The Terms and Conditions of Business (“Terms and Conditions”) apply to the supply of goods and services by Medskin. Medskin Clinic registered address Barking House, Farndon Road, Market Harborough, LE16 9NP In the event of any inconsistency between these Terms and Conditions and the contents of other literature provided by Medskin Clinic to the Client, these Terms and Condition shall take primacy.
1. DEFINITION AND INTERPRETATION
1.1. In these terms and conditions the following words and expressions shall have the following meanings applied to them:
Medskin Clinic is a trading name of Medskin
The consent form signed by the Client, signing his/her consent to the procedure
A nurse registered to practice in the United Kingdom by the Nursing and Midwifery Council
The Nurse, Surgeon or Doctor (as the case may be)
A person trained to carry our certain Procedures
The general medical practitioner who is registered to practice in the United Kingdom
The fee charged by Medskin Clinic for the Procedure
Any person of at least 18 years of age who has entered into or is considering entering into a contract with Medskin Clinic for a Procedure
The information supplied to the Client by Medskin Clinic in the form of printed and other media
A non-surgical procedure to be arranged by Medskin Clinic for the client and performed by a Clinician or Technician
Monday to Friday of any week, other than Bank holidays or UK public holidays
2 Medskin Clinic OBLIGATIONS
In providing a Procedure for the Client, Medskin Clinic shall:
2.1. Ensure that the Procedure is carried out by an appropriately trained Clinician or Technician.
2.2. Satisfy itself that the Clinician or Technician hold the requisite qualifications and registrations for them to practice.
2.3. Where the Procedure is carried out in one of Medskin Clinic, Medskin Clinic will provide suitable facilities for the provision of the Procedures.
2.4. Where the Procedure is carried out away from one of Medskin Clinic, such as at a Client’s home, Medskin Clinic will only carry out the procedure if the Clinician or Technician is satisfied that the location is suitable and will not adversely affect Medskin Clinic ability to provide the Procedure safely and effectively. It will be at Medskin Clinic sole discretion whether it performs any procedures away from one of its clinics.
2.5. Provide the Client with such information that the Client may reasonably enable himself/herself to understand the nature of the Procedure being offered and to make an informed decision as to whether or not to undergo the Procedure.
3. THE CLIENT’S OBLIGATIONS
The Client shall be responsible for reading and for making sure they understand all literature, instructions and information provided prior to consenting to undergo any Procedure and for complying with all instructions concerning the Procedure provided by the Clinician or Technician and/or Medskin Clinic The Client will forfeit a treatment if their Melanin count or is higher than that recommended by the Clinician, Technician and/or Medskin Clinic. The client shall be responsible for the timely payment for any Procedure received or to be received, in accordance with these Terms and Conditions. It is also the Client’s responsibility to ask any questions they may have about the Procedure as to ensure that they have a full understanding of the Procedure. The Client acknowledges that the payment they have made or are making in the future is the service of providing the Treatment(s) purchased and does not constitute a guarantee as to the results of the Treatment(s). The Client should ensure that they arrive on time for their allocated appointment. Late arrivals may result in a reduced treatment time or forfeiture of the appointment.
4.1. At the discretion of Medskin Clinic, the Client shall pay a minimum deposit of £100 (or the full cost of the treatment if this is less than £100) to book an appointment with a Clinician or Technician. This deposit will be set against the full cost of the treatment.
4.2. At the discretion of Medskin Clinic, the Client may be offered the opportunity to spread the cost of their Treatment(s) over several payments, known as a “Payment Plan”. Should Medskin Clinic offer this facility and should the Client wish to take up this facility:
4.2.1. The client consents to Medskin Clinic undertaking a credit check of the client with a credit reference agency to determine the client’s suitability and the client acknowledges that such a check may be recorded by the credit reference agency on the client’s credit file which may impact on their ability to obtain credit in the future from other lenders.
4.3. Medskin Clinic policy on refunds, as detailed in Section 6.1 of these Terms and Conditions, shall apply to all fees paid, including any deposits.
4.4. Courses of multiple Treatments may be used over an 18 month period from the date of purchase subject to any specific medical consideration concerning the Treatment as advised by the Clinician or Technician.
4.5. Payments may be made directly into the Medskin bank account:
Bank name: NatWest Bank Plc
Sort Code: 56-00-60
Account Number: 44318367
When paying by bank transfer, it would be useful if the Client would use either their surname or the Agreement Number (as shown overleaf in the top right-hand corner) as a reference
4.6. Payments may be made by cheque, subject to:
4.6.1. The cheque must be made payable to ‘Medskin’.
4.6.2. The cheque must be denominated in GBP sterling and drawn on a British bank. Medskin Clinic reserves the right to refuse any cheque as payment which does not meet these requirements.
4.6.3. The client must allow up to five (5) working days for the cheque to clear and be credited against their outstanding balance.
4.6.4 Medskin Clinic reserves the right to pass on to the Client any additional bank charges or administrative costs Medskin may incur for a cheque presented by the Client for payment being returned by the bank in the event that the cheque cannot be honoured.
4.7. If the client is paying by debit or credit card, either in part or in full:
4.7.1. The client authorises Medskin Clinic to debit the card as supplied by the client the appropriate amounts on the dates due.
4.7.2. The client has the authority to authorise Medskin Clinic to debit the card the client has supplied.
4.7.3. Debits by Medskin Clinic from the card supplied by the client may show as payment taken by Medskin on the card holder’s card statement, not Medskin Clinic.
4.7.4. Should the card holder of the card presented by the client for payment subsequently cancel any card payment to Medskin Clinic (known as a ‘chargeback’) without good reason, or if Medskin Clinic cannot debit the card for any amount due on or after its due date, Medskin Clinic reserve the right to consider the payment either late or not paid and may, at its discretion, invoke the clauses under section 5 of this agreement, ‘Late and Non-payment’.
5. LATE AND NON-PAYMENT
The Client agrees to pay all monies due, in full, by the due date(s) as laid out in Section 3 of this agreement . If any payment is not received, in full, by the date due, Medskin Clinic may, at its discretion:
5.1. Request full payment immediately of all outstanding payments.
5.2. Engage the services of a third party, such as a solicitor or debt collection agency, to recover the amounts outstanding and pass on to the Client any costs incurred by Medskin Clinic for engaging such services.
5.3. Seek legal redress through the Courts to recover the debt including professional fees or costs in doing so and to add daily interest on the debt in compliance with the legal instrument for doing so.
6. CANCELLATION AND POSTPONEMENT CONDITIONS AND POLICIES
If a Client needs to cancel or postpone a Procedure, it is essential that this is done in writing. Verbal cancellations or postponements are not accepted. Medskin Clinic incurs obligations and costs from the time of the original booking and the closer to the date of the Procedure; the more difficult it will be for Medskin Clinic to reallocate the services assigned for the Client to another Client. It is therefore necessary for Medskin Clinic to apply the following cancellation or postponement conditions and refund policies which will be based on the date on which Medskin Clinic receives a written request to cancel or postpone the Procedure.
6.1. Refund policy: Fees paid are fully refundable provided written notice of cancellation or postponement is received by Medskin Clinic at least five (5) Working Days prior to the scheduled date of the Procedure. If notice of cancellation or postponement of the Procedure is received less than five (5) Working Days prior to the scheduled date of the Procedure, there will be no refund of the fee for the that treatment. If your postponement is due to illness, you must inform us of this prior to your appointment, giving us as much notice as possible. Where postponement is necessary and provided a new appointment can be booked within ten (10) working days, cancellation fees will not apply. However, failure to attend this rescheduled appointment will result in it be deemed as a cancellation and charged accordingly.
6.2. Notices of Cancellation or Postponement: Notice of cancellation or postponement of a Procedure must be submitted in writing by letter, emailing (firstname.lastname@example.org) or fax and signed by the Client, to the clinic manager of the clinic where the client had his/her initial consultation with one of Medskin Clinic Clinicians or Technicians.
6.3. Clients who have purchased a package of treatments and miss their appointment without adhering to Section 6.1 of these Terms and Conditions will forfeit that treatment episode.
6.4. Refunds for any unused treatments will only be considered where it is medically indicated.
In the event that the Client is unhappy with any aspect of the procedures provided by Medskin Clinic, the Client should in the first instance and at the earliest opportunity raise the matter with the Clinician or Technician responsible for performing the procedure. If the Clinician or Technician is unable to resolve the complaint to the reasonable satisfaction of the Client, the Client should then at the earliest opportunity write to the Managing Director of Medskin with full details of their complaint. The Managing Director will then investigate the complaint and will work with the Client towards a resolution.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 Medskin Clinic processes data relating to Clients in connection with the Procedure provided to those Clients in accordance with these Terms and Conditions.
8.2 Medskin Clinic wishes to disclose data relating to Clients to Clinicians and Technicians in the course of the Procedure and the Client’s consent to such disclosure is considered essential to the Procedure.
8.3. The Client is deemed to consent to the disclosure of sensitive personal data by Medskin Clinic to Clinicians and Technicians for purposes of discussing the Client’s Procedure.
8.4. The Client acknowledges that Medskin Clinic is obtaining this consent for themselves in order that they may comply with the Data Protection Act 1998. Other than these disclosures or as required by a court of competent jurisdiction, Medskin Clinic will not disclose the Client’s sensitive personal data to third parties.
9. NO VARIATION
There can be no variation or exception to these Terms and Conditions unless agreed in writing and countersigned by the Managing Director of Medskin
10. LEGAL JURISDICTION
These Terms and Conditions and the services provided by Medskin Clinic and by Clinicians and Technicians shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction. (18/01/2018)