Terms & Conditions
Terms & Conditions for the provision of aesthetic services
Introduction – This document outlines the terms and conditions upon which our services are provided to you. In this document, references to “we”, “us”, or “our”, means Venus Medical Limited, Heritage House, Dundrum Office Park, Dundrum, Dublin 14 and references to “you”, or “your”, means a person who has entered into a contract with us to undergo our services.
1. Services – We will carry out the aesthetic procedure(s) (the “Services”) subject to the terms and conditions of this contract. The precise detail of the Services (including the location and date on which they shall be performed) shall be confirmed in writing directly to you by the doctor following your consultation.
We aim to perform the Services a minimum of 14 days from our receipt of your signed copy of this contract along with your signed Patient Consent Form. During this time you may cancel this contract in accordance with clause 2.
2. Cancellation rights – You may cancel this contract at any time up to 14 days after the date on which you sign. To cancel the contract you must send a letter to us. The letter can be sent by post, fax or by personal delivery.
Once you notify us that you are cancelling the contract, we will, subject to the following paragraph, within 30 days of receipt of your notice refund or re-credit to you any sum that has been paid by you or debited from your credit card for the Services.
If you cancel this contract outside the 14 day period we reserve the right to deduct such reasonable costs and expense we incur, from your deposit, before refunding or re-crediting any balance to you.
3. Patient consent – As well as any information provided to you by the doctor, we will provide you with general information and medical information regarding the Services. You may be asked to sign a consent form to indicate that you have read this information and understood it (“Patient Consent”).
4. Our obligations – We agree that:
- The Services will be performed with the appropriate skill and care;
- All Services will be performed by appropriately trained personnel at our clinic at Heritage House, Dundrum Office Park, Dundrum, Dublin 14
- We will (i) treat patients with honesty, empathy and transparency at all times, (ii) afford patients freedom of choice without any undue influence, and (iii) offer patients comprehensive and balanced procedure information.
5. Your obligations – You agree that:
- you shall provide Patient Consent in the manner specified by us;
- you shall provide all necessary personal, health, medical and related information to us upon request and shall inform us immediately of any change to any such information;
- you are responsible for reading and understanding all information provided to you by us regarding the Services;
- you are over the age of 18 and are not by virtue of age, physical or mental incapacity or otherwise prevented from entering into this contract; and
- you shall settle all fees and enter into such agreements as may be required by the surgeon not less than 1 day before your surgery date.
6. Fees – The fee quotation for the Services shall be provided by the Venus Medical team during your consultation. The fee quotation is valid for 30 days from the date of the quotation. We accept credit card (Visa, Mastercard or American Express), cash, bank draft or cheque (providing cheques are received a minimum of 10 working days prior to provision of the Services). Cheques and bank drafts should be made payable to Venus Medical, Ltd. Post-dated cheques are not acceptable.
In order to secure an appointment at the clinic, credit card details are required. The charge for a consultation with Dr Prendergast is €90. This is redeemable against treatments or procedures completed within six months of your consultation. Consultation fees are not redeemable against products or IV infusions. Please note, we require at least 24 hours notice by telephone or email (email@example.com) to cancel or postpone your appointment. Due to high demand for bookings, your card will be charged the consultation fee of €90 if you do not cancel or postpone at least 24 hours before your scheduled appointment or do not show up.
A booking deposit of 50% of the procedure fee is required when booking certain procedures, including VASER, MiraDry, Ultherapy, FaceTite, the One-Stitch Facelift and certain other procedures. This will be explained to you during your consultation.
7. Limitation of liability – We aim to carry out the Services with the appropriate care and skill. If any part of the Services is performed negligently or in breach of the provisions of this Contract then, upon your request in writing, we will re-perform the relevant part of the Services if possible.
Provided that we have provided the Services with the appropriate skill, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price paid to us by you in respect of the Services.
Except to the extent permitted by law, we will not be liable to you for any:
- indirect or consequential loss, damage or expenses; or
- loss of earnings; howsoever arising out of any negligence or breach of this contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund the price paid to us by you.
8. Complaints procedure – In the event that you are not satisfied with any aspect of the Services provided by us, you should contact us. You may be required to submit your complaint in writing signed by you. Our Complaint Policy shall apply to any complaints received by us and a copy of this Policy is available upon request in writing to us.
9. Data protection – We take our data protection obligations very seriously and respect your right to privacy and comply with our obligations under the Data Protection Acts, 1988 and 2003. By entering into this contract you agree that we may:
- We keep your patient data for clinical purposes;
- use before and after photographs, but only where you have given express written consent; and At no time shall we, without your prior written consent:
- use your patient data to generate mailshots or direct advertising;
- divulge or sell your patient data to 3rd parties; or
- use any patient data in any testimonial you may provide.
10. Intellectual property rights – Title to, ownership of and all intellectual property and proprietary rights in all ideas, concepts, know how or techniques, software and documentation developed or utilised by us in providing the Services shall be vested in and remain with us.
11. Term and termination – This contract shall remain in effect for the duration of the Services, unless terminated earlier.
As well as our other rights, we reserve the right to terminate this contract immediately upon notice to you and to claim for any losses or expenses incurred by us or to suspend the provision of the Services until further notice if:
- you do not make payments when they are due;
- Patient Consent has not been provided by you;
- you do not perform or observe any other obligation under this contract and where you have breached this contract and that breach can be remedied, you fail to remedy the breach within the reasonable time specified by us in our written notice requiring you to do so;
- we no longer offer or are unable to offer the particular Services that you have requested;
- we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services or at any time during the provision of the Services;
- we or any of our staff, acting reasonably, form the opinion that you are not a suitable candidate for the Services; or
- we are required to comply with an order, instruction, regulation or request whether by a regulatory or competent authority or otherwise.
Assignment – This contract is personal to you and therefore you may not assign or transfer it to any other person. For business reasons, we reserve the right to assign this contract to any company or person.
Modification – No addition to, or modification of, any provision of this contract shall be binding on us unless made by a written instrument and signed by you and our duly authorised representative.
Illegality – The invalidity, illegality or unenforceability of any provision of this contract shall not affect or impact the continuation in force of the remainder of this contract.
Third Parties – Nothing in the contract gives any right to any third party to enforce any provision under this contract.
Law –This contract is governed by Irish law and subject to the exclusive jurisdiction of the Irish courts.