The Terms and Conditions of business apply to services carried out by Cosmex Limited t/a Cosmex Clinic

1. DEFINITIONS

1.1. “COSMEX” or the “Company” means Cosmex Limited company No: 

1.2. “Patient Information” refers to the information supplied by COSMEX to patients both in brochure, letter form and electronic communication

1.3. “Procedure” refers to the medical procedure to be carried out by a Surgeon and includes the activities of an anaesthetist engaged by the patient and who holds a Practicing Privileges Agreement or Surgeon’s Contract or is in some other way permitted to carry out medical procedural activities at COSMEX premises. Patients attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist. “Surgeon” means the person holding themselves out to be a qualified medical practitioner registered with the General Medical Council.

1.4. “Patient” means any person who has entered into a contract with COSMEX for the non- surgical aspects of a Procedure – with the surgical outcome being the responsibility of the Surgeon and/or anaesthetist with whom the patient also contracts. Patients attending external facilities will contract with that facility for the in-patient episode which would usually include an anaesthetist.

1.5 “Non-Surgical aspects of a procedure” means the services provided by COSMEX, namely the provision of the premises; the theatre and the preoperative assessment and with COSMEX for the post-operative nursing care. It does not include the pre- operative and post-operative consultation and/or advice and/ or treatments (Which include decisions on medication and discharge of the patient), which remain with the appropriate admitting practitioner. Patients attending external facilities will contract with that facility for the in-patient episode.

1.6. “Pre-booking” means a booking and payment made prior to Consultation with a Surgeon.

1.7. “Initial Aftercare Period” means the aftercare included within the cost of your procedure.

1.8. “Cost” is Total Surgery Price as detailed on the quotation.

1.9. “Consultation” an aspect of the procedure, is a pre-operative meeting between the patient and the Surgeon, at which the patient’s suitability for the procedure is considered. Consultation with a Patient Care Co-Ordinator and/or any members of staff should be regarded as merely assisting the patient to make an informed choice about the procedure. The Patient Care Co-Ordinator and/or member of staff is unlikely to be a doctor and any advice he/she gives should, in any event, be regarded as purely of a general non- medical nature.

1.10. “Premises” means clinic, or other building, or part thereof, under the occupation, or management of COSMEX.

1.11. “External facilities” are those not owned by COSMEX.

1.12. “Further Surgery” refers to additional surgery performed following the original operation which is either included in the original costs paid, or when additional fees are charged.

2. OBLIGATIONS AND WARRANTIES

2.1. COSMEX warrants that before inviting a surgeon or anaesthetist to receive Practicing Privileges rights or a surgeon’s/anesthetist’s contract permitting the said person to practice at COSMEX premises, COSMEX confirms that the person is registered with the General Medical Council and ensures that COSMEX has seen a copy of a private practice indemnity insurance cover Certificate which is current at the date of granting practicing privileges rights, or a Contract, or other such agreement which permits him/her to practice such procedures. COSMEX does not usually obtain copies of the whole of the private practice medical indemnity insurance policy document and nor does It make any warranties in respect of the content of the same, save as set out above. Patients attending external facilities should ensure that the facility they are attending holds this documentation in respect of any Practitioner who may attend the patient during the in-patient episode.

2.2. All Surgeons, as self-employed contractors, are themselves responsible for maintaining their revalidation and registration with the General Medical Council and maintaining full private practice medical indemnity insurance. It is recommended that the patient independently checks the most up to date position with regards to the practitioner’s registration with the General Medical Council and his/
her private practice medical indemnity insurance position before undergoing any procedure. All the Surgeons and anaesthetists which COSMEX may from time to time introduce to patients are self employed and, as such make their own clinical decision at all times and are responsible for the outcome of surgery and the surgical aspects of the procedure.

2.3. The Surgeons and Anaesthetist fees are included in the quoted price and COSMEX acts as their agents in the collection of them. Surgeon fees may be applied or may vary where further surgery is required.

2.4. The patients warrants no cause of action will accrue against either COSMEX for any surgical aspect of the procedure carried out by the Surgeon and/or anaesthetists.

2.5. The patient warrants that he or she will read the patient information provided in order to fully understand the range of possible outcomes, risks and benefits of the proposed procedure.

2.6. COSMEX will provide all post-operative medication required relevant to the procedure (i.e. antibiotics and painkillers) as prescribed by the relevant Surgeon or a doctor; where the medicine is not included, a prescription will be provided to the patient and the fee for this prescription is the responsibility of the patient. Patients attending external facilities will receive post- operative medication directly from the external facility. This medication does not include any medication required after the first 5 days post op-surgery unless this is a prescription medicine, required and prescribed by the medical practitioner. It may also not include specialist medication required, or medicine needed if the patient has not adhered to post-operative instructions.

3. PATIENT’S OBLIGATIONS

3.1. This contract is conditional upon the acceptance of the patient by the Surgeon and/or anesthetist based upon information given by the Patient during the consultation with him/her. The decision to carry out surgery shall be at the discretion of the Surgeon, the anaesthetist and COSMEX.

3.2 The patient warrants that he or she will read the patient information provided to fully understand the range of possible outcomes of the proposed procedure.

3.3. Patient agrees to comply with post-operative instructions

3.4. Patient agrees to inform the company if they have concerns with their care or outcomes at any stage, and offer the company the opportunity to correct this in the appropriate way before publicising any information in a public domain (websites, social media, general media and instant messaging).

3.5. Patient agrees to adhere to the company aftercare process.

3.6. Patient accepts that if they fail to follow clear instructions or take their care to an external provider; attempt to self-care or allow unqualified people to interfere with their care, that the company can withdraw aftercare on this basis.

3.7. Patient accepts that clinical staff may not be available 24/7 therefore calls and appointments will be offered subject to staff and clinic availability

3.8. Patient understands that the company may decline surgery if a patient is not prepared to provide a medical information (which includes GP summary, specialist letters, investigations, results and supporting letters), so we can work closely with healthcare providers, for safety reasons and share information within GDPR.

3.9. Patient understands that if they wish to change their surgery in any way, they must return to see their surgeon and be consulted for these changes before their procedure date, normal terms and conditions apply see section 5.

3.10. Patient has the choice to waiver their right to a 14 day clinical cooling off period.

3.11. Patient has the right to self-discharge against best advice, disclaimers are available so long as patient accepts all risks and consequences.

3.12. The Patient acknowledges that their Patient Care Coordinator is not a Doctor or Surgeon.

3.13. Any advice that the Patient Care Co-Ordinator may give is purely of a general non- medical nature. If the Patient has any queries these should be raised at consultation with the Surgeon, and/or anaesthetist or other suitably qualified persons.

3.14. The Patient agrees to provide the Surgeon, Anaesthetist and clinical staff of the clinic with a health history that is honest, accurate, reliable and complete. The Patient understands that withholding any medical information could be detrimental to his or her health and safety and may result in cancellation of the procedure with no refund. The Patient agrees that if any change occurs in his or her medical history or status to inform COSMEX and the Surgeon and the anaesthetist without delay and to keep COSMEX, the Surgeon, and the anaesthetist informed.

3.15. Treatment will only be given where satisfactory payment has been received at least 30 days prior to surgery (or as soon as possible for surgery booked less than 30 days in advance, but always prior to surgery)

3.16 The minimum age for any consultation or surgical procedure is 18 years of age. 3.17 The patient accepts responsibility to be aware of the consent they are signing and to ask questions in a good time frame if unsure

4. GENERAL OBLIGATIONS

4.1. COSMEX reserves the right to alter the Patient’s procedure date and/or outpatient appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the short notice cancellation on any procedure/ appointment (including reimbursement for travel, tests, hotels).

4.2. The Patient agrees that in signing this set of Terms and Conditions and any Pre- Operative Medical Notes, that he/she has understood the terms and has been given an opportunity to seek explanation. The pre-operative medical notes are designed to ensure that you and your Surgeon, are fully agreed as to the procedure that has been planned for before your operation and that you understand the potential risks and benefits. You must sign this form before surgery commences.

4.3. The patient accepts that COSMEX ‘s liability for breach of contract is any way limited to the operation costs. The Patient and the Surgeon will be required to sign a Medical Consent Form at the clinic prior to surgery.

4.4. The company reserves the right to cancel or postpone procedures, this decision must be a reasonable one and in the best interest of the patient; in the event of late cancellations or movements, the company accepts no liability for any financial loss to the patient and no reimbursements.

4.5. In the interest of patient safety and welfare, we reserve the right to cancel or postpone your procedure.

5. RESCHEDULING

5.1. Rescheduling – if you need to reschedule your surgery, the following fees will apply to offset against administration and losses incurred:

5.2. 14 days or more notice £75

5.3. 13 to 6 days notice £250

5.4. 5 to 3 days 50% of the operation cost

5.5 Less than 3 days, full cost of surgery retained

This policy does not affect the 5-day period of reflection

6. CANCELLATIONS

6.1. Cancellations of bookings – we recommend that you consider all aspects of your procedure for at least 14 days after your Consultation with your surgeon. 5 days following your Consultation, should you wish to cancel your procedure, the deposit paid is non-refundable, any other monies paid for your procedure are fully refundable, with the proviso that the Company has been notified by recorded or guaranteed post to Scheduling Department. Outside of this period, the following fees will apply to offset against administration and losses incurred.

6.2. Cancellations made over 2 weeks prior to surgery date – 10% of the total cost.

6.3. Cancellations made 8-14 days prior to date of surgery – 25% of the total cost.

6.4. Cancellations made 7 – 3 days prior to and including date of surgery – 50% of the total cost.

6.5. Cancellations made 3 days or less – full cost of surgery retained.

7. Cancellations for medical reasons

7.1. Cancellations necessary due to previously unknown medical conditions will be rescheduled where possible. If after reasonable consideration the indicated medical condition prevents rescheduling of the procedure, then refund of the monies paid will be given in full to the patient.

7.2. Cancellations due to pre-existing medical conditions which were known by the Patient but undisclosed prior to booking the Procedure will be refunded in line with section 6.2 – 6.5 of this contract.

7.3. If the procedure is abandoned intra-operatively due to unforeseen medical conditions, COSMEX will retain sufficient monies to cover the costs incurred by the Company as reasonably deemed fit and in accordance with these terms and conditions.

7.4. “Pre-booked” appointments may be cancelled at any time prior to consultation and will receive a full refund including the deposit. Cancellations after the consultation will be refunded in line with section 6 above.

8. JURISDICTION

8.1. The laws of England shall apply to this contract and the courts of England shall have exclusive jurisdiction.