Terms & Conditions

Terms & Conditions

General Terms & Conditions

1.   Scope of application
2.   Use of the website and intermediary services
3.   Conclusion of the contract
4.   Process & Payment
5.   Electronic distance selling / distance selling
6.   Liability
7.   Cancellation Right
8.   Period of validity
9.   Prices and terms of payment
10.   Applicable law
11.   Jurisdiction
12.   Image sources
13.  Limitation of liability, compensation
    
    
    

1. Scope of application

1.1. These General Terms and Conditions – hereinafter referred to as the “GTC” – of Medclinics.com – hereinafter referred to as “Intermediary” – shall apply to all contracts concluded by a consumer or entrepreneur – hereinafter referred to as “Customer” – with hospitals, clinics, health centers, beauty centers, doctors and similar health institutions, organizations and persons providing the services requested by the Customer – hereinafter referred to as “medical service providers”, regarding the goods and/or services presented in the Internet portal & online shop https://medclinics.com by placing an order via the website of the Intermediary, by telephone or through all digital platforms such as e-mail, WhatsApp or any other messaging system.

The intermediary reserves the right to tacitly amend these GTC’s in whole or in part at any time, taking into account the interests of the customer, if a new legal situation makes this necessary.

1.2. The scope of these GTC’s refers to all services offered by the intermediary in its internet portal https://medclinics.com and online shop, which are mediated by order via the intermediary’s website, by e-mail, WhatsApp, telephone or any other messaging system.

• Use of the website and intermediary services

In order to be able to use the website of the intermediary and its services via e-mail, WhatsApp, telephone or any other messaging systems and to make use of the goods and/or services offered there, the customer must be of age and legally competent and, within the meaning of the respectively applicable jurisdiction, entitled to conclude contracts and transactions with third parties.

The use of the intermediary’s website and the goods and/or services offered here by underage customers who do not meet the above conditions is invalid from the very beginning.

The intermediary reserves the right to terminate contracts with persons who do not meet the above criteria at its own discretion and without giving further reasons and without separately notifying the persons concerned.

The intermediary shall not be responsible and shall not be liable in any way for any damage resulting from the unlawful use of the website or from the use of the website by persons not authorized to do so. Any claims for damages against the intermediary by the legal representative of the offender are excluded in advance.

• Conclusion of the contract

3.1. The product descriptions in the intermediary’s online shop do not represent binding offers on the part of the intermediary.

They are a selection of offers made by the medical service providers and published by the intermediary. The offers are predominantly, but not limited to, based on information provided by medical service providers and other third parties.

It is explicitly stated that no contractual relationship arises between MedClinics and the customer, but that the customer concludes a contract with the medical service providers.

MedClinics only transmits the offers made and prepared by the medical service providers. In no way does the intermediary guarantee or accept liability for the offers of the medical service providers, the services contained therein, the fulfilment of these services or their quality.

3.2. The intermediary may submit an offer via the online order form integrated in its online shop. In doing so, after the customer has placed the selected services in the virtual shopping cart, gone through the ordering process and clicked the button to complete the ordering process, the intermediary makes a contractual offer with regard to the goods and/or services contained in the shopping cart.

3.3. When an offer is made via the intermediary’s online order form, the text of the contract is stored by the intermediary after the contract is concluded and transmitted to the customer in text form (e.g. e-mail, fax, letter as well as other electronic message transmission systems) after the order is sent. Other than that, the intermediary does not make the text of the contract accessible.

3.4. The order processing and contacting usually takes place via e-mail, WhatsApp or telephone as well as automated order processing. The customer shall ensure that the e-mail address provided by him for order processing is accurate, so that e-mails sent by the intermediary can be received at this address. In particular, if SPAM filters are used, the customer must ensure that all e-mails sent by the intermediary or by third parties commissioned by the intermediary to process the order can be delivered.

• Process & Payment

4.1. Once the customer’s request has been answered by MedClincs’ intermediary services and the customer has decided to accept one of the offers provided by the medical service providers, a contract is formed between the customer and the medical service provider.

The customer is strongly advised to carefully read the terms and conditions and consent forms of the medical service provider before commencing, continuing or discontinuing any treatment.

4.2. By accepting these General Terms and Conditions, the customer states explicitly that the intermediary has made him aware of these facts before concluding the contract with the medical service provider and has informed him that he is aware of, understands and accepts the contractual relationship.

Claims for loss, damages, recourse, compensation for pain and suffering or other actions and claims arising from the contractual relationship with the medical service provider can only be directed against the medical service provider. The intermediary is excluded from any liability.

4.3. The payment of the amount resulting from the contract with the medical service provider shall be made by the client directly to the medical service provider and not to the intermediary.

In order to guarantee a pre-arranged appointment with the medical service provider and to make a smooth handling of the process possible, the intermediary may be agree to accept a deposit from the customer in exceptional cases where this is absolutely necessary. The intermediary will forward this to the medical service provider immediately after receipt. Further settlement will take place between the customer and the medical service provider.

• Electronic distance selling / distance selling

5.1. The subject matter of this contract is the rights and obligations of the parties under the provisions of the Directive on the Methods and Principles of Distance Contracts under the Consumer Protection Act in connection with the intermediation of medical services and products which the intermediary provides to the customer by electronic channels at https://medclinics.com.

5.2. The Customer declares that s/he has read and taken note of all preliminary information about the mediated medical services and/or goods, the sales price and the method of payment, and that s/he has given the necessary confirmations electronically or in writing in advance.

5.3. The Customer shall ensure that the email address provided for order confirmation and processing is accurate so that emails sent by the Seller can be received. In particular, the Customer shall ensure that emails from the Seller are not blocked by spam filters.

5.4. In the event that the customer’s bank or financial institution is unable to pay the service fee to the intermediary because the customer’s credit card is used unjustifiably or unlawfully by unauthorised persons in a manner that is not due to an error on the part of the intermediary, the customer shall be liable for the service fee as well as any resulting damages.

• Liability

6.1. https://medclinics.com is an internet portal that provides information about medical services as well as their providers. By using the website and the online shop, the customer receives, amongst others, but not limited to, information about medical service providers such as hospitals, clinics and doctors.

https://medclinics.com does not assign a specific medical service provider to the customer, but rather compiles a selection from which the customer can choose the most suitable medical service provider for him, his specific needs as well as for his desired treatment, make an appointment and initiate treatment.

All information provided by the intermediary on its website or in its online shop is provided by the medical service providers themselves and is accordingly presented by the intermediary in its internet offer & online shop https://medclinics.com.

6.2. As an intermediary https://medclinics.com does not operate or control any healthcare facilities or services provided by them.

6.3. https://medclinics.com cannot in any way guarantee or be liable in any way for the accuracy, correctness or timeliness of this information. https://medclinics.com cannot be considered as a recommendation or endorsement of the quality of services or the specialisation of the healthcare provider.

Any liability on the part of the intermediary for the inaccuracy of information, incorrect or insufficient description of a product, outdated or incorrect information about or from medical service providers as well as the consequences resulting directly or indirectly, presently or in the future from the aforementioned points is excluded. 

By accepting these GTC’s, the customer confirms that s/he has taken note of the exclusion of liability, that he/she was informed about the exclusion of liability prior to the conclusion of the contract or purchase of a product and/or service offered in the intermediary’s online shop, that s/he agrees that he/she accepts the exclusion of liability and that s/he cannot assert any claims against the intermediary in this respect, neither at present nor in the future.

6.4. It is explicitly stated that the intermediary is not a provider of medical services, but merely acts as an intermediary between the customer and the medical provider. The intermediary is not responsible for the provision of the medical services, is not a provider or operator of the medical products and services and assumes no liability for them.

6.5. Information provided by the intermediary on its internet portal, including but not limited to information provided by medical providers and other third parties, as well as any information provided to the customer before, during or after the purchase of any of the products and services offered on the internet & online shop https://medclinics. com by telephone, electronically, by email or through any other information channel, cannot in any way be considered proper medical advice or medical examination, cannot in any way substitute for a thorough examination and consultation with a medical practitioner, and cannot serve as the sole basis for deciding for or against medical treatment, its continuation or discontinuation. 

6.6. Some goods or services presented on the Intermediary’s website may be prohibited in certain countries. It is the sole responsibility of the customer to ensure that his actions comply with the laws of the country in which he resides or of which he is a citizen. The intermediary is under no obligation to provide country-specific information and accepts no liability whatsoever in the event of a breach of country laws by the client.

6.7. In the event of treatment, no contract is created between the intermediary and the customer, but a contractual relationship is created between the customer and the medical providers. Control and verification of contracts and consent forms signed by the client prior to treatment with the medical providers, including but not limited to doctors, hospitals and clinics, are the sole responsibility of the customer as well as the medical provider. https://medclinics.com does not have medical qualifications and is not responsible or liable for medical procedures performed by the chosen medical provider.

6.8. The Intermediary shall not be responsible or liable for any treatment, surgery or other service provided by the Medical Provider, nor shall the Intermediary be liable or responsible for any malpractice claim that may arise directly or indirectly, present or future, from the Medical Provider’s advice, applications, and surgeries or other services provided.

6.9. The Intermediary accepts no responsibility or liability for any complications, misunderstandings, dissatisfactions, complaints or the like arising from the treatments provided by the Medical Provider. The Customer is strongly advised to read the medical provider’s terms and conditions and consent forms carefully before commencing, continuing or discontinuing any treatments.

By accepting these GTC’s, the customer agrees not to hold the intermediary responsible for any malpractice or complications caused by the medical provider.

• Cancellation Right

7.1. The Customer has the right to cancel. 72 hours before the agreed date, all goods and/or services purchased via the intermediary’s website or online shop may be cancelled without any restriction.

7.2. In order to exercise the right of withdrawal, the Customer must inform the Intermediary by e-mail to the address info@staging15.medclinics.com.

7.3. To comply with the withdrawal period, it is sufficient for the customer to send his notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

7.4. The intermediary provides the intermediation services to the customer and reserves the right to cancel within or outside the cancellation periods referred to in point 7.1 in the event of discrepancies, incorrect/false information, the possibility that the requests could have a negative impact on the customer’s health, etc.

7.5. Damages incurred by the intermediary and the medical service provider as a result of cancellations by the customer for reasons other than force majeure and outside the periods referred to in point 7.1 shall be borne 100% by the customer.

• Period of validity

8.1. Medical Services and Products are valid only on the dates agreed between the Customer and the Medical Provider. Dates may be changed by mutual agreement between the Customer and the Medical Service Provider.

Unilateral requests for date changes, material damage that may result from non-compliance with the availability of the other party shall be borne by the party that made the date change.

• Prices and terms of payment

9.1. Unless otherwise stated in the intermediary’s product description, the prices quoted are total prices, which include statutory VAT.

9.2. Payment can be made in one of the ways stated in the online shop and in the intermediary’s confirmation letter.

9.3. If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

9.4. No guarantee can be given for the existence and delivery of products and services for which no contract is concluded between the customer and the medical service provider.

1. Applicable law

10.1. All legal relations between the parties shall be governed by the laws of the Republic of Turkey, excluding the laws on the international sale of movable goods.

1. Jurisdiction

11.1. The courts of the Republic of Turkey in Istanbul shall have jurisdiction to settle any dispute arising out of this contract between the Intermediary, the Customer and the Medical Provider.

1. Image sources

12.1. Some images used on www.medclinics.com are from Shutterstock. The intermediary’s Shutterstock licence numbers are as follows: be4397153 and de51385799.

1. Limitation of liability, compensation

13.1. By using the Website, its portals and services, you expressly acknowledge that you understand and accept full responsibility for all risks arising directly or indirectly from your use of the Website.

13.2. https://medclinics.com and its employees, management, affiliates and agents are not responsible for any failure of any kind or shutdown of the Website that results in loss of business, profit or other pecuniary loss due to any claim, loss, petition, action or other event arising out of or in connection with the validity of these Terms of Use, including without limitation navigation on, use of, access to or sharing of any files on the Website.

This also applies in the event that https://medclinics.com has been advised of the theoretical possibility of such damages, whether or not the event occurring and the damages are due to an infringement of intellectual property or other property, a violation of rights, negligence, contractual liability or other similar cases and situations.

13.3. https://medclinics.com is not responsible for the accuracy, completeness or timeliness of any information that suppliers and/or other third parties provide on the Website.

13.4. The Website may contain links to third party websites. These links are provided solely as a convenience to the user. https://medclinics.com shall not be liable for any direct or indirect damage or loss arising from a visit to https://medclinics.com or from the use of services provided by third party websites.

13.5. In addition, by agreeing to be bound by the terms of this Agreement, the User agrees to indemnify, defend and hold harmless https://medclinics.com’s affiliates and their respective directors, officers, employees, shareholders, partners and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred as a result of or in connection with any breach or alleged breach by the User, or any person acting on the User’s behalf, of the terms of this Agreement.

13.6. The Intermediary undertakes not to disclose any information about the Client’s identity to anyone other than the Healthcare Provider under the Personal Data Protection Regulation (GDPR). The Client has no rights or claims to the data shared and processed under the GDPR.

The intermediary reserves the right to tacitly amend these GTC’s in whole or in part at any time, taking into account the interests of the customer, if a new legal situation makes this necessary.

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