Terms and Conditions
Last Updated: 31.03.2021
1.1 These Terms and Conditions, including the Payment Terms (hereinafter referred to as “Terms”) apply to the use of the Qunomedical website (currently available at www.qunomedical.com) and services as offered by Qunomedical GmbH (referred to below as “We”, “Us”, “Our” etc.) by individuals (referred to below as "You", “Your” etc.).
1.2 These Terms are the only terms, which apply. General contractual clauses which deviate from these, will not be accepted by us; communication with You or the provision of services by Us will not be deemed implied acceptance of any deviating general contractual clauses.
1.3 We will not store the contractual terms for You.
1.4 As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Qunomedical is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
2. Scope of Services
2.1 Searching and General Use of Our service: Our service is an Internet platform that provides services to patients seeking treatment in hospitals, clinics, doctors or by other health service providers (together “Clinics”) around the world. The Platform contains information on medical treatments offered and provides search functionalities, which allow users to identify health service providers and individual doctors that offer the desired medical services. At Your request and on the basis of information submitted by You we contact Clinics, which we have previously researched and selected, in order to provide You with information and a free quote on such Clinics and on possibilities and costs involved for medical service as requested by You.
2.2 We do not provide any medical service and assume no warranty for the accuracy of information provided either by You or by the Clinics, but merely transfer information from You to the Clinics and vice-versa.
2.3 This service as defined in 2.1 is free of charge to You as we are remunerated by the Clinics or other health service providers whom we cooperate with.
2.4 Booking a treatment: You can reserve, book and manage Your desired treatment date (“Booking”) and appointment with the Clinics, we cooperate with, directly through Our service. You can maintain and manage Your booking through the use of Our Service.
2.5 You can secure the Booking of your appointment with the Clinics through the use of Our service by arranging the payment of the Qunomedical Service Fee. Please see all relevant payment details in section 4: “Payment Terms”.
2.6 Qunomedical is not acting as a payment provider, payment agent or money recipient for any of the hospitals, clinics, doctors or healthcare providers listed on www.qunomedical.com or whom we cooperate with.
3. Conditions of Use, User Obligations*
3.1 You must have full legal capacity and be at least 18 years old.
3.2 You undertake to only make accurate and complete statements when submitting information to Us or to a hospital, clinic or other health service provider through our services.
3.3 In case your medical situation or any other information that You submitted changes, or You become aware that the information submitted was not accurate or was incomplete, You will immediately inform Us in writing to update the relevant information.
3.4 By submitting copyrighted material or material that is subject to other intellectual property rights You grant Us a non-exclusive, perpetual limited world-wide license to use this material to the extent required to perform our services as agreed with You. This license includes in particular the right to store and communicate such material to a hospital, clinic or other health service provider in order to obtain information on possible treatment for you and a quote on the cost associated with such treatment.
4. Payment Terms
4.1 The following Payment Terms apply for the usage of our Service as defined within “2.4 following the “Booking of a treatment.”
4.2 The Payment terms are a binding legal agreement between You and Us. Your right of Withdrawal is explicitly explained in section 5: “Right of Withdrawal”
4.3 Our Service and the Usage of the internet platform and all related Qunomedical websites is free of charge.
4.4 The Qunomedical Service Fee: For a Booking (the reservation and maintenance of a medical treatment appointment with the Clinics), we charge a Service Fee of € 250,00. (in words: two-hundred-fifty Euros). The service fee includes the German Value Added Tax (VAT) of 19% (in words: nineteen percent).
4.5 The Service Fee may include (if applicable) the following “Payments”:
Charging the Service Fee from You with payments methods such as credit card, bank account or PayPal.
Refund of the Service Fee to you, in case you cancel the treatment date, based on your rights with section 5: “Right of Withdrawal” or our refund policy stated in 4.8.
4.6 In order to use the Service Fee and our payment services Our “Conditions of Use, User Obligations” and all general Terms need to apply.
4.7 Qunomedical is not acting as a payment provider, payment agent or money recipient for any of the hospitals, clinics or healthcare providers we cooperate with. 4.8 Your use of the “Service Fee” a) In order to secure a Booking and to reserve a treatment date for You within the Clinics we cooperate with, you agree to comply with these Payment Terms.
b) Our Payments may contain links to third-party websites or resources. Such Third-Party Services are subject to different terms of service and privacy policies, and You should review them. We are not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Us or of those Third-Party Services.
c) You accept that Our Payments maybe subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
d) You will be asked to provide billing information such as name, billing address, and financial instrument information either to Us or Our third-party payment processor(s). You authorize Us and Our payment service providers to collect and store your Payment Method information.
e) Time of payment: Once You receive a quote and agree to the information presented, you can book this treatment with the payment of the Qunomedical Service Fee. The Service Fee is due immediately and the presented information in the quote is only valid for 48 hours (in words: forty-eight hours.
f) Currency: The payment is only available in EURO.
h) We are not responsible for any loss suffered by Your use of processing the Our Service Fee.
4.9. General Terms of the Service Fee.
a) Nature of payment: The payment of the Qunomedical Service is classified as a security payment, necessary to reserve and maintain your desired treatment date with the Clinics.
b) Authorization of payment: You authorize Us to collect from You amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize, or (ii) by withholding the amount from your future pay out. Specifically, you authorize Us to collect from you: - The Qunomedical Service Fee as a result of booking your treatment date - Taxes, especially the German VAT of 19% and where applicable.
c) Payment Errors: We will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original pay out method or payment method used or selected by You, so that You end up receiving or paying the correct amount. This may be performed by US or a third party such as Your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to You due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future pay outs owed to You. To the extent You receive any funds in error, You agree to immediately return such funds to Us. d) Refunds The Service fee is non-refundable. Any refunds or credits due to Your request are only valid if one of the following conditions apply: (1) You are medical not able to travel or not eligible to proceed with your booked treatment at one of the Clinics and prove this to Us with a written statement of a medical doctor, latest 7 days before the treatment date. The treatment date is defined in the booking confirmation You receive from us. (2) You are eligible to withdraw, based on section 5: Right of Withdrawal e) Disclaimers The Service Fee will not be charged for single treatment below 500,00€ in words (five-hundred Euro). The Service Fee will be acknowledged by our Clinics as Booking security and deducted from the final treatment price presented in your booking confirmation. Your payment of the Service Fee can be used as a Booking security with Your chosen Clinic within 12 months (in words: twelve months) after arranging the first payment to Us giving you flexibility and the right to reschedule your previously chosen treatment date twice within the first 12 months upon acceptance of the Clinic If You choose to use the payment services, You do so voluntarily and at Your sole risk. To the maximum extent permitted by law, the payment services are provided “as is”, without warranty of any kind, either express or implied.
5. Right of Withdrawal
5.1 You have the right to cancel this contract within fourteen days without giving reasons. 5.2 The revocation period is fourteen days from the day the contract is concluded. 5.3 In order to exercise your right of withdrawal, you must send Us (Qunomedical GmbH Chausseestraße 8, 10709 Berlin Tel.: 030200042054 an E-Mail: firstname.lastname@example.org by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification about the exercise of the right of withdrawal before the end of the withdrawal period.
5.4 Consequences of withdrawal If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested that the services be commenced during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of revocation with respect to this Agreement compared to the total scope of the services provided for in the Agreement. 5.5. Template for Your Right of Withdrawal If you want to cancel the contract, please fill out this form and send it back to: Qunomedical GmbH Chausseestraße 8, 10709 Berlin I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) - Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Date
6.1 Only one voucher per order can be used and only when booking with Qunomedical. Vouchers can't be combined with other offers.
6.2 Vouchers are only valid for a single transaction; any remaining amount is not exchangeable with cash or another voucher and will be automatically forfeited.
6.3 Vouchers can be considered null and void without the expiry date and authorized signature being filled up, seal and other authentication signs or if tampered.
6.4 Any additional cost exceeding the value of vouchers will be paid by the redeemer.
6.5 It is not permitted to sell voucher codes in any way.
6.6 Qunomedical reserves the right to discontinue a voucher at any time or to modify any vouchers' terms and conditions.
6.7 Qunomedical shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher or any failure or inability of a customer to use a promotional voucher for any reason.
6.8 Qunomedical reserves the right to refuse redemption of vouchers if they believe that they are being used by someone other than the intended recipient.
6.9 Qunomedical reserves the right to decline to accept vouchers where, in its opinion, a voucher is invalid for the booking being made.
All vouchers offered by Qunomedical, expire three (3) months after being issued.
7. Price Match Policy
7.1 In case You find a cheaper price for a hair transplant treatment with one of Our partner hospitals, clinics or doctors listed on: www.qunomedical.com we match the price, if the following conditions are fulfilled:
7.2 You previously requested a quote for the exact same treatment through Us.
7.3 You are able to find a cheaper offer from one of our partner hospitals, clinics or doctors listed on www.qunomedical.com, after your received the quote.
7.4 The offer needs to be clearly recognizable as an official offer from the hospital, clinic or doctor as We need to be able to verify it to our satisfaction.
7.5 Our Price Match applies up to 48 hours after receiving the quote through Us. Proof of offer will be required, without exception.
7.6 The price being matched must include all taxes (including VAT) and additional charges which might apply.
7.7 Price Match does not cover typographical errors.
7.8 Vouchers are not accepted.
7.9 We reserve the right to withdraw this Price Match Policy at any time or amend it at any time without further notice.
8. Become a Testimonial
8.1 "Become a testimonial" is a time limited special offer, only valid within the defined timeframe of the advertisement.
8.2 Only valid for new bookings, when you have not started your inquiry process with Qunomedical.
8.3 Payments are redeemable, only if you book one of the treatments with a package price above 1500 Euro and received the treatment. Not valid in combination with other discounts or offers.
8.4 300 Euro shall be paid as follows: First payment of 150 Euro shall be paid, 14 days post treatment. Second payment shall be made 12 months post treatment date and only if theses conditions apply.
8.5 Treatment can take place anytime during 2020 (depending on availability).
8.6 The full treatment price only needs to be paid at the clinic when getting the treatment.
8.7 Qunomedical will request pictures, videos and reviews from you. In month 1, 3, 6, 9 and 12, post treatment, you agree to share
Before and After Pictures
Short videos which document the current status of your hair growth
Detailed review of your booking experience with Qunomedical and treatment experience
8.8 You acknowledge that the results and proceeds of the services provided hereunder, including without limitation all ideas, themes, materials, and designs developed, created and/or provided by you is owned by Qunomedical, for all purposes worldwide in perpetuity. You hereby assign and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to Qunomedical.
9. Limited Liability
9.1 We shall only be liable for damages incurred by You (1) that Our directors, employees or agents have caused by intent or gross negligence; (2) resulting from death or personal injury caused by a breach of obligations by Our directors, employees or agents; (3) covered under the Product Liability Act (Produkthaftungsgesetz), a contractual guarantee or resulting from willful deception by Our directors, employees or agents and (4) caused by the breach of an obligation that is required for the performance of the agreement and that the contract partner can normally expect not to be breached (“Kardinalpflicht”).
9.2 Our liability in cases (1), (2) and (3) as described in the preceding paragraph 5.1 is unlimited, otherwise Our liability is limited to the foreseeable and typical damage.
9.3 In any other events than those set out in paragraph 5.1 and without prejudice to the following paragraph 5.4 Our liability shall be excluded.
9.4 The preceding limitations of liability shall apply mutatis mutandis to any personal liability of Our directors, employees and agents. They shall not change the statutory rules on the burden of proof.
10. Intellectual Property Rights, External Links
10.1 All intellectual property rights in the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Us or Our licensors. Except as expressly set out herein, nothing in these Terms gives You any rights in respect of any intellectual property owned by Us or Our licensors and You acknowledge that You do not acquire any ownership rights by downloading any information, accessing the website or using the service.
10.2 Our website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide You with access to information, products or services that You may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that We include links to such external sites does not imply any endorsement of or association with their operators or promoters.
11. Data Protection
12. Qunomedical’s Satisfaction Guarantee (SG)
The Quno Promise Your safety and happiness is our top priority. Every treatment comes with medical risk but we fully believe in the quality of our network. We do everything we can to help you make a safe choice. This is why, when you book through Qunomedical, we guarantee quality care & unlimited support - even after your treatment. We’re with you all the way and in case you don’t get the promised results, we will pay for your second treatment or give your money back.
Quality Assurance We thoroughly screen clinics and doctors based on a number of relevant criteria. This means you will only find top-quality clinics and world-class doctors in our network.
Money Back If you are unhappy with your treatment outcome, we will go above and beyond to support you. It takes time to see the full results, but if after 12 months you don’t have the promised results - we will pay for your second treatment or give your money back, your choice.
Price Match We have the best price in the market, if at the time of booking you find the same offer at the same clinic cheaper somewhere else, we will match it.
12.1 Application for SG can be made under the following cumulative conditions: a) You booked your Hair, Dental or Rhinoplasty treatment through Qunomedical. b) Your treatment date is post January 1st, 2019 and with one of Qunomedical’s partner clinics listed. c) You received the booked treatment at least twelve (12) months prior to the SG application. d) Booked and received treatment do not differ from each other, either by medical service, medical service provider or total price of the treatment. If a price difference between booked and received treatment differs by a thousand (€1,000.00) Euro or more, the SG can’t be claimed. e) You have proved that the success of the treatment did not occur. For proof, a signed evaluation by a licensed doctor within the respective medical field is necessary. f) The treatment specific conditions apply (Section C below). g) Together with Qunomedical, You unsuccessfully tried to resolve the matter with the clinic or hospital. h) No double compensation. You have not yet been refunded directly by any third party, e.g. credit card institution, insurance or by the clinic or hospital directly. i) The application is submitted within fifteen (15) months of the date of treatment.
12.2 The SG is not applicable, if one of the following conditions apply: a) You apply for the SG prior to the end of the twelve (12) month post-treatment period. b) The doctor responsible for the treatment evaluated the medical treatment/outcome as successful. c) The total treatment amount is below five hundred (€ 500.00) Euro. d) You have already received after/ post-treatment compensation or treatment by the responsible doctor or any third-party doctor. e) The initial, first treatment booked through Qunomedical is medically necessary. f) The application is filed after fifteen (15) months from the date of treatment.
12.3 Treatment specific Conditions: Minimum medical cumulative conditions: • You strictly followed the pre- and post-operation guidelines provided by Qunomedical and the clinic. • You have no medical conditions and do not take any medications which could affect your result. If your treatment requires several sessions, the additional session will not be covered by the SG.
12.4 Miscellaneous The payment reimbursement is only valid for the following items: • Treatment price (gross) • Ground transportation (e.g., Airport Shuttle) • Flight costs, up to five hundred (€ 500.00) Euro; required to reach clinic destination and return to home country • Hotel cost for covering the treatment time
Additional costs, including but not limited to flight, travel and living costs are not covered. The payout limit is set at twenty-five thousand (€ 25,000.00) per treatment. Legal Nature: With the Satisfaction Guarantee (SG) Qunomedical provides a warranty promise as a gesture of goodwill.
11. Concluding Provisions
13.1 These Terms shall be governed by German law to the exclusion of the rules on the Convention on the International Sale of Goods (CISG) and the rules for conflicts of laws. The courts of Berlin shall have exclusive jurisdiction on any dispute arising on or in connection with these Terms and/or the legal relationship between You and Us and you irrevocably submit to the jurisdiction of the courts of Berlin.
13.2 These Terms represent the entire agreement between You and Us in relation to the use of Our website and Our services.
13.3 If individual provisions of these Terms should be or become ineffective in full or in part, the contract will remain otherwise effective. If We fail to enforce any of our rights, that does not result in a waiver of such right.
13.4 You may not transfer or assign any or all of Your rights or obligations under any contract with us.
13.5 All notices given by You to us must be given in writing to the address set out in the imprint of the website. We may give notice to you at either the email or postal address You provided Us when contacting Us.