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Effective Date: 3rd June, 2024
These Terms will apply to provision of any Services by GB Aesthetics Ltd a company registered in England and Wales under number 10853849 whose registered office is at 70 Harley Street, London, England W1G 7HF (Surgery) and you (you, Patient)
These terms and conditions (Terms) will apply to any medical services, procedures and consultations including supply of any other services, treatments, medicines, drugs, consumable and other materials, and other items provided or used in the course of our normal business (Services) as set out in the surgery proposal, these Terms and any other documentation incorporated within in that order of precedence (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract we will contact you as soon as reasonably possible to notify you; and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days.
3.1.1 provide photo identification proving the Patient to be at least 18 years old for any clinical consultation (Consultation) or surgical procedure (Procedure). The Patient must provide this prior to attending their Consultation or scheduling the Procedure;
3.1.2. sign all the paperwork required in advance;
3.1.3. provide your details, GP information, NHS number and any other information we require;
3.1.4. notify us immediately if a change occurs to your medical history, health or wellbeing, such as but not limited to weight gain, pregnancy or change in medication dosage;
3.1.5. comply with our reasonable instructions pre and post-surgical care;
3.1.6. provide your full health history to the best of your knowledge.
4.1 In non-emergency cases, consultations and treatment shall be by appointment only.
4.2 If you know you are going to be late for a Consultation, you should contact us as soon as possible. If you arrive later than 15 minutes after an appointment time, we will try to provide the Services you have booked but if we decide that we cannot, the Consultation will be treated as cancelled without notice by you and, we will charge in accordance with clause 4.5.
4.3 We will use all reasonable endeavours to start the Services at the appointment time which you have booked but the start may be delayed by overrun of a previous appointment or by other circumstances.
4.4 You may cancel the Consultation without charge if you give us at least 24 hour prior notice of the cancellation and if you do so we will refund to you any sum(including, but not limited to any deposit) you paid in advance.
4.5 If you do not give us at least 24 hours prior notice of cancellation of the Consultation, we will be entitled to charge you the full consultation fee.
4.6 We may cancel the Consultation booked by you at any time before the time and date of that appointment in the following circumstances:
4.6.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
4.6.2 An event outside of our reasonable control occurs.
4.7 If we cancel the Consultation in such circumstances we will refund to you in full any deposit or other advance payment that you have made to us for it.
4.8 You may for any reason cancel the Consultation during the 14 day period after we accept the booking for those Services (Cooling-off period). However if the Consultation is on a date which is before the end of the Cooling-off period and you have expressly requested the Consultation then, you may not cancel that appointment and you must pay for it in accordance with clause 4.5.
5.1. We will assess your medical, anatomical, and psychological suitability for the surgery requested and continue to monitor this during your pre- and post-operative journey.
5.2. We will not undertake any procedure that is in conflict with any law in force, any voluntary or mandatory code of practice, or any similar rules, regulations or codes.
5.3. We shall arrange for the Procedure to be carried out at a third-party owned private hospital registered with and regulated by the Care Quality Commission (CQC). The hospitals are engaged as independent contractors and are professionally and legally liable for and are directly accountable to the Patient for their own tortious acts and breach of contract. The hospitals are obliged to maintain medical indemnity insurance in accordance with CQC regulations. We are not vicariously or in any other way liable for the acts, omissions or breach of contract by the hospital and hospital staff.
5.4. The Procedure is a cosmetic procedure and so assessment of the results involves an element of subjectivity. Therefore, it is important that the patient understands that while their surgeon will advise them as to the probable results, this should in no way be interpreted as a guarantee.
5.5. All Patients must attend post-operative appointments set by the Surgery and follow advice and guidance set out in the post-surgical care letter or instructions received.
5.6. You agree to undertake any preoperative preparation advised, including but not limited to: dietary modification, oral medication, attendance at preoperative appointments, omission of supplements and/or medication, GP attendance for general health management (e.g., high blood pressure).
5.7. You agree to read and ensure you understand the consent form enclosed and feel comfortable that all your questions have been answered.
5.8. You agree to arrange for a responsible adult to collect you after any procedure performed under general anaesthetic or sedation, and understand that a failure to do so will mean the surgery will not go ahead, and you will lose the full surgical balance paid.
5.9. It is at our, and the doctor’s as to whether or not a Procedure can or should be carried out.
5.10. Due to the nature of the Procedure being a surgical cosmetic procedure, we cannot guarantee a specific outcome. Your surgeon will explain any risks of complications and the limitations of the procedure.
5.11. You may for any reason cancel the Procedure during the Cooling-off period. However if the Procedure is on a date which is before the end of the Cooling-off period and you have expressly requested the Procedure then, you may not cancel that appointment and you must pay for it in accordance with clause 7.
5.12. If the Patient decides to reschedule the Procedure date, an additional fee will be payable dependent on how much notice is provided as follows:
5.12.1. up to 28 days before the Procedure – full refund minus £1000 administration fee
5.12.2. between 28 and 14 days to the Procedure – 50% refund
5.12.3. between 13 and 7 days to the Procedure – 25% refund
5.12.4. less than 7 days to the Procedure – no refund
5.9 We reserve the right to postpone the Procedure in the interests of the safety and welfare of the Patient, other patients or clinicians.
6.1. We engage surgeons and medical practitioners. Those individuals are engaged as independent contractors, and are professionally and legally liable for, and are directly accountable to the Patient for their own tortious acts and breach of contract.
6.2. They are obliged to maintain private practice medical indemnity insurance that is appropriate in accordance with the General Medical Council guidelines.
6.3. We are not vicariously or in any other way liable for the acts, omissions or breach of contract by the independent surgeon or doctor.
6.4. Our surgeons and doctors are:
6.4.1. registered with the General Medical Council;
6.4.2. hold the qualifications and experience required under Schedule 3 of the Health and Social Care Act (Regulated Activities) Regulations 2010; and
6.4.3. have been granted privileges at the clinic or hospital where they are to perform the Procedure.
7.1. You must pay for all Services in accordance with the pricing which is either set out on our website or agreed with you in advance, upon completion of provision of those Services.
7.2. Unless stated otherwise, the following are included in the Procedure Fee:
7.2.1. Surgeon’s fee,
7.2.2. Anaesthetist’s fee (if required),
7.2.3. Fully registered surgical facility and staffing fees,
7.2.4. All sterile and non-sterile consumables and dressings,
7.2.5. Scheduled post-operative follow-up appointments (virtual or in our clinic),
7.2.6. Pre- and post-op packs including ointments, homeopathic and additional products for your after-care,
7.2.7. Outpatient appointments and revision surgery if required with the Surgeon up to 12 months from the date of your surgery.
7.3. Revision surgery will be assessed on a case-by-case basis, and may be subject to additional fees.
7.4. After 12 months all further consultations or treatment will be chargeable separately and will incur a fee of £150 per visit if it is in relation to the same surgery.
7.5. If you seek to obtain medical advice or treatment outside of GB Aesthetics these fees are not refundable or covered by GB Aesthetics and are solely at your own cost.
7.6. A £1000 deposit is taken on booking a date for surgery, after a 14-day cooling off with the remaining balance due 6 weeks prior to surgery.
7.7. Payments can be made by online payment or bank transfer to the following NatWest Bank Account:
Account name: GB AESTHETICS LTD
Sort code: 50-30-25
Account number: 30490189
Ref: PAYMENT CODE
IBAN: GB65NWBK50302530490189
BIC: NWBKGB2L
7.8. We shall invoice you for all sums due at the following times (as appropriate):
7.8.1. the end of a Consultation; or
7.8.2. the discharge following; or
7.8.3. the dispensing or collection of drugs and/or other products;
7.9. Payment should generally be made immediately unless otherwise agreed between us in writing.
7.10. You may pay us for Services (and for any deposit or other advance payment on account of that payment) using cash or credit or debit card.
7.11. We may also agree with you to accept payments by instalments at our sole discretion. You may be offered the following methods, subject to eligibility, prior approvals and credit agreements:
7.11.1. Direct debit handled by GoCardless which entails an advance deposit followed by 12 monthly payments; or
7.11.2. Long term finance which will require a loan from our partner Kandoo which may be subject to interest and additional terms and conditions.
7.12. Where the payment method is via Direct Debit, we will take place automatically on an agreed date. Cancellation of the Direct Debit payments will not result in the termination of the Contract, which may only be terminated pursuant to its terms. We reserve the right to issue an invoice for the immediate payment by you for the remainder of its charges in the event that the cancelled Direct Debit is not reinstated within 5 business days. This clause constitutes advance notice of payments to be collected by Direct Debit and confirmation of the Direct Debit Scheme Guarantee (as set out in the Direct Debit Instruction Form).
7.13. In cases where treatment is being covered by a private health insurance policy, it shall be your responsibility to pay all sums due to us and to reclaim such sums from the insurance provider.
7.14. We may alter our prices without prior notice but if the price of any Services increases between the time when you book the Service and the date of the appointment, the price increase will not apply to your appointment for those Services on that date.
7.15. If the Patient fails to clear the balance in accordance with the earlier provisions of this clause, we reserve the right to cancel or reschedule the Procedure and charge or retain the cancellation/reschedule fee as set out in the Contract.
7.16. If treatment or surgery is required, we shall provide you with an estimate of sums due prior to such treatment or surgery. Estimates do not constitute quotations and you may not take them as an accurate indication of the final sum due as the final sum due may vary according to unforeseen circumstances.
8.1 Except as expressly and specifically provided in this Contract:
8.1.1 you assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use;
8.1.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.
8.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our direct breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
8.3 Subject to clause 8.4, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss.
8.4 Nothing in these Terms is intended to or will exclude or limit our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
8.5 We shall not be liable to you or any other for any matter which may be within the professional or legal liability of the surgeon, doctor or the hospital and hospital staff.
8.6 Subject to clause 8.4, our total liability to you arising under or in connection with the Contract, whether in contract, tort or breach of statutory duty, or otherwise, will be limited to the Fees paid under the Contract.
9.1 We will only use your personal information as set out in our privacy policy.
9.2 We may require signed consent for photographs to be taken by a healthcare professional for my confidential medical record. These include photographs of the operation site and any distinguishing features, and will be taken pre-operatively and post-operatively.
The Surgery always welcomes feedback from its patients and, whilst we shall use all reasonable endeavours to provide a high standard of service, care and treatment, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about the Surgery, please raise the matter with ja@gbalondon.co.uk
We may from time to time change these Terms without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.
No failure or delay by us or you in exercising any rights under these Terms means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms means that we or you will waive any subsequent breach of the same or any other provision.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
14.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on the Platform if this happens.
14.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
The Contract is between you and us. No other person has any rights to enforce any of its terms.
The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
