1. scope of application and validity
a) These General Terms and Conditions (hereinafter referred to as “GTC”) govern the treatment relationship between prevention-center AG and the Customer. They form an integral part of the contractual relationship between prevention-center AG and the Customer. The GTC in their current version are available on the website www.prevention-center.com/agb.
b) Amendments and ancillary agreements shall only be effective if they are confirmed in writing by prevention-center AG.
c) These GTC shall apply for an indefinite period of time, i.e. also for subsequent orders/subsequent treatments, as long as they are not amended by the parties in a written agreement.
d) Should any provision of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions.
2. conclusion of contract
The order is placed by the customer after the customer has been fully informed about the planned treatment or a possible procedure during an initial consultation. In any case, the customer will be fully informed about all risks and side effects of the planned treatment/procedure and about the data protection regulations. For this purpose, the customer must sign these contractual terms and conditions as well as the declaration of consent and the “Personal data / data protection declaration” form.
3. liability
a) prevention-center AG shall only be liable for direct damages caused by an intentional or grossly negligent act of prevention-center AG. Any further liability of prevention-center AG and its auxiliary persons as well as any liability for indirect or consequential damages – irrespective of the legal grounds – shall be excluded in full, subject to mandatory statutory provisions.
b) All treatments and operations of prevention-center AG are carried out to the best of our knowledge and belief and in accordance with the latest scientific and medical standards. Despite careful execution of the agreed services, no guarantees can be given, especially not for the aesthetic result. The respective pre- and post-treatments must be strictly followed and carried out in accordance with the instructions of the attending physician. This also includes regular follow-up checks. Otherwise, any claim to corrections or follow-up treatments will lapse and prevention-center AG reserves the right to no longer treat recalcitrant customers.
4. data protection
prevention-center AG is aware that its customers want to be informed about how their data is handled. prevention-center AG attaches the utmost importance to the protection of this personal data. prevention-center AG collects, processes (in particular stores) and uses personal data exclusively in strict compliance with Swiss data protection legislation. We have drawn up a separate data protection declaration for your comprehensive information.
5. release from medical or professional secrecy
In order to carry out the treatments, prevention-center AG is dependent on processing the health information of the customer, which may be subject to professional secrecy (Art. 321 Swiss Criminal Code). The Customer expressly releases the doctors and employees of prevention-center AG, insofar as they are subject to professional secrecy, from professional secrecy with regard to all information and documents which they make available to prevention-center AG.
6 Prices and terms of payment
a) prevention-center AG attaches great importance to providing its customers with comprehensive, transparent and comprehensible information. Before any treatment or medical intervention is carried out, prevention-center AG will therefore arrange a personal consultation with the customer, during which the customer will be informed about all the modalities of the planned treatment as well as any risks and side effects and the estimated costs. The prices are determined according to the time required and the type of procedure or treatment agreed, taking into account any individual circumstances or wishes. The prices published on the website serve as a guide and are not binding. In particular, it should be noted that the costs of this treatment are not covered by health insurance and must be borne by the customer. After the initial consultation, prevention-center AG charges each client a flat fee of CHF 200.00, to be paid on site. This fee covers the costs of the initial consultation and the answering of all the client’s questions as well as a summary review of any previous files. If the customer decides to have the treatment or procedure carried out by prevention-center AG after being fully informed, the flat fee (CHF 200.00) will be deducted from the total amount payable by the customer.
b) If the customer is unable to keep the appointment for the initial consultation or follow-up consultations for whatever reason, a cancellation must be made at least 24 hours before the agreed appointment so that it can be rescheduled. Cancellations must be made in writing (by email or WhatsApp). As today’s diverse means of communication are accessible to everyone, no exceptions will be made. For appointments that are not kept without prior cancellation and therefore no replacement patient can be offered, the flat-rate fee (see section 6 lit. a) of CHF 200.00 will be retained in full by prevention-center AG to cover expenses.
c) For treatment appointments, the same rule applies as in the aforementioned provision in Section 6 b). Cancellation must be made at least 24 hours before the appointment (exclusively in writing by e-mail or whatsapp). If no other customer/patient can be offered an appointment due to cancellation at too short notice or failure to cancel, prevention-center AG shall charge a lump sum of 80% of the planned treatment costs, but at least CHF 500.00.
d) The following rule applies to agreed surgery appointments: In the case of planned surgeries, it is often not possible for prevention-center AG to find a replacement patient in the event of a cancellation. Due to these planning difficulties, it is only possible to cancel surgery appointments free of charge if this is done by the customer in writing by email or WhatsApp at least 30 days (calendar days) in advance. For cancellations made less than 30 days (calendar days) but more than 14 days (calendar days) before the planned operation, the customer will be charged 50% of the planned operation costs. In the event of a cancellation less than 14 days (calendar days) before the operation, the full operation costs must be paid. Failure to pay for the operation in advance by the due date shall also be deemed a cancellation.
e) If the customer arrives late for the surgery appointment and the surgery can therefore no longer be performed on that day, the customer will be charged the full surgery costs. This rule applies from a delay of 15 minutes after the scheduled entry time. If prevention-center AG has to cancel a treatment or operation appointment for medical or health reasons, the customer shall nevertheless remain obliged to pay the full costs. A refund or compensation is excluded. However, prevention-center AG will endeavor to offer an alternative appointment within a reasonable period of time if this is possible for medical reasons or due to the patient’s health. This is a voluntary concession on the part of prevention-center AG and the customer has no legal right to receive an alternative appointment.
f) The costs invoiced by prevention-center AG must be paid by the Customer within the payment period granted, which is usually 10 days and at least 7 days before the date of the operation (value date). Payment in installments shall only be granted in exceptional cases for appropriate reasons and after prior consultation with prevention-center AG.
g) If the customer fails to meet the payment deadlines, default interest of 5% shall be owed from the due date without any additional reminder. An additional processing fee of CHF 20.00 shall be charged for each reminder.
h) In the event of non-compliance with the aforementioned terms of payment, prevention-center AG shall be entitled:
– to provide outstanding services only against advance payment;
– to demand compensation for damages.
If the payments have not been made after a reasonable grace period (reminder) has expired, prevention-center AG may withdraw from the contract, even if the service has already been provided in whole or in part. Furthermore, in the event of non-payment within the grace period, prevention-center AG reserves the right to initiate debt collection proceedings without further notice or to assign the claim to a debt collection company for further pursuit. The customer agrees to the disclosure of the data required for this purpose (subject to medical confidentiality).
i) prevention-center AG reserves the right to provide all services offered by it only against advance payment.
Purchase on account (including payment by installments) is processed by CembraPay AG. The General Terms and Conditions and the Privacy Policy of CembraPay AG apply.
7. emergency service
a) The prevention-center AG has its own emergency service. In the event of acute danger to life, the emergency number 144 must be called immediately.
b) The emergency service of prevention-center AG is the first choice if the customer does not have a family doctor or if the family doctor is not available (e.g. at night or at the weekend).
c) The telephone number of the emergency service of prevention-center AG will be provided to the customer when the order is placed after the customer has been fully informed in the initial consultation and has signed the GTC and the “Patient information” and “Data protection declaration”.
8. place of jurisdiction / applicable law
The place of jurisdiction for all disputes arising from a contract with prevention-center AG is Zug. Swiss law shall apply exclusively.
The customer agrees that his digital signature is equivalent to his handwritten signature for his declaration of consent and any further declarations to prevention-center AG.
