covered by the insurance, the liability of Medicadermis is B.V. limited to the amount of the treatment invoice or the purchase amount.
10.3 Rights to compensation due to liability expire after 1 year from the date the damaging event occurred.
10.4 Medicadermis B.V. is not responsible for damage arising from the provision of incomplete and/or untruthful information regarding the client's general health and circumstances that may affect the treatment.
10.5 All instructions from the skin therapist, on the packaging, and in the package leaflets must be followed. Medicadermis accepts no liability for abnormal behavior after a treatment or for abnormal use of products by the client. B.V. , its partners and/or suppliers.
10.6 A skin therapist cannot predict exactly how many treatments a client needs and cannot be held liable for this. The employees of Medikadermis B.V. can only indicate the average number of treatments.
10.7 If a treatment is unsuccessful or if the condition recurs after a period of time, then Medicadermis B.V. not responsible or liable for that. It is possible that certain treatments do not yield the expected result for certain clients.
11. Complaints
11.1 In the event of dissatisfaction or a complaint from the client regarding the treatment by the skin therapist, the client shall report this to Medikadermis as soon as possible. B.V. The skin therapist and the client subsequently both endeavor to reach a solution regarding the matter.
11.2 If a solution proves impossible, the patient may turn to the NVH's internal complaints committee: the Patient Advisory Committee ('PAC'). This committee will mediate between the skin therapist and the client.
12. Nullity
In the event that any provision of these terms and conditions is null and void or voidable, this shall not affect the validity of the remaining provisions.
13. Use of website
13.1 All Intellectual Property Rights, including, but not limited to, copyrights, trademark rights, and database rights, in the information, texts, images, logos, photos, and illustrations on the website, and in the layout and design of the website, belong to Medicademis. B.V. and/or its licensors. The client and users of this website acknowledge these rights and guarantee that they will refrain from any infringement thereof, including but not limited to making copies of the website other than technical copies required for the use of the website (loading and displaying).
13.2 The information on the website is provided by Medicademis B.V. Compiled and maintained with continuous care and attention. However, errors cannot always be prevented. Therefore, no rights can be derived in any way from the information offered on the website. Medicadermis B.V. accepts no liability for damage arising in any way from the use of the website or from the incompleteness and/or inaccuracy of the information provided on the website and/or damage resulting from the (temporary) unavailability of the website.
13.3 The website may contain hyperlinks to other websites maintained by third parties. Medicademis B.V. has no influence whatsoever on the information, products, and services listed on these websites and accepts no liability for damage arising in any way from the use of these websites.
13.4 Medicadermis B.V. bears no responsibility for photos, descriptions, and other informational material on the website that have been published or made available by third parties.
13.5 Medicadermis B.V. does not guarantee that emails or other electronic messages sent to it will be received and processed in a timely manner and accepts no liability for the consequences of the untimely receipt or processing of emails or other electronic messages sent to it.
13.6 The by Medicadermis B.V. The stored version of the relevant communication shall serve as proof thereof, subject to proof to the contrary by the client.
14. Applicable law
The agreement concluded between the skin therapist and the client, and any further agreements concluded in execution thereof, shall be governed exclusively by Dutch law.
15. Force Majeure
If Medicadermis B.V. if, as a result of a circumstance not attributable to it, it is prevented or severely impeded from fulfilling any obligation, then Medicadermis is B.V. entitled to suspend or cancel its obligations under the Agreement, without the Client being liable to Medicadermis B.V. has any claim. If the period of force majeure has lasted longer than three (3) months, both Client and Medikadermis are entitled B.V. entitled to terminate the Agreement in writing, without being liable for damages to the other party.
16. Changes, version and application
16.1 These General Terms and Conditions apply from 1 October 2023, with document reference MD-AV-v1.01. The versions are numbered sequentially in the event of a change.
16.2 Medicadermis B.V. reserves the right to modify these terms and conditions at any time.
16.3 Changes shall be notified to the Client in writing or by e-mail and shall take effect one month after the date of notification, unless stated otherwise in the notification. If the Client does not raise a reasoned objection to the change in the terms and conditions within one month after the date of notification, the Client shall be deemed to have accepted the change. If the Client raises a reasoned objection to the change in the terms and conditions within one month after the date of notification, this shall constitute grounds for termination of the agreement.