General Terms and Conditions (GTC)
1. What are our services?
We provide services and sell products in the field of hair and skin medicine (hereinafter "services"). In particular, we offer autologous blood therapies (this is an autologous blood treatment of the hair roots or skin, Medical needling, wrinkle treatment, filler/skinbooster and hair transplantations (hereinafter "treatments").
2. Who are we?
(1) The services are provided by Hair and Skin Medical AG ("HAIR & SKIN", "we", "us"), Neuwiesenstrasse 15, 8400 Winterthur. You can find more information about us here.
(2) For questions or other concerns, you can reach us best by: [email protected].
3. What do these Terms and Conditions (T&C) specify?
(1) These Terms and Conditions specify the legal relationship between you and HAIR & SKIN, for example when you register for an appointment and/or use our services.
(2) You and HAIR & SKIN are hereinafter collectively referred to as the "parties" and each individually as a "party".
4. Whom do we treat?
(1) Our services are directed at private individuals residing in Switzerland and are available to persons who are at least 18 years of age and capable of judgment.
(2) For persons under 18 years of age or incapable of judgement, treatment is only possible with the written consent of a legal representative. We recommend that a legal representative be present at all appointments.
(3) Of course, we can only treat persons who are suitable for the respective treatment. Therefore, it is a mandatory prerequisite for treatment that the suitability assessment is positive.
(4) By agreeing to these Terms and Conditions, you confirm that these requirements are met.
5. How does the treatment work?
5.1 Appointment booking, suitability check, treatment plan, modifications.
(1) The first thing you do is book an appointment with us, preferably through our Website. If our capacities allow it, you are welcome to visit one of our locations without a reservation and take the suitability check for the treatment you want ("walk-in").
(2) At the suitability check, you will be informed about which treatment is appropriate for you. In order to determine your suitability for hair treatment, our doctors will also take a high-resolution photo of your scalp ("hair scan"), which will be used to analyse your hair. A number of high-resolution photos of your skin ("skin scan") will be taken to assess your suitability for a skin treatment and your skin will be analysed. The suitability check is subject to the current prices at the time, unless it is expressly offered free of charge.
(3) If you are suitable for the treatment you want, we will prepare your treatment plan with your consent. The treatment plan will give you information about the course of your treatment and the possible results.
(4) After discussing the treatment plan, you can decide whether you want to undergo the treatment or not. If you agree, you will receive an offer from us, which is valid for one month ("acceptance period").
(5) The contract for your treatment is concluded when you accept the offer (usually as soon as you have signed it electronically and/or processed your partial or full payment).
(6) If your acceptance is made after the acceptance period has expired, it constitutes a new offer on your part, which is considered accepted when we confirm this to you in writing (e.g. by e-mail).
(7) As soon as the contract has been concluded, you can obtain your ordered services within 14 months. Services that have not been claimed within this period will expire at the end of the 14 months. (8) Generally, there is no entitlement to treatment at a specific location. We will of course endeavour to accommodate your wishes regarding location as best we can. However, you agree that we can provide your treatment at any of our locations and also at several locations.
5.2 Direct Booking
(1) On our website you can book single treatments or treatment packages as well as the first treatment appointment directly. If you book a package with multiple appointments, we will schedule the additional appointments after your first treatment.
(2) Please read our patient information carefully before the treatment and ask us your questions. You will again be informed about the chosen treatment on site, before the actual treatment, and you will have an additional opportunity to ask questions there.
(3) When booking an initial appointment via direct booking, the contract for the treatment is concluded as soon as we send you an appointment confirmation.
5.3 Hair transplantation
(1) If you have decided to undergo hair transplantation with us and have already paid for your treatment (see section 7 "How do you pay for your treatment?"), we will arrange your treatment appointment with you. At this appointment we will perform the hair transplantation. Then, the results will be checked in up to six follow-up visits. These check-ups are included in the price.
(2) During hair transplantation, your own healthy hair is removed under local anaesthesia and then transplanted to a bald spot. We only offer hair transplantation using the so-called FUE method (FUE stands for "Follicular Unit Extraction"). You can find more information about this method here.
(3) To make sure that the transplanted hairs do not lack anything, we recommend that they are strengthened afterwards with a autologous blood treatment (see section 5.3).
5.4 autologous blood treatment
(1) If you have decided to undergo autologous blood treatment (hair and/or skin) with us and have already paid your treatment costs (see section 7 "How do you pay for your treatment?"), we can perform your treatment directly after your payment (i.e. directly on the day of the suitability check) or, if this fits better into your schedule, we can arrange the first treatment appointment with you.
(2) In the Autologous Blood Treatment – Hair, your own blood is used to supply nutrients to your hair roots. This supports the development of the hair root and promotes hair regeneration. In the autologous blood treatment – Skin, your own blood is used to supply your skin with growth nutrients.
(3) A autologous blood treatment usually consists of four to eight sessions and a scan approximately one month after the last session so that the results of the treatment can be checked ("follow-up").
(4) After the treatment, follow-up treatments may be recommended. Together with the doctor treating you, you will determine the ideal frequency of follow-up treatments for you, if this is what you want. The follow-up treatments can be booked at the current prices at that time.
5.5 Medical needling
(1) If you have decided to book a Medical Needling with autologous blood treatment (skin) with us and have already paid your treatment costs (see section 7 "How do you pay for your treatment?"), we can carry out your treatment directly after your payment or we can arrange the first treatment appointment with you.
(2) During a medical needling with autologous blood treatment, very fine needles penetrate your skin between 0.5 and 2 millimeters with the help of a Needlingpen. This stimulates cell renewal, blood circulation and collagen production.
(3) A medical needling with autologous blood treatment usually consists of six sessions always in combination with a skin scan about four weeks after the last session, so that the results of the treatment can be checked ("follow-up").
(4) If you wish, follow-up treatments are possible so that the results last longer. The follow-up treatments can be booked at the current prices at that time.
5.6 Wrinkle treatment
(1) If you have decided to book a Wrinkle Treatment with us and have already paid your treatment costs (see section 7 "How do you pay for your treatment?"), we can perform your treatment directly after your payment or we can arrange the first treatment appointment with you.
(2) During a Wrinkle treatment, the protein is injected into the muscle to temporarily immobilise the muscle and thereby smooth the skin.
(3) A wrinkle treatment usually consists of one treatment. In addition, we offer a "follow-up treatment" if the desired result was not achieved. If you wish, follow-up treatments are possible so that the results last longer. The follow-up treatments can be booked at the current prices at that time.
5.7 Filler/Skinbooster treatment
(1) If you have decided to have a filler or skin booster treatment with hyaluronic acid and have already paid for your treatment (see section 7 "How do you pay for your treatment?"), we can perform your treatment directly after your payment (if the given requirements are met) or arrange the first treatment appointment with you.
(2) In the filler treatment, hyaluronic acid is injected to generate volume. In skinbooster treatment, hyaluronic acid is injected to improve skin quality.
(3) Filler treatment usually consists of one treatment. The skinbooster treatment consists of 3 treatments (1 treatment per month).
(4) If you wish, follow-up treatments are possible so that the result lasts longer. The follow-up treatments will be charged additionally.
6. Prices
(1) The prices for the treatments ("treatment costs") will be given to you in our offer as soon as you request one after the suitability check. Prices announced in any other way (especially verbally, in brochures or on the website) are not binding and do not constitute an offer.
(2) If you decide after the conclusion of the contract to book additional treatments (e.g. additional hair transplantation, autologous blood treatment, Medical Needling or Wrinkle treatment), the treatment costs will be adjusted accordingly or the further treatments will be charged additionally.
7. How do you pay for your treatment?
7.1 General
(1) The treatment costs are to be paid in full before your treatment, usually following your suitability check. We reserve the right to discontinue our services if the invoice is not paid.
(2) Alternatively, if the requirements are met, you can also pay half of your treatment costs following your suitability check and pay the other half at your first treatment appointment or, in the case of a hair transplant, three weeks before the treatment. We also offer instalment payments if the conditions are met (see section 7.2).
(3) You agree to pay in full any fees or other transaction costs that may be incurred when transferring money to our bank account.
(4) Payments must be made in Swiss francs (CHF).
7.2 Payment in instalments via MFG
(1) If you would like to pay the treatment costs in instalments, this is possible under given conditions via the third-party provider MF Group AG ("MFG"), Bohl 6, 9004 St. Gallen. This instalment payment is a payment on account with an instalment option. This option is not available for wrinkle treatment.
(2) If you pay via MFG, you agree that we assign our claims against you to MFG. Please read the Terms and Conditions of MFG before you decide to do so. Fees and interest may apply. Only MFG is responsible for questions regarding the invoice and all other questions related to the payment. If you have any complaints about MFG's handling of your payment, please directly contact MFG ([email protected]) by email.
(3) Even if you pay in instalments via MFG, we are entitled to stop our services if you do not pay your invoices on time.
8. Postponement, non-appearance, delay, treatment termination
8.1 General
Please note that when we make treatment appointments with you, we reserve that time exclusively for you. We understand that there may be times when an unforeseen event occurs and you are unable to keep one of your treatment appointments or cannot keep it on time. If such circumstances occur to you, we ask that you contact us immediately by phone (the phone number for the appropriate location can be found here. Postponements by e-mail cannot be considered.
8.2 Postponement, non-appearance, delay
8.2.1 Postponement, non-appearance, delay, non-compliance with preoperative instructions
(1) Postponement, non-appearance for hair transplants: if you have to postpone your hair transplant, you agree to pay the following fee:
- CHF 300.00: up to 30 days before the appointment
- CHF 1,000.00: up to 14 days before the appointment
- CHF 1,500.00: less than 14 days before the appointment or if you do not show up for the appointment (2) Postponement, non-appearance for autologous blood treatment, medical needling, filler, skin booster and all other treatments: you can postpone your treatment listed under this point (2) at least 48 hours before your appointment free of charge. It is no longer possible to reschedule less than 48 hours before your appointment. In this case, your entitlement to the treatment agreed on this date will lapse without any entitlement to compensation or (partial) reimbursement. The same applies if you do not turn up for the agreed appointment. (3) Cases of hardship: in the event of hardship (e.g. accident, death of a first-degree family member shortly before the appointment), it may be necessary as a gesture of goodwill to determine the consequences of the postponement depending on the individual case. However, there is no entitlement to such hardship arrangements. If you have a case of hardship, you can submit a corresponding application to [email protected] – the documents supporting your case of hardship must be attached to the application. (4) Postponement by us: it may happen that we also have to postpone a treatment appointment (e.g. because our staff are unavailable due to illness). If we postpone a treatment appointment, we will arrange an alternative appointment and the treatment will continue. We may postpone treatment appointments at any time and as often as necessary; in doing so, you are not entitled to compensation or cancellation of the treatment. (5) Delay, non-compliance with pre-operative instructions: if you arrive late at the agreed location for one of your treatment appointments, you are only entitled to treatment during the agreed treatment time. If your delay causes additional costs (e.g. because our staff must work overtime), you undertake to pay these. If the treatment cannot be performed due to your delay or failure to comply with your doctor's pre-operative instructions, the legal consequences are the same as if you had not turned up for the appointment (see sections (1) and (2) above).
8.3 Treatment termination
Please note that your treatment begins with your first treatment appointment (even if you postpone it or miss it due to lateness or non-appearance). Treatment termination before the first treatment appointment has been agreed is deemed to be a cancellation (see section 8.3.1) and later a discontinuation (see section 8.3.2).
8.3.1 Treatment cancellation
You can cancel your treatment as follows: (1) Hair transplantation: if no treatment appointment is made, a charge of 30% of the treatment cost will be incurred. (2) autologous blood treatment, medical needling, filler, skin booster and all other treatments: if no treatment appointment has been made, a cancellation fee of 20% of the treatment costs will be charged.
8.3.2 Treatment cancellation
(1) After the start of the treatment (see section 8.3), both you and we are free to discontinue the treatment at any time. The treatment is discontinued if this is communicated in writing (e.g. by e-mail) or clearly indicated in some other way (e.g. non-compliance with the treatment plan).
(2) If you cancel (no refund): if you cancel treatment, for whatever reason, you agree not to be entitled to a (partial) refund of your treatment costs. This applies in particular if you postpone the first treatment appointment or miss it due to lateness or non-appearance and then cancel the treatment.
(3) If we cancel (no refund): we have the right to cancel your treatment,
- if you fail to show up twice or show up late (see section 8.2.1) for one of your treatment appointments,
- the attending doctor considers the treatment to be no longer responsible from a medical point of view (e.g. non-compliance with the doctor's instructions, failure to provide relevant information during the suitability check, etc.).
Also in this case, you agree not to be entitled to (partial) reimbursement of your treatment costs.
(4) As a rule, treatment cannot be resumed once it has been discontinued. If in such a case a resumption is reasonable and indicated, we will submit a new offer to you.
9 What are you obligated to do?
(1) You undertake to act in good faith and, in particular:
- provide truthful information about your person, health and physical condition;
- provide us with your correct contact information;
- be solvent when ordering our services;
- to notify us immediately of any inability to pay that occurs during treatment;
- to follow our instructions when using our services (especially our care and use instructions, e.g. do not damage the scalp by rubbing or scratching, do not use aggressive shampoos, do not exert yourself physically); and
- to provide us only with information and records that you are entitled to receive and that may be shared with us.
(2) If you fail to comply with these obligations, we may refuse to provide you with our services. You also agree to pay any costs incurred by us as a result.
10. What are your rights if the treatment does not go as expected?
(1) We draw your attention to the fact that we cannot guarantee the success of the treatment, because each person responds individually to the treatments.
(2) If the treatment does not lead to the desired result and you are not satisfied, we ask you to contact us so that we can examine your concerns.
(3) There are no claims such as warranty rights (rectification, reduction or similar) if the treatment does not lead to the desired result or does not correspond to what you hoped from it.
(4) We will try to find a suitable solution together.
11. Patient information
(1) The Patient Information gives you information about how the treatments work and what risks and side effects may occur.
(2) Please read the Patient Information carefully and ask us any questions you may have.
12. Disclaimer
(1) You assure us that you have familiarised yourself with and accept the risks and side effects of the treatments.
(2) You agree to fully indemnify us and not to make any claims should any risks or side effects occur and cause any damage. This is especially true if you do not follow the doctor's instructions before or during your treatment.
(3) You also understand and agree that we are not responsible for restoring your original hair volume, smoothing wrinkles completely, or providing or paying for any other treatment.
(4) To the extent permitted by law, liability for ordinary negligence is excluded.
13. Privacy
(1) In the Privacy Policy we inform you how we process and protect your personal data. By using our services, you agree to this.
(2) For legal reasons, we keep your patient records for 20 years.
14. Reference customers
When you have a treatment with us, you consent to us taking pictures of your scalp and using them anonymously for promotional purposes ("before and after pictures" on our website, social media channels, etc.). You may revoke this permission in part or in full at any time.
15. Completeness of the contract
(1) These T&C, together with the documents you sign when ordering treatment, the Patient Information and the Privacy Policy, specify all rights and obligations of the parties in connection with the services we provide.
(2) Changes, side agreements and additions require a written confirmation (e.g. by e-mail) to be effective.
16. Waiver of rights
If a party fails to perform any part of the contract and the other party does not insist on proper performance, it does not thereby waive the right to performance of other parts of the contract.
17. Severability clause
If one or more provisions of these T&C are invalid or ineffective, the remaining provisions shall remain unaffected. The parties shall replace the invalid or ineffective provisions with those that are valid and effective and best reflect the original intention of the parties and, if possible, lead to the same economic result.
18. Amendment of these T&C
(1) We may change these T&C at any time. We will notify you of the change in an appropriate manner.
(2) Without your written (e.g. e-mail) objection within one month after we have informed you, the changes are considered approved.
(3) The current version of these T&C is available on our website.
19. Applicable law and jurisdiction
(1) Swiss law is applicable to all claims of the parties in connection with the services provided by us.
(2) The parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.
Winterthur, 14 March 2024