General terms and conditions of Denslux Hambaravi OÜ service provision

1. OVERVIEWS

1.1. These general terms and conditions for the provision of services (“General Terms”) apply to all health care and health service agreements (“Agreement”) between Denslux Dental and their clients (“Client”).

1.2. The General Terms and Conditions form an integral part of the Contract between Denslux Dental and the Client. In addition to the foregoing, Denslux Dental’s internal rules or other rules and agreements between the Parties shall form an integral part of the Agreement. In the event of any conflict between the foregoing, they shall prevail in the following order of precedence: agreements (including consents given by the Client) entered into between Denslux Dental and the Client in at least a form that can be reproduced in writing, Denslux Dental’s Internal Regulations/Rules, the General Terms and Conditions. By entering into the Agreement, the Client and the representative of the Client who is incapacitated declare that they have thoroughly read the General Terms and Conditions and agree to their application to the Agreement.

2. DEFINITIONS

Capitalised terms used in the General Conditions shall have the following meanings:

2.1. A digital clinic is an online platform through which certain Services (e.g. bookings) can be provided.

2.2. The Client is the patient to whom Denslux Dental provides Services under the Contract.

2.3. The Contract is a contract between the Client and Denslux Dental for the provision of the Service, to which, inter alia, these General Terms and Conditions apply.

2.4. The Fee is the fee paid by the Client to Denslux Dental for the Service. The Client acknowledges that the necessity of specific Services, procedures, analyses and other procedures and the fees for these may depend on the specific nature of the treatment required.

2.5. Service means the Health and Medical Services provided by the Provider.

2.6. Acceptance means a meeting (whether physically, via the internet or by telephone) between the person providing the Service on behalf of Denslux Dental and the Client for the purpose of providing the Service.

2.7. The website is the Denslux Dental website www.denslux.ee with its subdomains.

2.8. The General Terms and Conditions are these general terms and conditions for the provision of the service.

3. CONCLUSION OF THE CONTRACT

3.1. The Contract shall be deemed to have been entered into between Denslux Dental and the Client upon the Client’s booking of an Appointment, the commencement of the provision of the Service to the Client (including the commencement of the provision of the Service to an incapacitated Client in accordance with the Client’s actual or presumed will) or the assumption of the obligation to provide the Service with the Client’s consent.

3.2. Denslux Dentistry has the right to refuse to enter into a Health Service Contract. Denslux Dentistry has the right to refuse to enter into a Health Service Contract and to provide the Service if the terms and conditions of the Contract requested by the Client are contrary to the law, if the Client is late or fails to appear for an Appointment (including if the Client appears for an Appointment in violation of the internal rules/regulations of Denslux Dentistry, e.g. with a pet) or if the circumstance mentioned in clause 8.3 of the General Terms and Conditions occurs.

4. BOOKING AND CANCELLING AN APPOINTMENT

4.1. Booking and cancellation of an appointment can be made via the Website, using the contact details (e-mail, telephone) provided on the Website for booking an appointment, at the Denslux Dental location, via the Digital Clinic or via the national online registry.

4.2. If the Client cancels the Appointment less than 24 hours before the Appointment or fails to appear for the Appointment on time, Denslux Dental has the right to charge the Client a No-Show Fee according to the Price List.

5. CUSTOMER INFORMATION AND CONSENT

5.1. When providing health care, Denslux Dentistry will inform the Client of the results of the examination and the Client’s medical condition, as well as of other possible health care services.

5.2. The Client will only be provided with the Client’s consent.

5.3. In the case of a Client with diminished capacity, the Client’s rights to obtain information and consent for the Health Care Service are vested in the Client’s legal representative to the extent that the Client is not capable of responsibly weighing the pros and cons. In such a case, the Client must be informed of the circumstances and the decisions taken to a reasonable extent. If the decision of the legal representative concerning the Health Care is manifestly prejudicial to the interests of the Client, Denslux Dental may not comply with it.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. In the course of the provision of the Service, the Parties undertake to comply with the provisions of the Contract and the law and to treat each other with courtesy and respect.

6.2. Denslux Dental is right:

6.2.1. receive a Fee for the Service in accordance with the Agreement;

6.2.2. process the Client’s personal data (including health data) necessary for the provision of the Service in accordance with the applicable legislation, including, in the case of the Health Service, the Act on the Organisation of Health Services, including, where applicable, prior to the Reception (e.g. in the Health Information System or by any other authorised means or medium);

6.2.3. to transfer, in accordance with applicable law, the Client’s personal data to the Health Information System or other databases;

6.2.4. Involve other specialists/doctors in the provision of the Service.

6.3. Denslux Dental has an obligation to:

6.3.1. ensure that the Healthcare is provided at least to the general level of medical science and with the care normally expected of a healthcare provider and in accordance with the Contract and applicable law;

6.3.2. explain in detail to the client the procedures for the provision of the healthcare, the content and nature of the procedures to be carried out in the framework of the healthcare, the risks and consequences involved, and provide the necessary instructions (including explaining the lifestyle restrictions) to prepare for and recover from the procedure;

6.3.3. inform the Client of the results of the examination and of the analysis and/or tests ordered, including any diseases detected and their course;

6.3.4. recommend further medical examinations or refer the Client to another health care provider if the Client’s state of health so requires;

6.3.5. process and keep confidential, in accordance with applicable law, the personal data of the Client, including different types of personal data (e.g. health data);

6.3.6. document the provision of Health Care Services to the Client and properly maintain the relevant documents;

6.3.7. to provide the Service in Estonian or, with the agreement of the Client, in another language, if the Denslux Dental staff is proficient in that language. Denslux Dentistry is not obliged to translate documents from Estonian into another language or from another language into Estonian;

6.3.8. inform the Customer at the earliest opportunity of any obstacles to the provision of the Service;

6.3.9. provide the Client’s personal data (including medical examination decisions) to the Client’s employer or the Client’s legal representative in cases provided for by law.

6.4. The customer is right:

6.4.1. be actively involved in the process of providing the Service and be listened to within the time limits of the Reception;

6.4.2. to receive healthcare in accordance with the general state of medical knowledge;

6.4.3. Receive the Services at the location of Denslux Dental, unless the nature of the Service indicates otherwise;

6.4.4. Receive any information about the Health Care provided to him/her, including asking questions or requesting additional information from the Health Care Provider, to consult the documents relating to the provision of the Health Care and to receive copies of them in accordance with the price list in force;

6.4.5. Contact the relevant supervisory authorities for an assessment of Denslux Dentistry’s healthcare provision activities;

6.4.6. If possible and with the agreement of Denslux Dental, change your healthcare professional or opt out of receiving healthcare.

6.5. The customer has a responsibility to:

6.5.1. Arrive at the Intake on time (preferably 10 minutes before the Intake, but in any case before the Intake time) and inform Denslux Dentistry as soon as possible if you are late or do not show up for the Intake;

6.5.2. bring a photo ID (ID-card, passport) or driving licence to the Reception;

6.5.3. pay the Service Fee in accordance with the Agreement;

6.5.4. disclose to Denslux Dental all information reasonably likely to be relevant to the provision of the Service, including truthful and complete information about your medical condition, past health care and other services and medications taken;

6.5.5. provide all assistance to Denslux Dental in the provision of the Service, including following the instructions and directions given by Denslux Dental;

6.5.6. use Denslux Dental equipment and property in a prudent manner and for the intended purpose, following Denslux Dental’s instructions and the relevant instructions for use.

7. PAYMENT FOR THE SERVICE

7.1. The Client is obliged to pay Denslux Dentistry a Fee for the Service in accordance with the prices in force at the time the Service is provided. Denslux Dentistry will provide further information on the Services and prices upon the Client’s request. All examinations and analyses prescribed to the Client or recommended by the Client shall be subject to a fee, i.e. they shall be added to the admission and/or visit fee. At the time of the Service, the time of the Appointment or at the time of the procedure, analysis or test being performed as a specimen, examination or other procedure is deemed to be the time of the Service.

7.2. If the expected amount of the Fee is indicated in an agreement between the Parties which can be reproduced in writing (e.g. a treatment plan), the Client undertakes to pay also for Services (including additional examinations, analyses, procedures, etc.), the need for which was not foreseeable at the time of the conclusion of the agreement, including if new circumstances arise during the provision of the Service. The agreement between the parties (including the treatment plan) shall state the cost of the Services at the time of the agreement. When prices are revised, such revised prices shall be used as a basis and the Service shall be paid for in accordance with the prices in force at the time the Service is provided. At the time of the provision of the Service, the time of the Receipt or the time of the performance of the procedure, analysis or sampling for analysis, study or other operation shall be deemed to be the time of the provision of the Service.

7.3. The fee is payable regardless of the outcome of the Service, including if the outcome of the Service is not what the Customer expected.

7.4. Payment for the Service shall be made immediately after the provision of the Service by bank card or in cash. If payment is made on the basis of an invoice by agreement between the parties, the Client undertakes to pay the Fee no later than the due date indicated on the invoice. The Customer is obliged to settle any claims relating to the invoice no later than 7 calendar days after receipt of the invoice. After the expiry of the aforementioned period, the Customer shall be deemed to have no objections to the invoice.

7.5. The Client is exempt from payment of the Fee to the extent that the obligation to pay has been validly assumed by another person (e.g. the Health Insurance Fund in the cases and in accordance with the procedure provided for by law, the insurer).

7.6. Denslux Dentistry has the right to unilaterally change the prices of Services, examinations, procedures, analyses and other operations with 30 days’ notice in accordance with the procedures set out in clause 12.1 of the General Conditions.

7.7. In the event of non-payment of the Fee by the due date, Denslux Dental has the right to authorise third parties to collect the outstanding invoices on behalf of Denslux Dental or to assign the Fee claims to third parties, and to transfer the personal data of the Client and his/her legal representative to the relevant person as necessary to fulfil the obligation. The personal data to be transmitted shall be limited to the personal data necessary for the collection of the debt. Such data does not include different types of personal data, including health data.

8. TERMINATION OF THE CONTRACT

8.1. The Contract shall terminate: (i) upon the death of the Customer; (ii) upon the termination of the provision of the Service; (iii) upon the takeover of the provision of the Service by another Service Provider; (iv) upon termination of the Contract.

8.2. The Customer has the right to terminate the Contract at any time without giving any reason.

8.3. In the event of a reasonable cause that, under all the circumstances, the health care provider cannot be expected to continue to provide the health care service, Denslux Dental shall have the right to either terminate the Contract or, if Denslux Dental deems it reasonably possible, to postpone the provision of the Service for the necessary period of time. Such good cause shall include, but not be limited to:

8.3.1. The client is late or fails to show up at the Reception;

8.3.2. The client or their legal representative is under the influence of alcohol and/or drugs.

8.3.3. The Client has a debt to Denslux Dental that has become due and payable, and if the Client has a debt to Denslux Dental that has been due and payable for at least 60 days, Denslux Dental will not allow the Client to enroll in an additional Intake or other Service;

8.3.4. The client does not agree to sign an informed consent form for the increased risk procedures;

8.3.5. The Client requests a Service: (i) that is not medically justified; (ii) that would result in a greater health risk than not providing the Service; (iii) that would endanger the health of a Denslux Dental employee or a third party; or (iv) that Denslux Dental is not licensed or competent to provide;

8.3.6. The Client or his/her legal representative fails to disclose the information necessary for the provision of the Service or to provide any other assistance necessary for the provision of the Service, including where there is an irreconcilable difference of opinion between the Client (or his/her legal representative) and Denslux Dental that prevents the provision of the Service;

8.3.7. It is not possible for the person providing the service on behalf of Denslux Dentistry to communicate with the Client or the Client’s legal representative in a language understood by both parties;

8.3.8. The client or their legal representative does not follow good communication practice (e.g. rude behaviour);

8.3.9. Denslux Dental cannot reasonably be expected to be able to provide the Service if, for example: (i) there are unforeseen organisational problems (staff sickness, technical breakdowns, supply shortages or other impediments to the provision of the Service, e.g. a person providing the Service on behalf of Denslux Dental who has the necessary specialist knowledge leaves work and there is no necessary replacement); (ii) there is a staff strike; (iii) the provision of the Service is prevented by force majeure;

8.3.10. The Client or its legal representative breaches any other obligations under the Contract.

8.4. Termination of the Contract shall not affect obligations that have become due and payable prior to the termination of the Contract. Among other things, the Client and, where applicable, its legal representative, shall be obliged to pay Denslux Dental Care the full amount of the Fees for the Services provided.

9. FEEDBACK, SUGGESTIONS AND COMPLAINTS

9.1. The client has the right to provide feedback, suggestions and complaints to Denslux Dental according to the feedback form available on the website.

10.

10.1. Denslux Dentistry provides Health Care Services in accordance with the general state of medical knowledge and treatment guidelines. Denslux Dentistry does not guarantee the Client’s recovery or the success of the procedure.

10.2. Denslux Dentistry and the health care professional involved in the provision of the Health Care Service, acting on the basis of an employment contract or other similar contract concluded with Denslux Dentistry, are liable only for negligent breach of duty, in particular for errors in diagnosis and treatment and for breach of the duty to inform and obtain the consent of the Client. Denslux Dentistry shall also be liable for the actions of persons assisting it and for faults in the equipment used to provide the Service.

10.3. Denslux Gambaravi shall not be liable for any negative consequences and damages arising from the provision of the Service if (i) the Client has been informed of the potential risks and consequences and has consented to the provision of the Service; (ii) it is caused by the Client’s breach of the duty to provide information or to cooperate, including if the Client fails to follow Denslux Gambaravi’s instructions in preparing for the Service or provides incorrect, incomplete or misleading information about himself or his health.

10.4. It is the responsibility of the Client to prove the basis of the liability of Denslux Dental Care and the healthcare professional involved in the provision of the Service, unless the provision of the Healthcare Service to the Client has not been properly documented.

10.5. The statute of limitations for a claim for damages arising from the provision of Health Care by a Client is five years from the time the Client became aware of the breach of the obligation and the damage by Denslux Dental or a health care professional in connection with the provision of Health Care.

10.6. If Denslux Dentistry refers the Client to a third-party service provider in the context of the provision of the Service, the Client shall enter into a separate service agreement with that service provider and Denslux Dentistry shall not be liable for the services provided by that third party.

10.7. If the Customer is incapacitated, the representative of the incapacitated Customer shall also be a party to the Contract in respect of the Customer’s financial obligations under the Contract. This means that, in the case of a Customer with diminished capacity, both the Customer and the Customer’s representative are liable for the performance of the Customer’s financial obligations under the Contract.

10.8. Denslux Dentistry is supervised by the National Board of Health.

11. PROCESSING OF PERSONAL DATA

11.1. Denslux Dentistry processes the Client’s personal data in accordance with Estonian and European Union legislation on the protection of personal data.

12. CHANGES

12.1. Denslux Dentistry reserves the right to amend the General Terms and Conditions (including the list of Services offered and the prices) by giving at least 30 calendar days’ notice via the Website. In the event of disagreement with the amendments, the Customer shall have the right to terminate the Agreement without notice before the amendments take effect. Termination of the Agreement shall not affect any obligations that have become due prior to termination. If the Customer does not terminate the Contract before the amendments enter into force, the Customer shall be deemed to have accepted the amendments.

13. APPLICABLE LAW AND JURISDICTION

13.1. The law of the Republic of Estonia shall apply to the contract. Disputes arising from the Agreement shall be settled by negotiation, failing which they shall be settled in court. Alternatively, the Client may contact the Expert Committee on the Quality of Health Care Services for an out-of-court assessment of the quality of the health care service at the address.