S & S AESTHETICS CLINIC (PTY) LTD - TERMS AND CONDITIONS

2022/320327/07

New Era Health Day Clinic, 6th Floor

1 Mediterranean Street, Foreshore, Cape Town, 8001

 

  1. DEFINITIONS & INTERPRETATION
    1. Unless the context indicates otherwise:
      1. Business Day” means any day other than a Sunday and Monday or Public Holiday officially recognised as such in the Republic of South Africa;
      2. Quotation” means the formal statement by S & S AESTHETICS CLINIC (PTY) LTD setting out the cost and nature of the Services to be provided to the Client;
      3. the Client” means the natural and juristic person identified as the Client on the Quotation;
      4. Services” means the surgical (cosmetic and reconstructive surgeries) and invasive/non-invasive treatments which include laser treatments, skin care products, skin care treatments such as chemical peels, microneedling, platelet-rich plasma (PRP), facials, injectables (botulinum toxin, fillers), threads, and other related services in accordance with the instructions of the Client as detailed on the Quotation.
  1. INTRODUCTION
    1. These Terms & Conditions govern the provision of the Services by S & S AESTHETICS CLINIC (PTY) LTD to the Client.
    2. The Client is deemed to have read and understood these Terms and Conditions upon payment of any amount to S & S AESTHETICS CLINIC (PTY) LTD in terms of the Quotation.
  2. OBLIGATIONS OF S & S AESTHETICS CLINIC (PTY) LTD
    1. S & S AESTHETICS CLINIC (PTY) LTD shall render the Services in accordance with this Agreement and the Quotation and warrants that it has the ability, skill, expertise and experience to render the Services in a professional, complete, and proper manner.
    2. The Services shall be implemented in accordance with the Client’s instruction and the Quotation.
    3. The Client shall in no manner whatsoever be entitled to interfere with, or allow any interference with S & S AESTHETICS CLINIC (PTY) LTD, its’ employees, agents or subcontractors or with the completion of the Services, including but not limited to the giving of instructions or directions other than as set out in the Quotation and such as other terms as are agreeable to S & S AESTHETICS CLINIC (PTY) LTD.
    4. The Client shall not have any claim of any nature against S & S AESTHETICS CLINIC (PTY) LTD or any of its officers, employees, agents and contractors for any loss, damage or injury which any of them may directly or indirectly suffer as a result of the execution of the Services (save in so far as such loss, damage or injury is caused through S & S AESTHETICS CLINIC (PTY) LTD’s gross negligence).
  3. QUOTATIONS
    1. All quotations provided by S & S AESTHETICS CLINIC (PTY) LTD constitute an invitation for the provision of the Services in accordance with the Client’s specifications and do not give rise to any contract between the parties until payment has been received in full by S & S AESTHETICS CLINIC (PTY) LTD.
    2. No agreements for the delivery of the Services shall come into existence until such time as full payment has been made by the Client in terms of the Quotation.
    3. S & S AESTHETICS CLINIC (PTY) LTD reserves the right to vary or withdraw the Quotation at any time prior to the supply of the Services.
    4. Any figures provided by S & S AESTHETICS CLINIC (PTY) LTD in the Quotation are estimates only and may change at any time without notice.
    5. Quotations are valid for the time specified on the Quotation starting from the date of issue or where no time is specified, the Quotation is valid for 7 Business Days including the date of issue.
    6. An order will only be deemed to be placed by the Client if the Quotation clearly identifies the Services ordered and the Quotation has been paid in full or the Client has made such payment as stipulated by S & S AESTHETICS CLINIC (PTY) LTD in the Quotation.
    7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by S & S AESTHETICS CLINIC (PTY) LTD shall be subject to correction without any liability on the part of S & S AESTHETICS CLINIC (PTY) LTD. S & S AESTHETICS CLINIC (PTY) LTD reserves the right to change quotations due to increases in operating cost.
  4. PAYMENT
    1. The Client shall make payment strictly in accordance with the time periods and amounts stipulated in the Quotation. 
    2. If any amount in terms of the Quotation is due but unpaid and or not cleared, S & S AESTHETICS CLINIC (PTY) LTD may withhold the provision of the Services until overdue amounts are paid in full. This includes any payments being made by a third party on the Client’s behalf.
    3. S & S AESTHETICS CLINIC (PTY) LTD may in its complete discretion apply any payment received from the Client to any amount owing by the Client to S & S AESTHETICS CLINIC (PTY) LTD. 
    4. All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees (on the attorney and client scale) and internal costs and expenses of S & S AESTHETICS CLINIC (PTY) LTD, are to be paid by the Client as a debt due and payable under these Terms and Conditions.
  5. CANCELLATION AND REFUNDS
    1. S & S AESTHETICS CLINIC (PTY) LTD may cancel the provision of the Services without notice to the Client for which the Client shall have no claim against S & S AESTHETICS CLINIC (PTY) LTD.
    2. In the event of a cancellation by the Client for any reason – 
      1. The Client shall not be entitled to any refund in respect of the Service which has already been scheduled, or products already been ordered at the time of cancellation, however, the following will apply:
        1. Treatment packages/courses purchased by the client, will not be refunded should the Client decide to cancel (this applies to prior, during and after the commencement of the treatment package/course)
        2. The outstanding balance can be exchanged to a voucher which is not transferable and can be used for other treatments at the clinic, however, this would need to be requested by the Client in writing and approved by S & S AESTHETICS CLINIC (PTY) LTD.
        3. A refund for products purchased will only be refunded if returned unopened and unutilised. Should the product be open or utilised, the Client accepts that no refund will be applicable. 
      2. In the event that the Service has not yet been delivered at the time of cancellation by the Client, the Client shall be liable for a 50% (fifty percent) cancellation penalty in respect of planning and administration costs or such higher amount as stated by S & S AESTHETICS CLINIC (PTY) LTD in its sole discretion.
  6. DEFECTS 
    1. The Client shall notify S & S AESTHETICS CLINIC (PTY) LTD in writing within 48 hours of the delivery of the Services of any defects in the Service. In the event that no such notice is delivered the Client is deemed to have received the Services in good order and without defects.
    2. The Client shall allow S & S AESTHETICS CLINIC (PTY) LTD a period of 30 Business Days to remedy any defects to the Services.
    3. In the event of the Client providing incorrect information and/or or failing to instruct S & S AESTHETICS CLINIC (PTY) LTD correctly, the cost of rectification will be for the sole account of the Client.  
  7. Treatment Suitability
    1. S & S AESTHETICS CLINIC (PTY) LTD will always assess whether treatment is suitable for the Client, or likely to be successful before any Service is carried out. 
    2. If S & S AESTHETICS CLINIC (PTY) LTD deem the treatment unsuitable for the Client, S & S AESTHETICS CLINIC (PTY) LTD will inform the Client as to the reasons why, either face to face or in writing.  The Client will be liable for the cost of the initial consultation as well as any other reasonable fees where applicable.
  8. Refusal of Treatment
    1. S & S AESTHETICS CLINIC (PTY) LTD have the unlimited right to refuse to provide Service to any potential Client. 
    2. S & S AESTHETICS CLINIC (PTY) LTD specifically reserve the right to refuse to provide treatment to any potential Client who provides information or medical evidence relating to a contra-indicatory condition.
  9. EXCLUSION OF LIABILITY
    1. Due to the nature of S & S AESTHETICS CLINIC (PTY) LTD’s industry, the Client specifically indemnifies and holds S & S AESTHETICS CLINIC (PTY) LTD harmless and free from any claims in the event of each and any of the following events – 
      1. Any incorrect information provided and/or failing to note errors prior to the Services being rendered or after the Services have been rendered;
      2. Any delays in completion of the Services as a result of a delay by the suppliers of S & S AESTHETICS CLINIC (PTY) LTD;
      3. Any delays occasioned by the failure of the Client to provide any information required by S & S AESTHETICS CLINIC (PTY) LTD.
    2. It is the Client’s responsibility to ensure that he or she provides S & S AESTHETICS CLINIC (PTY) LTD with all relevant medical history and information about pre-existing medical conditions before the Service is delivered.
    3. Due to the nature or non-surgical and non-invasive treatments that S & S AESTHETICS CLINIC (PTY) LTD offer, S & S AESTHETICS CLINIC (PTY) LTD cannot guarantee results. Results will vary from person to person. Factors such as lifestyle, medical history and age can affect the Client’s results and the longevity of results. The results discussed and shown to the Client are from previous Clients and are typical, however the results are not guaranteed.
    4. S & S AESTHETICS CLINIC (PTY) LTD provides information regarding surgical (cosmetic and reconstructive surgeries) and invasive/non-invasive treatments which include laser treatments, skin care products, skin care treatments such as chemical peels, microneedling, platelet-rich plasma (PRP), facials, injectables (botulinum toxin, fillers), threads, and other related services. All S & S AESTHETICS CLINIC (PTY) LTD’s treatments are aimed at anti-aging and skin rejuvenation. It is intended to assist individuals to make an informed decision about the Services that S & S AESTHETICS CLINIC (PTY) LTD offer. S & S AESTHETICS CLINIC (PTY) LTD do not offer medical advice or diagnose any medical conditions.
  10. GENERAL PROVISIONS
    1. These Terms and Conditions and the Quotation constitutes the whole agreement between the parties in relation to the subject matter hereof and no party shall be bound by any representations, warranties, undertakings or the like not recorded herein.
    2. No addition to or variation, consensual termination or novation of these Terms and Conditions, and no waiver of any right arising from these Terms and Conditions or its breach or termination shall be valid or enforceable unless it is in writing and signed by all the parties or their duly authorised representatives.
    3. In the implementation of these Terms and Conditions, the parties undertake to observe the utmost good faith.
  11. POPIA
    1. The parties agree that they may obtain personal information during the duration of the Agreement for the fulfilment of the rights and obligations contained herein and may further only process such information for the specific purposes of complying with their obligations in terms of this Agreement. 
    2. The Parties agree that if personal information will be processed for additional purposes beyond the original purpose for which it was obtained, explicit written consent must be obtained beforehand from the other party. 
    3. Performing the obligations as set out in this Agreement, the Parties shall at all times: 
      1. comply with the provisions of all laws, which regulate the protection of personal data, including but not limited to the Protection of Personal Information Act
      2. comply with all laws, policies, and procedures relating to the protection, storage, handling, privacy, processing and retention of data as well as the destruction of data, including personal data;
      3. ensure that it shall not sell, offer for sale or dispose of or attempt to dispose of or create or allow the encumbrance over any personal data; 
      4. ensure that it does not disclose personal data other than in terms of this Agreement; 
      5. ensure that it processes data for only the express purpose for which it was obtained; 
      6. ensure that it has all reasonable technical and organisational measures in place to protect the personal data from unauthorised access and/or use.
  12. FORCE MAJEURE

S & S AESTHETICS CLINIC (PTY) LTD shall not be liable for obligation due to the Client which it is unable to delivery  due to an event beyond the control of S & S AESTHETICS CLINIC (PTY) LTD including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.