General Terms and Conditions of Undo
General Terms and Conditions
LaserA BV, trading under the name Undo, applies the following general terms and conditions.
1. Applicability and General Conditions
- In these conditions, LaserA BV (“Undo”) refers to the entity with chamber of commerce number 63819775 and all its branches.
- In this agreement, “the practitioner” refers to the skin therapists and laser specialists. The skin therapists are members of the Dutch Association of Skin Therapists (“NVH”) and are also registered with the Quality Register Paramedics.
- In these conditions, “client” refers to the person who commissions Undo for treatment.
- In these conditions, “client” also refers to their legal representative.
- In these conditions, “treatment” refers to all treatments performed by Undo.
- In these conditions, “treatment agreement” refers to the agreement (informed consent) between Undo and a client concerning a treatment.
- The applicability of Article 7:404 and Article 7:407(2) of the Dutch Civil Code is explicitly excluded.
Agreement
- These terms and conditions apply to every offer, quotation, and treatment agreement from Undo, even if a third party is engaged for the execution by Undo.
- Deviation from these general terms and conditions is only permitted if Undo has explicitly agreed to it in writing.
- Client’s general terms and conditions are not accepted.
- Undo is entitled not to comply with an unreasonable and/or unusual request from the client and may refuse to perform a treatment.
Privacy & Confidentiality
- If the client agrees to treatment with the practitioner and signs the treatment agreement (informed consent), the client agrees to Undo’s privacy policy.
Confidentiality
- Undo is obliged to maintain confidentiality towards third parties not involved in the execution of the assignment. This confidentiality covers all confidential information provided by the client to Undo. The confidentiality obligation does not apply if disclosure of certain data is required by law. Undo is entitled to use the information obtained for statistical purposes, ensuring that the information cannot be traced back to the individual client.
Consent
- The client provides prior, unconditional, and unequivocal consent to Undo for the execution of the treatment agreement by completing and signing the intake form and informed consent of Undo.
- The client unconditionally consents to the registration of their personal and medical data relevant to the treatment and its processing.
- Undo may require the client to confirm their consent in writing.
Cooperation Duty
- The client provides Undo with the information and cooperation reasonably necessary for the execution of the treatment agreement and follows the advice of Undo.
- The client must always be able to identify themselves at the first request of Undo with a legally recognized ID with a BSN. If the client cannot present such an ID, Undo is entitled to suspend the treatment agreement. The costs will be borne by the client.
Treatment Results
- All treatments are an obligation of effort and not a result obligation. Therefore, no guarantee can be given on a result. Unexpected complications can always occur, such as infections, bruises, pigment shifts, or scar tissue.
Rates
- The first consultation is free and without obligation.
- During the first consultation, a price agreement is made for the treatment. The treated area is also recorded.
- The agreed price is per treatment or for a package of treatments.
- The practitioner reserves the right to deviate from the agreed price if the duration or area to be treated is changed. This will be discussed with the patient prior to the treatment.
- Rates are, unless expressly agreed otherwise in writing, valid for the duration of a calendar year and can be adjusted and/or indexed annually.
- The client is responsible for being aware of and ensuring whether and to what extent their insurer reimburses the treatment. It is also the client’s responsibility to submit invoices to their insurer, if applicable.
Payment
- Undo has the right to change rates. The rate on the Undo website at the time of treatment applies to each treatment. If Undo has provided a quote, it remains valid for the period stated in the quote.
- The client pays by debit card or credit card immediately after treatment.
- If Undo treats the client on account, the client ensures full payment within 14 days by transferring the relevant amount to Undo’s account, stating the invoice number.
- Payments are first applied to the oldest outstanding invoices.
- If the client does not pay the invoice on time and/or in full after a request or reminder from Undo, they are in default. Undo is then entitled to charge the statutory interest on the invoice amount or the remaining amount to the client. Undo is also entitled to take collection measures without further notice. The costs associated with the collection (including extrajudicial and other costs) are borne by the client.
- In case of payment arrears, Undo is entitled to suspend further treatment or only provide it against immediate cash payment.
- The payment obligation is not suspended if the client files a complaint against Undo about the invoice and/or treatment, unless Undo agrees to the suspension of the payment obligation.
- The payment obligation does not lapse if the client terminates the agreement.
- Prices mentioned (for example, on the website or in the quotation/treatment agreement) are always subject to typing errors.
- When purchasing packages of 2 or more treatments at once, either online or physically in the clinic, the paid amounts are non-refundable. This also applies to strip cards and special deals (e.g., Black Friday).
No Show
- If a client cancels or reschedules an appointment or does not show up:
- For a consultation appointment, €65 will be charged if the cancellation or rescheduling occurs 24 hours or less before the appointment or if the client does not show up;
- For a treatment appointment, €65 will be charged if the cancellation or rescheduling occurs 24 hours or less before the treatment appointment or if the client does not show up.
- Unless proven otherwise, Laser A’s administration serves as full proof that such an appointment was made.
- Cancelling, postponing, or rescheduling a treatment due to illness or injury requires a signed written medical statement from the client’s GP or treating specialist stating that the scheduled treatment cannot take place on the planned date.
- Appointments can only be canceled via email (info@undo.nl), WhatsApp (0649231704), or phone (+31 85 004 3391).
Force Majeure
- Undo is not obliged to fulfill any obligation towards the client if Undo is hindered due to a circumstance not attributable to its fault and beyond its control. Such circumstances include strikes, unforeseen staff shortages, illness of a practitioner, departure of a practitioner, a general shortage of necessary (raw) materials and/or other required goods or services for the execution of the assignment.
- During a period of force majeure, Undo’s obligations are suspended. If this period lasts longer than three months, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
- Both Undo and the client retain the right to reschedule the date and/or time of the treatment at any time due to demonstrable special circumstances (force majeure).
Liability
- Undo cannot predict the exact number of treatments someone will need and cannot be held liable for it. Undo’s employees can only indicate the typical number of treatments.
- Undo is not liable for pigment shifts (hyper/hypopigmentation), burns, skin damage, or scar tissue after or as a result of the treatment.
- The liability of Undo, both for direct and consequential damage, and insofar as covered by its liability insurance, is limited to the amount paid out by the insurer.
- If the insurer does not pay out in any case, or if the damage is not covered by insurance, the liability of Undo is limited to the invoice amount.
- Rights to compensation for liability lapse one year after the damaging event occurred.
- Undo is not responsible for damage resulting from incomplete and/or inaccurate information about the client’s general health regarding circumstances that may affect the treatment.
- Undo is not liable for damage to or loss of the client’s property. The client must take the necessary care to prevent damage to or loss of their property.
Complaints
- In case of dissatisfaction or a complaint from the client about the treatment by the practitioner, the client should report this as soon as possible to the practitioner. Both the practitioner and the client will then strive to find a solution.
- A complaint as mentioned in Article 12.1 of these general terms and conditions must be submitted by the client by email.
- If a solution with the skin therapist is not possible, the patient can address the internal complaints committee of the NVH: the Patient Advisory Committee (‘PAC’). This committee will mediate between the skin therapist and the patient.
- If mediation by the PAC does not lead to a solution, the patient can turn to the National Complaints Committee for Primary Care Paramedics (Klachtenloket paramedici).
Applicable Law
- The agreement between the skin therapist and the patient, and any subsequent agreements for its implementation, are exclusively subject to Dutch law. Any disputes will be submitted to the Dutch court in Amsterdam.
Nullity
- If any provision in these general terms and conditions is null or voided, the other provisions remain in force.
Amendments
- Undo is free to amend these General Terms and Conditions at any time. After amendment, all previous versions of the General Terms and Conditions expire. If any provision of these General Terms and Conditions is found to be unenforceable according to the law, the remaining provisions remain in force, and the relevant provision will be amended as soon as possible to be in accordance with the law.
Communication Expressions
Nothing from Undo’s expressions, services, products, and materials may be copied or otherwise reproduced, digitally or analogously, without prior explicit written permission. Such permission can only be granted via info@undo.nl
It is also prohibited to modify the content of the website or other social media. The information provided by Laser A (including image and sound material) on the website or social media is copyrighted, either by Undo or its suppliers.