General Terms and Conditions
1. Our Services
We perform laser eye surgeries to correct refractive errors as well as lens implantation (“Services”). For laser operations we apply the methods “Femto-LASIK” and “SMILE Pro®”, as well as a surgical procedure for lens implantation (hereinafter “Treatments”).
2. About Us
The Services are provided by EuroEyes Switzerland AG (“EuroEyes”, “we”, “us”), Neuwiesenstrasse 15, CH-8400 Winterthur. You can find more information about us here. For questions or other concerns, you can best reach us at info@euroeyes.ch.
3. What do these General Terms and Conditions (“GTC”) regulate?
3.1 These GTC regulate the legal relationship between you and EuroEyes when you, for example, register for an appointment and/or make use of our Services.
3.2 You and EuroEyes are hereinafter jointly referred to as the “Parties” and individually as a “Party”.
4. Who do we treat?
4.1 Our Services are intended for private individuals and are available to persons who are at least 18 years old and legally competent.
4.2 For persons under 18 years of age or legally incompetent, treatment is only possible with the written consent of a legal representative. We recommend that a legal representative be present at all appointments.
4.3 Naturally, we can only treat persons who are suitable for the respective treatment. Therefore, a positive preliminary examination is an indispensable prerequisite for treatment.
4.4 By agreeing to these GTC, you confirm that these requirements are met.
5. How does the treatment proceed?
5.1 Appointment booking, preliminary examination, treatment, changes
5.1.1 First, you select your preferred appointment with us online, preferably via our website. If our capacities allow, you may also come by one of our locations without a reservation to undergo the preliminary examination for the treatment you wish (“Walk-in”).
5.1.2 During the examinations you will be informed whether and which treatment is suitable for you. In the preliminary examination (approx. 45 minutes) we check whether a treatment is suitable for you. High-resolution images of your eyes are taken, analysing the corneal surface.
5.1.3 If you are suitable for the treatment you desire, we schedule another appointment for the main examination of your eyes to determine the definitive values and data required for the treatment.
5.1.4 After the examination and consultation have been completed positively and we have received your consent to the appropriate procedure, you can decide whether you wish to proceed with your treatment. If so, you will receive an offer from us, valid for one month (“Acceptance Period”).
5.1.5 The contract for your treatment comes into effect when you accept the offer (generally as soon as you sign it electronically and return it to us).
5.1.6 If your acceptance occurs after the expiration of the Acceptance Period, it constitutes a new offer on your part, which is deemed accepted if we confirm it in writing (e.g. by e-mail).
5.2 Laser eye treatments and lens implants
5.2.1 Once you have decided on treatment with us, signed the consent form and made payment (see section 7 “Payment of your treatment?”), we will arrange your treatment date. On this date we will perform the treatment to correct your refractive error. Afterwards, the results will be checked in a follow-up examination. This follow-up is included in the price.
5.2.2 Treatments are carried out on an outpatient basis. Prior to the treatment, the eye to be operated on is numbed with drops. The treatment itself only takes a few minutes.
5.2.3 Femto-LASIK Treatment: In the Femto-LASIK procedure, the correction of astigmatism is performed using an excimer laser, which opens a thin flap in the upper layer of the cornea and folds it aside. This method of incision is safer than others, as your cornea is not damaged and heals again in a short time. In the next step, vision correction of the cornea is performed with the excimer laser. After the actual correction, the flap is folded back over your eye and the cornea heals again.
5.2.4 SMILE Pro® Treatment:
SMILE Pro® is a minimally invasive laser eye procedure (Small Incision Lenticule Extraction). Using a femtosecond laser, a thin lenticule is precisely created inside the cornea and removed through a very small incision (typically approx. 2–3 mm) – without creating a corneal flap. Correction of refractive error thus takes place within the corneal structure. Before the procedure, the eyes are locally numbed with drops; the actual laser phase usually only lasts a few seconds per eye. After the treatment you will receive the necessary eye drops and behavioural instructions; results are checked in follow-up examinations.
5.2.5 Lens Exchange (MIOL): Refractive lens exchange is a surgical procedure in which the natural lens is removed and replaced by an artificial lens. Lens exchange is usually performed to correct severe refractive errors such as hyperopia and myopia, or to correct presbyopia or astigmatism, as well as to treat cataract. Since the multifocal intraocular lens corrects both near and distance vision, you will largely be free from glasses in everyday life. The surgery takes place in several phases: first the lens capsule is opened, the lens material is removed, and then an artificial lens is inserted. All surgical incisions are performed manually by your surgeon. The lens is broken up and removed using ultrasound (phacoemulsification). The lens capsule remains in the eye, serving as a “pocket” for the new artificial lens. After cleaning the capsule, the surgeon inserts the new lens.
5.2.6 Lens Implant ICL: ICL (implantable contact lenses) are often suitable for younger patients with moderate to high refractive errors, or when LASIK is not an option. ICL are ultra-thin artificial lenses implanted in the eye in addition to the natural lens. The implantation of the ICL phakic lens is reversible. In addition to myopia and hyperopia, an existing astigmatism can also be corrected in combination.
6. Prices
The prices for the treatment (“surgery costs”) are communicated to you in our offer, which you receive after the preliminary examination. Prices announced in any other way (in particular verbally, in brochures or on the website) are not binding and do not constitute an offer.
7. Payment of your treatment
7.1 General
7.1.1
Treatment costs must be paid in full before your treatment, usually after conclusion of the contract. We reserve the right not to provide our Services if the invoice has not been paid.
7.1.2
Alternatively, we also offer instalment payments under certain conditions (see section 7.2).
7.1.3
You agree to bear all fees or other transaction costs that may arise from money transfers to our bank account.
7.1.4
Payments must be made in Swiss francs (CHF).
7.2 Instalment payment via HeyLight
7.2.1
If you would like to pay the treatment costs in instalments, this is possible under certain conditions through the third-party provider HeyLight AG, Rue du Nant 8, 1207 Geneva. This instalment payment is a payment on invoice with an instalment option.
7.2.2
If you pay via HeyLight, you agree that we may assign our claims against you to HeyLight AG. Please inform yourself about the GTC of HeyLight AG before you decide on this option. Fees and interest may apply. For questions regarding the invoice and all other questions related to the payment, HeyLight AG alone is responsible. For complaints about payment processing by HeyLight AG, please contact us (info@euroeyes.ch) or HeyLight AG (support-ch@heylight.com) by e-mail.
7.2.3
Even with an instalment payment via HeyLight, we are entitled to suspend our Services if you do not pay your invoices on time.
8. Delay, postponement and termination of treatment
8.1 General
Please note that when we schedule treatment appointments with you, we reserve this time exclusively for you. We understand that unforeseen events may arise and you may not be able to attend one of your treatment appointments or attend on time. Should such circumstances occur, we kindly ask you to contact us immediately by e-mail at info@euroeyes.ch or by phone (you can find the telephone number for the respective location here).
8.2 Delay and postponement of treatment
8.2.1 Delay, no-show
8.2.1.1
If you arrive late at one of our locations for your treatment appointment, you are generally entitled to treatment only during the agreed treatment time.
8.2.1.2
If your delay causes additional costs (e.g. because an additional appointment or overtime of our staff is required), you agree to bear these costs.
8.2.1.3
If, due to your delay, treatment can no longer be carried out or you do not show up for the treatment appointment, a replacement appointment will be scheduled.
8.2.1.4
You agree to pay a fee according to section 8.2.2 for the missed appointment.
8.2.1.5
We are entitled to refuse your treatment without refund of the fee if you fail to appear or arrive late to your treatment appointment twice.
8.2.2 Postponement
8.2.2.1
You may reschedule your treatment appointments as follows:
At least 7 days before your treatment appointment with a fee of CHF 300. In other cases we reserve the right to charge you a fee of CHF 1,000.
It may happen that we also have to reschedule a treatment appointment (e.g. due to staff illness). If we reschedule an appointment, we will arrange a replacement date with you.
8.2.2.2
We may reschedule your treatment appointment at any time and as often as necessary; you have no entitlement to compensation or termination of treatment.
8.3 Termination of treatment
8.3.1
Please note that your treatment begins when the appointment is scheduled (even if you postpone or miss it due to delay or no-show). If you cancel the treatment for any reason, you agree to pay an administrative fee of CHF 500.
8.3.2
We are entitled to refuse your treatment without refund of the fee if, from a medical perspective, the treating physician considers the treatment no longer justifiable (e.g. failure to follow medical instructions, failure to provide relevant information during the preliminary examination, etc.). In such a case, you agree that you have no right to a (partial) refund of your treatment costs.
8.3.3
If you discontinue and later resume your treatment, we reserve the right to provide you with a new offer.
9. What are your obligations?
9.1 You undertake to
– act in good faith and, in particular, provide truthful information about yourself, your health, and your physical condition;
– provide us with your correct contact details;
– be solvent when ordering our Services;
– immediately notify us if you become insolvent during the treatment;
– follow our instructions when using our Services; and
– only share with us such information and documents that you are authorised to share and that may be shared with us.
9.2 If you breach these obligations, we are entitled to refuse our Services to you. You also agree to bear the costs incurred by us as a result.
10. What rights do you have if the treatment does not proceed as expected?
10.1
Please note that we cannot guarantee the success of the treatment, as each person responds individually to the treatment.
10.2
If the treatment does not achieve the desired result and you are not satisfied, we ask you to contact us so that we can review your concern.
10.3
There are no claims such as warranty rights (rectification, reduction, or similar) if the treatment does not achieve the desired result or does not meet your expectations. We will endeavour to find a suitable solution together.
11. Patient information
11.1 Patient information provides details on how treatments are carried out and what risks and side effects may occur.
11.2 Please read the patient information carefully and ask us any questions you may have.
12. Disclaimer of liability
12.1 You assure us that you have familiarised yourself with the risks and side effects of the treatments and accept them.
12.2 You agree to hold us fully harmless and not make any claims should risks or side effects occur and cause damage. This applies in particular if you do not follow the doctor’s instructions before, during or after your treatment.
12.3 To the extent permitted by law, liability for slight negligence is excluded.
13. Data protection
13.1 In our privacy policy we inform you how we process and protect your personal data. By using our Services, you agree to this.
13.2 For legal reasons, we keep your patient records for 20 years.
14. Entire Agreement
14.1 These GTC, together with the documents you sign when ordering a treatment, the patient information, and the privacy policy, govern all rights and obligations of the Parties in connection with the Services we provide.
14.2 Amendments, side agreements and additions require written confirmation (e.g. by e-mail) to be valid.
15. Waiver of rights
If one Party fails to fulfil part of the contract and the other Party does not insist on proper fulfilment, this does not constitute a waiver of the right to fulfil other parts of the contract.
16. Severability clause
If one or more provisions of these GTC are invalid or ineffective, the remaining provisions remain unaffected. The Parties shall replace the invalid or ineffective provisions with those that are valid and effective and best reflect the original intent of the Parties and, if possible, lead to the same economic result.
17. Amendment of these GTC
17.1 We may amend these GTC at any time. We will inform you of the change in an appropriate manner.
17.2 Unless you object in writing (e.g. by e-mail) within one month after we have informed you, the changes are deemed approved.
17.3 The currently valid version of these GTC is available on our website.
18. Applicable law and place of jurisdiction
18.1 Swiss law applies to all claims of the Parties in connection with the Services we provide.
18.2 The Parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.