TERMS AND CONDITIONS
Set out below are the terms on which Sculpture Clinic provides service to its clients. Please ensure that you have read and fully understood them prior to booking any treatments or procedures at Sculpture Clinic.
1. GENERAL TERMS AND CONDITIONS FOR ALL PATIENTS
1.1 These terms and conditions form the basis of the agreement between the patient (you/your) and Sculpture Clinic (us/our).
1.3 By registering with us, you agree to be bound by these terms.
2. SPECIFIC TERMS RELATING TO THE CORONAVIRUS PANDEMIC
We are closely monitoring the current concerns surrounding the coronavirus. We are following government advice and reviewing our policies regularly. For information on the current government advice on the coronavirus please see the HSE Website.
We have introduced additional safety measures within the Sculpture Clinic and can assure all our clients that their safety is our main concern. We have assessed any potential impact to our client’s ability to complete courses and have established a clear protocol for extending treatment courses.
If you feel that you may be unable to complete your treatment course as prescribed, then please speak with our clinic manager who will be able to advise further. We are sure that our clients will be delighted to know that their treatments are protected and can be completed even if they need to be
3. APPOINTMENTS, DEPOSITS AND CANCELLATIONS
3.1. When you book an appointment, we will require you to pay a deposit, some or all of which we will be entitled to keep as set out in sub-clause
3.2. below if you later cancel the appointment without giving us prior notice of at least 48 hours;
3.3. We will not reserve or guarantee any particular date and / or particular therapist which you request for any consultation or treatment unless you book an appointment for that time and date.
3.4. If you know you are going to be late for an appointment, you should contact us to tell us. If you arrive later than 15 minutes after an appointment time, we will try to provide the service (consultation and /or treatment) you have booked, but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and, if we then decide to make a charge for that appointment cancelled without notice, sub-clause 2.5 will apply;
3.5. You may reschedule an appointment without charge if you give us at least 48 hours prior notice of the reschedule;
3.6. If you cancel an appointment, your deposit is non refundable;
3.7. If due to exceptional circumstances not limited to, illness, accidents and bereavement, you reschedule an appointment without giving us at least 48 hours prior notice, we will consider the circumstances and at our discretion decide whether to waive any charge for late cancellation that we are entitled to make under sub-clause 2.3 and 2.5.
3.8. We may cancel an appointment booked by you at any time before the time and date of that appointment in the following circumstances:
3.8.1. The required practitioner and/or materials necessary for the provision of the consultation or treatment are not available; or
3.8.2. There is an event outside of our reasonable control; If we reschedule an appointment in such circumstances, we will refund you in full any deposit or other advance payment you have made to us for that appointment. Unfortunately refunds will not however be given for any other expenses you may incur such as train tickets, flights, accommodation or loss of earnings;
3.8.3 We will use all reasonable endeavors to start the consultation or treatment at the appointment time you have booked, but the start may be delayed by the overrun of a previous appointment or by other circumstances. Our Doctor will take the amount of time necessary to provide comprehensive care and attention to every single patient and sometimes in complex or complicated cases this can result in clinic delays. If a delay to the start is at least 30 minutes, or, if at any time before or after you arrive for an appointment we notify you that there will be a delay of at least that time, you may reschedule the appointment.
4. FEES AND PAYMENT
4.1. You must pay in accordance with our price list for all services on completion of those that we have provided to you;
4.2. You may pay us for services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
4.2.1. credit / debit card, excluding Amex;
4.2.3. gift voucher; or
4.2.4. bank transfer.
4.3. We may alter our prices without prior notice, but if the price of any services increases between the time you book an appointment and the date of the appointment, the price increase for those services will not apply to your appointment.
4.4. Please note we never hold credit card information on file and will never ask you to reveal them to us. They will not be stored at Sculpture Clinic.
5. GIFT VOUCHERS
5.1. Gift vouchers are available from the clinic reception desk.
5.2. Gift vouchers are valid for the time period specified on the gift voucher.
5.3. Gift vouchers may be redeemed only for treatments which we provide at the clinic and may not be redeemed partly or wholly for cash.
5.4. Gift vouchers can only be used by the recipient or purchaser of the voucher.
6. ELIGIBILITY FOR TREATMENT
6.1. We will not provide treatment to you if following your consultation, we believe that the treatment is not suitable for you or is not likely to be successful, as individuals differ in their responses to, and the outcome of, the treatment.
6.2. We will not provide treatments to you if you are aged under 18. We may require evidence of your age for that purpose;
6.3. We will not provide treatments to you if you are pregnant, think you may be pregnant or are currently breast feeding; We will not provide certain treatments to you if you have a medical condition or are taking medication that may make that treatment unsuitable for you;
6.4. We will not undertake any treatment or procedure that is in conflict with any law in force, any voluntary or mandatory code of practice, or any similar rules, regulations or codes.
7. TREATMENT COURSE DISCOUNTS
7.1. All treatments purchased as a course of treatments must be paid in full in advance or at the time of your first treatment;
7.2. All treatments must be taken within twelve months of the date of purchase. Any treatments not taken within this time period will be forfeited;
7.3. All courses of treatments are non-refundable and non-transferable;
7.4. If you are unable to complete the course of treatment due to a severe or terminal medical condition, we will refund you the balance. The refund will be calculated by deducting the full list price of all treatments already taken, including those forfeited for non-attendance, from the total price of the course of treatment, and the difference will be returned to you;
7.5. We do not offer a refund or transfer of payment in the event of short term/ temporary side effects such as reddening, bruising, swelling, mild burning, blistering or hypo/hyperpigmentation as well as very rare side effects such as scarring and permanent discoloration.
7.6. The cost of a single treatment is double the cost of a course of treatments
8. BOTULINUM TOXIN TOP UP/REVIEWS
8.1. Routine review appointments are offered after treatment with Botulinum Toxin as a courtesy. At this review you may be offered a complimentary additional treatment or ‘top up’ if it is clinically required;
8.2. Complimentary ‘top-up’ treatments must be taken 2-3 weeks after the initial treatment. If you are unable to attend the review appointment within this time period, no additional complimentary treatment or ‘top-up’ will be provided.
9. DERMAL FILLER TOP UPS
9.1. Dermal filler top ups are chargeable.
10. VALUE PACK COURSES
10.1. Value packs such as Hydrafacial courses cannot be refunded, they can only be exchanged for alternative treatments.
11.1. We do not permit you to be accompanied at the clinic’s premises by any children under the age of 16 as we do not have an appropriate member of staff to supervise them;
11.2. We do not permit children to accompany you into the treatment rooms. If a patient brings any children with them they must have an accompanying adult to chaperone the child whilst the patient is being consulted or treated.
11.3. Failure to bring an adult chaperone with any children will result in the consultation/treatment being cancelled and loss of consultation fees and/or deposit.
12. MOBILE PHONES
We respectfully ask that when attending the clinic all mobile phones are switched off or silenced. Any unauthorised videography will be confiscated and deleted with or without consent.
13.1. Every effort will be made to ensure you have the best possible outcome but as with all medical procedures there can be a spectrum of results. . As individuals differ in their responses to and the outcome of, the treatment, no clinical or financial guarantees can be given.
13.2. Treatment fees cannot be refunded in the case of a sub-optimal result (including no result), or complications, as all fees paid are related entirely to the services provided i.e. professional time, expertise, product costs and other costs incurred in providing the treatment, and those costs are incurred irrespectively of the results achieved. Additional costs may occur should complications arise from the treatment and further treatment is required.
14. PRODUCT REFUNDS
14.1. Products purchased in the clinic or over the phone are non-refundable unless they are faulty;
14.2 Faulty products will need to be returned to the clinic for an assessment before a refund can be processed.
15. RISK OF CLINICAL COMPLICATIONS
15.1. The health and safety of our patients is at the heart of all we do and while we will do our very best to ensure a satisfactory outcome, no clinical procedure is entirely risk-free and the results of any particular procedure cannot be guaranteed;
15.2. Although rare, some procedures have well documented complications and these together with your personal risk will be discussed during Your consultation and documented in the patient information leaflet and consent form;
15.3. If you experience a complication and need to see our chief medical officer urgently you may have to travel to an alternative clinic where our chief medical officer is working on that day;
15.4. Many complications can be managed simply and conservatively and we will, of course, treat these to the best of our abilities and knowledge. However, in the unlikely event of a complication being more serious and you needing further treatment outside of our expertise, arrangements will be made for you to be treated in the HSE, or if you wish, privately at your own cost. Please be advised that private medical insurance may not cover complications arising from aesthetic treatments.
16. EQUIPMENT SAFETY
Your safety comes first. If at any time we discover, or have concerns, that any of our equipment or machines are not in proper, working condition, we will ask you to reschedule your appointment and thank you for your understanding.
17. DOCUMENTS AND RECORDS
17.1. All patients must complete a registration form and provide contact details including full name, date of birth, address, telephone numbers and email address;
17.2. All patients must complete a medical questionnaire at their first appointment, which is required for the consultation and treatment planning;
17.3. All patients will be asked to review and /or update their medical questionnaire at each appointment and will be asked to sign to confirm that their details remain accurate;
17.4. All patients will be asked to sign a consent form prior to any treatment. You have the right to change your mind to treatment at any time, even after you have signed the consent form;
17.5. We will keep records and case documents for each patient registered with us;
17.6. You have the right to request a copy of any documents which we may hold in relation to your care; and which we shall provide if you first pay a reasonable fee as determined by us;
17.7. Non disclosure of any medical conditions, treatments past present or future will waive, discharge the Sculpture Aesthetics Clinic ltd, it’s board, officers, independent contractors, affiliates, employees, representatives, successors and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury or death, that may be sustained by me related or unrelated to Covid-19 while participating in any activity while in, on our around the premises in Sandycove Road Clinic, Kenyon Street Nenagh clinic or while using ANY of the facilities that may lead to unintentional exposure or harm.
18. MENTAL HEALTH DISORDERS AND AESTHETICS
18.1. It is important that all patients considering aesthetic treatments have realistic expectations that focus on improvement rather than perfection. Complications or less that satisfactory results are sometimes unavoidable, may require additional treatment and can be stressful.
18.2. All patients must openly discuss with their practitioner, prior to treatment, any history they may have, of significant emotional depression, anxiety or mental health disorders.
18.3. Although many individuals many benefit psychologically from the results of aesthetic treatments, effects on mental health cannot be accurately predicted.
19. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
19.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) / The Data Protection Act 2018 and your rights under the GDPR; For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our privacy notice available from the clinic manager.
20. LIMITATION OF LIABILITY
20.1. Sculpture Aesthetics Clinic Ltd will not be liable in contract, tort or otherwise for any economical loss (including, without limitation, loss of profit) or for any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of any services and/or goods to the patient;
20.2. It is the patient’s responsibility to ensure that he or she provide Sculpture Clinic with all the relevant medical details prior to each treatment. Sculpture Clinic will not be liable for any damage that occurs as a result of the patient’s failure to disclose such details;
20.3. The patient agrees to comply with all instructions and/or recommendations given to them, or on behalf of Dr Nema’ Sculpture Clinic regarding their aftercare. Nothing in these Terms and Conditions shall exclude or limit; Sculpture Clinic’s liability for death or personal injury as a result of our breach of these Terms and Conditions or as a result of our negligence.
All feedback is appreciated, both positive and negative. Feedback is used to review and improve the quality of service. You may submit your feedback verbally, in writing, via email, on social media or via the clinic website.
We always welcome feedback from our patients and, whilst we always use all reasonable endeavours to ensure that your experience as a patient of ours is a positive one, we nevertheless want to hear from you if You have any cause for complaint. If you have a complaint about our services or any other complaint about the clinic or any of our staff, please raise the matter with the clinic manager who can be contacted at the clinic or by phone or email or post.
23. CHANGES TO TERMS AND CONDITIONS
We may from time to time change these Terms and Conditions without notice, but an up to date version will be available on our website.
24. NO WAIVER
No failure or delay by us or you in exercising any rights under these Terms and Conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and Conditions means that we or you will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
26. LAW AND JURISDICTION
26.1. These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the Republic of Ireland.
26.2. Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between You and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Republic of Ireland.
27. ENTIRE AGREEMENT
27.1 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
27.2 Each party acknowledges that in entering into these Terms and Conditions it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms and Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms and Conditions.
28. THIRD PARTY RIGHTS
28.1 These Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) to enforce any term of the agreement.
29. SOCIAL MEDIA CONSENT (TO INCLUDE, PRINT, PAPER, DIGITAL, VIDEO AND SOCIAL MEDIA)
29.1. Upon you the client signing consent for his or her image to be used for promotional and social media use, you grant Sculpture Clinic and Dr Nema and it’s designees the right in perpetuity to use your name, likeness, image, voice, appearance, and performance as embodied in the product whether recorded on or transferred to video files, photographs, audio tapes, or other media, now known or later developed.
The Sculpture Clinic is a trading name of Sculpture Aesthetic Clinic Ltd Co