Dr. General terms and conditions for provision of services of Mari Laasma Beauty Clinic
1. SCOPE OF GENERAL TERMS AND CONDITIONS
1.1. The general terms and conditions govern the mutual rights and obligations of the Patient and Dr. Mari Laasma Beauty Clinic (hereinafter: "ML Beauty Clinic") in the provision of Healthcare and Beauty Services by ML Beauty Clinic to the Patient.
2. DEFINITIONS
2.1. General Terms and Conditions – these general terms and conditions.
2.2. ML Beauty Clinic – the beauty clinic of Dr. Mari Laasma, a legal person under the name Marimed OÜ (registry code 14794883).
2.3. Patient - a person who is provided with Health Care or Beauty Services by ML Beauty Clinic or who has expressed such wish to ML Beauty Clinic.
2.4. Health Care Service – the activities of a health care worker of ML Beauty Clinic for disease prevention, diagnosis and treatment; also the activities and procedures of a health care worker of ML Beauty Clinic for improving the quality of life of the Patient through significant intervention in the body of the Patient. Health Care Services include treatment of skin diseases, injections and surgical procedures.
2.5. Beauty Service – the activities of an employee of ML Beauty Clinic, targetted at maintaining the good health or increasing the quality of life of the Patient, but not qualified as a health service under the current legislation. Beauty Services include facial treatments that do not involve significant intervention in the body of the Patient.
.6. Service – Healthcare and Beauty Services as a whole, provided by ML Beauty Clinic. The Services offered by ML Beauty Clinic are listed on the ML Beauty Clinic website at https://mlilukliinik.ee, the list may change over time. ML Beauty Clinic is not obliged to provide all the services listed on the website, and ML Beauty Clinic may also offer services other than those listed on the website.
3. MAKING AN APPOINTMENT AND CONCLUDING THE CONTRACT
3.1. The Patient can express his or her wish to register for a Service in the following ways:
3.1.1. on ML Beauty Clinic website https://mlilukliinik.ee/;
3.1.2. by phone at the number and during the office hours provided on the ML Beauty Clinic website https://mlilukliinik.ee/;
3.1.3. by e-mail address info@mlilukliinik.ee;
3.1.4. at the reception desk of ML Beauty Clinic.
3.2. The Patient has been registered for a Service, if ML Beauty Clinic has provided the Patient with such confirmation. If ML Beauty Clinic has submitted no confirmation to the Patient, the Patient does not have a valid registration.
3.3. Service registration requests submitted through the ML Beauty Clinic website are confirmed by ML Beauty Clinic by e-mail in minutes after the Patient has submitted the registration request. If the Patient has received no confirmation of registration from ML Beauty Clinic in half an hour, the Patient is advised to contact ML Beauty Clinic by phone or e-mail to register for the Service.
3.4. Registration requests submitted by e-mail are confirmed by ML Beauty Clinic by e-mail in two working days at the latest. Should the Patient not receive the registration confirmation from ML Beauty Clinic in this period of time, the Patient is advised to contact ML Beauty Clinic again by phone or e-mail to register to the Service.
3.5. In general, registration requests submitted by phone and at the reception desk of ML Beauty Clinic are confirmed by ML Beauty Clinic immediately, and in exceptional cases at a later point of time of which the Patient is notified.
3.6. ML Beauty Clinic registers the Patient to the first available time slot or a later available time slot as requested by the Patient.
3.7. With the registration of the Patient to an appointment at the ML Beauty Clinic, a contract for the provision of a Service is considered concluded between the Patient and ML Beauty Clinic. The contract for the provision of a Service consists of General Terms and Conditions, ML Beauty Clinic Privacy Policy and individual conditions agreed with the Patient orally or in writing. Additionally, the legal relationship between the Patient and ML Beauty Clinic is governed by the internal rules of ML Beauty Clinic (such as the appointment hours of doctors, internal rules and waiting lists) as well as applicable legislation. The General Terms and Conditions apply to the Patient also when requesting registration to a Service.
3.8. The contract for the provision of a Service is terminated by agreement between the parties or on the grounds provided in legislation (incl. the Health Care Service is no longer provided or the provision of the Health Care Service transferred to another healthcare service provider). The contract for the provision of service is terminated also when the Patient fails to show up for the appointment or procedure or if the Patient does not allow ML Beauty Clinic to provide him/her with the Service. The termination of the contract does not affect the rights and obligations already arising from the Contract, including the obligation of the Patient to pay the fee.
3.9. The Patient may cancel the contract for the provision of Service at any time without disclosing the reason; however, cancellation of the contract does not affect the rights and obligations already arising from the contract, incl. the obligation of the Patient to pay the fee. The contract for the provision of Service is deemed, among other, cancelled by the Patient, when the Patient fails to show up for the appointment or procedure or if the Patient does not allow ML Beauty Clinic to provide him/her with the Service.
4. CANCELLATION OF APPOINTMENT BY THE PATIENT
4.1. If the Patient is unable to attend the appointment at the registered time, he or she informs ML Beauty Clinic thereof as soon as possible, but at least 24 hours before the beginning of the appointment, using one of the following methods:
4.1.1. by calling on the phone number and during the opening hours stated at ML Beauty Clinic website https://mlilukliinik.ee/;
4.1.2. by e-mail address info@mlilukliinik.ee;
4.1.3. at the reception desk of ML Beauty Clinic.
4.2. If the Patient notifies ML Beauty Clinic about the withdrawal from the appointment as described in clause 4.1, ML Beauty Clinic cancels the appointment of the Patient and books a new appointment for the Patient upon such wish.
4.3. If the Patient fails to notify ML Beauty Clinic about withdrawal from an appointment as described in clause 4.1, ML Beauty Clinic has the right to request from the Patient the Service fee stated in the price list of ML Beauty Clinic, in order to cover the costs arising from preparations for readiness for the Service.
5. COMING TO THE APPOINTMENT
5.1. If the Patient is more than 10 minutes late to the appointment, ML Beauty Clinic has the right to refuse to provide the Service and to request from the Patient the Service fee stated in the price list of ML Beauty Clinic, in order to cover the costs arising from preparations for readiness for the Service.
5.2. The Patient is obliged to present an ID with a photo (ID card, passport or driver's license) at the appointment at ML Beauty Clinic. In case of failure to present such document, ML Beauty Clinic has the right to refuse to provide the Service and to request from the Patient the Service fee stated in the price list of ML Beauty Clinic, in order to cover the costs arising from preparations for readiness for the Service.
6. PROVISION OF THE SERVICE AND COOPERATION BETWEEN THE PATIENT AND ML BEAUTY CLINIC
6.1. The Patient and the employees of ML Beauty Clinic shall conduct themselves in a polite manner and show respect towards each other.
6.2. With the Contract for the Provision of Service, ML Beauty Clinic undertakes to provide the Patient with the Service and the Patient undertakes to pay for the provision of the Service in accordance with the General Terms and Conditions, while the Patient also undertakes to disclose all the circumstances necessary for the provision of the Service and provide assistance required for ML Beauty Clinic in providing the Service.
6.3. The Patient and ML Beauty Clinic work together for the best possible result. The Patient follows the recommendations of ML Beauty Clinic in changing his/her habits and lifestyles with the objective of maintaining the good health of the Patient and improving his or her quality of life.
6.4. As a rule, ML Beauty Clinic provides the Service in the Estonian language and is under no obligation to provide the Service in any other language. ML Beauty Clinic provides the Service in another language in agreement with the Patient, taking into account the language skills of the Patient and the ML Beauty Clinic employee directly providing the Service.
6.5. ML Beauty Clinic follows the Privacy Policy published on the ML Beauty Clinic website . The Pricacy Policy also explains the data protection rights of the Patient.
7. SPECIFIC CONDITIONS IN THE PROVISION OF HEALTH CARE SERVICES
7.1. If the Service provided is a Health Care Service, ML Beauty Clinic undertakes to notify the Patient in addition to what is stated in
7.1.1. clauses 6.2 and 6.3 of the General Terms and Conditions also about examination results and the state of health of the Patient, possible illnesses and related progress, the availability, nature and purpose of the required Health Care Service, dangers and consequences entailed with the provision of the latter, and other possible health care services, unless the Patient does not wish to receive the information and this does not damage the legitimate interests of the Patient and other persons;
7.1.2. receive the informed consent of the Patient for the provision of the Health Care Service prior to the provision of the Health Care Service (no rquirements to the form, but formal ML Beauty Clinic has the right to ask a signed consent from the Patient);
7.1.3. to hold confidential any information about Patient's person, health state and private life, which have become known during the provision of the Health Care Service;
7.1.4. properly document the provision of the Health Care Service and store the respective documents.
.2. The Health Care Service must meet at least the general level of medical science at the time of providing the service, and be provided with the due care and diligence normally expected from a provider of health care services. If necessary, the health care professional must involve another specialist.
7.3. As any health care provider, ML Beauty Clinic cannot guarantee the healing of the Patient or achieveing a definite result.
7.4. ML Beauty Clinic and the health care professional directly providing the Health Care Service are responsible for the culpable breach of their obligations in providing the Health Care Service, in particular for errors of diagnosis and treatment and violation of the obligation to notify the Patient and receive his/her consent.
7.5. In the provision of the Health Care Service, ML Beauty Clinic is also responsible for the activities of the assisting persons and for the faults of the equipment used in providing the Health Care Service.
7.6. According to law, the fact underlying the responsibility of ML Beauty Clinic and the health care employee directly providing the Health Care Service must be proven by the Patient, unless the required documenting of the provision of the Health Care Service to the Patient has been neglected.
7.7. The limitation period for the Patient's claim for damages is five years from the time he or she became aware of the breach of obligation by ML Beauty Clinic or health care worker in the provision of the Health Care Service and of the occurrence of damage.
7.8. The Patient and, with the consent of the Patient, a person close to him/her have the right to receive information at a time and in a manner agreed in advance about the health of the Patient and the circumstances related to the provision of the Health Care Service. The Patient has the right to view and receive copies of documents containing his/her health data, unless provided otherwise by law. The first copies are issued to the Patient free of charge. The more detailed information of Patient's data protection rights and the procedure for exercising these rights are provided in the Privacy Policy published on the website of ML Beauty Clinic https://mlilukliinik.ee/.
8. PATIENT'S CONSENT TO THE PROVISION OF HEALTHCARE SERVICE
8.1. If the Service to be provided is a Health Care Service, ML Beauty Clinic provides it to the Patient only with the informed consent of the Patient.
8.2. It is presumed that by registering for an appointment, the Patient has given his/her informed consent to receive the Health Care Service.
8.3. ML Beauty Clinic is not responsible for any negative consequences arising from the provision of a Health Care Service, if the Health Care Service meets the general level of medical science at the time of provision of the service and an employee of ML Beauty Clinic has informed the Patient of the possible risks and consequences and the Patient has given his/her consent to the provision of the Health Care Service.
8.4. ML Beauty Clinic has the right to ask for Patient's consent to the provision of the Health Care Service in a written (signed) form or in the form of an e-mail prior to providing the Health Care Service, including before each procedure.
8.5. If the Patient has not understood the content of the Health Care Service or the associated risks in the opinion of an employee of ML Beauty Clinic, ML Beauty Clinic has the right to refuse the provision of the Health Care Service. ML Beauty Clinic has the right to refuse the provision of a Health Care Service even in case the Patient does not give his/her consent to the provision of the Healt Care Service in the form requested by an employee of ML Beauty Clinic.
8.6. The patient has the right to withdraw at any time the consent given for the provision of a Health Care Service. In such a case, ML Ilukliinik finishes providing the Health Care Service to the Patient and may ask the Patient to provide a written (signed) confirmation of the withdrawal of the consent. Cancelling a Health Care Service by withdrawing the consent shall not release the Patient from the obligation to pay the Health Care Service fee specified in the price list of ML Beauty Clinic, to cover the costs of ML Beauty Clinic.
8.7. If the Patient has limited legal capacity, then his/her legal representative (a parent of a minor and a guardian appointed by the court for an adult) has the right to give the informed consent on behalf of the Patient for the provision of the Health Care Service and to withdraw it in so far as the Patient himself/herself is not able to weigh the pros and cons responsibly. If the decision of the legal representative of a Patient with limited legal capacity clearly harms the interests of the Patient, ML Ilukliininik cannot follow it.
9. SERVICE PRICE AND PAYMENT
9.1. The Patient shall pay for the Service according to the price list valid on the day of submitting the appointment application to the reception, published on the ML Beauty Clinic website https://mlilukliinik.ee/and made available at the reception of ML Beauty Clinic, and based on a more detailed verbal or written agreement between the Patient and ML Beauty Clinic. The price list published on the website is indicative and depends on the individuality of the Patient and the technical solution of the operation/procedure.
9.2. ML Beauty Clinic has the right to change the price list of Services.
9.3. The Health Insurance Fund does not take over the obligation to pay for the Services provided to the Patient by ML Beauty Clinic.
9.4. Should it become necessary or the Patient express his/her will during the provision of the Service to provide the Patient with Services or carry out procedures for which the Patient has not registered and the price of which is unknown to the Patient, ML Beauty Clinic informs the Patient of the price of the respective Service or procedure and establishes, if the Patient wishes to receive the respective Service or procedure.
9.5. The Patient pays for the Service in full in cash or by card payment at the reception of ML Beauty Clinic immediately after receiving the Service or in 7 days on the basis of an invoice.
9.6. The Patient can also pay for the Service in installments, completing the formalities on the ML Beauty Clinic website https://mlilukliinik.ee/ >“Price list” > “Payment for Services in instalments”.
10. POSTPONEMENT OF AN APPOINTMENT BY ML BEAUTY CLINIC
10.1. ML Beauty Clinic has the right to postpone an appointment for the Service if:
10.1.1. this is reasonable in the opinion of ML Beauty Clinic, considering the condition of the Patient;
10.1.2. the provision of the Service is not possible at the appointment time due to an unforeseen organizational problem (such as an illness of a specialist or failure of a medical device.
10.2. ML Beauty Clinic informs the Patient about the postponement of the appointment as soon as possible and offer the first available appointment time by contacting the Patient with the contact details provided by the Patient to ML Beauty Clinic (phone or e-mail).
10.3. The Patient shall have no right to demand from ML Beauty Clinic any compensation of costs arising from the postponement of the appointment.
11. REFUSAL TO PROVIDE SERVICE
11.1. ML Beauty Clinic has the right to refuse to conclude a Contract for the Provision of Service or refuse to provide a specific Service under an existing Contract for the Provision of Service, if:
11.1.1. the Patient is late for the appointment, as provided in clause 5.1;
11.1.2. the Patient violates his/her obligations arising from the Terms for the provision of the Service agreed orally or in writing with ML Beauty Clinic, from General Terms and Conditions or legislation;
11.1.3. the Patient does not disclose to ML Beauty Clinic the information necessary for providing the Service;
11.1.4. the Patient violates the obligation to provide assistance to ML Beauty Clinic for the provision of the Service, for example, the Patient does not consent to the healthcare services entailed with the provision of the basic healthcare service, without which the provision of the basic healthcare service is impractical;
11.1.5. the employee of the ML Beauty Clinic cannot communicate with the Patient in a language he or she understands, and the Patient cannot involve an interpreter, wherefore the service may turn out to be unsuitable or dangerous to the health of the Patient;
11.1.6. in the view of the employee of ML Beauty Clinic, the Patient shows signs of intoxication upon arrival to the appointment;
11.1.7. the Patient has symptoms of a viral or other contageous disease; the patient has been in contact with a carrier of a viral or other contageous disease in the last 14 days; or in the opinion of ML Beauty Clinic, admitting the Patient to an appointment poses a risk to the health of the Patient or other persons for another reason;
11.1.8. the Patient behaves rudely to the ML Beauty Clinic employee;
11.1.9. the Patient conducts disorderly in the premises of ML Beauty Clinic;
11.1.10. the Patient violates the privacy of other Patients, employees of ML Beauty Clinic or other persons staying in the premises of ML Beauty Clinic, such as by photographing, sound recording or filming;
11.1.11. in the opinion of an employee of ML Beauty Clinic, the Patient could pose a threat to the employees of ML Beauty Clinic, other persons or property;
11.1.12. the Patient has arrears to ML Beauty Clinic for earlier Services;
11.1.13. the Patient requests a health care service, the provision of which to the Patient is not justified on medical grounds;
11.1.14. the Patient requests a service, the provision of which would entail a greater risk to the health of the Patient than not providing the service;
11.1.15. the Patient requests a service, the provision of which could set at risk the health of ML Beauty Clinic employee or a third party;
11.1.16. according to the activity license, ML Beauty Clinic does not have the right to provide the service requested by the Patient or is temporarily lacking the professional competence to provide the specific service;
11.1.17. the Patient has repeatedly (at least twice) cancelled or failed to be present at a registered appointment without notice;
11.1.18. the Patient requests that the Service be provided to him/her under conditions that contradict the General Terms and Conditions or legislation.
11.2. If ML Beauty Clinic refuses to provide a Service in accordance with the General Terms and Conditions for reasons arising from the Patient, this shall not excempt the Patient from the obligation to pay for the registered Service appointment according to the price list of ML Beauty Clinic, to cover the costs incurred for the readiness for the Service.
12. FEEDBACK AND COMPLAINTS
12.1. In case of a disagreement between the Patient and ML Beauty Clinic regarding the provision of a Service, it shall be settled through negotiations. If unable to reach an agreement, the dispute shall be settled in Harju County Court on the basis of Estonian law.
12.2. The Patient can submit feedback, complaints and suggestions to ML Beauty Clinic in relation to the provision of the Service
12.2.1. by phone at the number and during the office hours provided on the ML Beauty Clinic website;
12.2.2. by e-mail address info@mlilukliinik.ee;
12.2.3. by post at the address Meistri tn 22, 13517 Tallinn;
12.2.4. at the reception of ML Beauty Clinic at the address Meistri tn 22, 13517 Tallinn.
12.3. If the Patient wishes to receive an answer to his/her complaint, the Patient must also indicate in the complaint his/her contact e-mail address and personal identification number, which ML Beauty Clinic requires for presenting the reply.
12.4. Complaints submitted to ML Beauty Clinic by patients are registered without delay.
12.5. ML Beauty Clinic responds to submitted complaints in 30 days from the registration of the complaint. The reply is sent to the e-mail address provided by the Patient. ML Beauty Clinic does not respond to anonymous complaints or to complaints where it is stated that a response from ML Beauty Clinic is not required
12.6. The Patient has the right to contact the relevant supervisory authority, including the Health Board, for an assessment of the activities of ML Beauty (Paldiski mnt 81, 10617 Tallinn, website https://terviseamet.ee/et, e-mail aadressinfo@terviseamet.ee), Ministry of Social Affairs and Expert Committee of Healthcare Service Quality (Suur-Ameerika 1, 10122 Tallinn, e-mail: info@sm.ee).