Last updated: Winterthur, August 27, 2024
Terms and Conditions
1. Our services
We perform laser eye surgery to correct vision defects (“Services”) using the Femto LASIK and TransPRK procedures (hereinafter “Treatment”).
2. About us
The Services are provided by betterview AG (“betterview“, “we”, “us”), Neuwiesenstrasse 15, 8400 Winterthur, Switzerland. You can find more information about us on this page. If you require any further assistance, the best way to reach us is via [email protected].
3. 3. What do these General Terms and Conditions (“GT&Cs”) regulate?
3.1
These GT&Cs regulate the legal relationship between you and betterview, for example, when you schedule an appointment and/or use our Services.
3.2
You and betterview are hereinafter collectively referred to as “Parties” and each individually as “Party.”
4. Who do we treat?
4.1
Our Services are aimed at private individuals and are available to persons over 18 years old and capable of making rational judgments.
4.2
Treatment is only available to persons under 18 or those incapable of making rational judgments with the written consent of a legal representative. In these cases, we recommend that a legal representative be present at all appointments.
4.3
We only treat persons eligible for Treatment. Therefore, a successful preliminary examination is a mandatory prerequisite for Treatment.
4.4
Agreeing to these GT&Cs confirms that these requirements have been met.
5. What is the Treatment procedure?
5.1 Scheduling an appointment, preliminary examination, Treatment, and changes.
5.1.1
First, you select your desired date with us online, preferably via our website. If our capacity allows, you are welcome to come to one of our locations without an appointment for the preliminary examination for your desired Treatment (“walk-in”).
5.1.2
During the examinations, you'll be informed whether you are suitable for Treatment and which is best for you. During the preliminary examination (approx. 15 minutes), we check whether Treatment is an option for you. We take high-resolution images of your eyes to analyse the cornea's surface.
5.1.3
If you are suitable for the Treatment you desire, we schedule another appointment for your main eye examination to obtain the definitive values and data needed.
5.1.4
If the examinations and discussion are successful, and we receive your approval for the specific laser procedure, you'll receive an offer valid for one month (“Acceptance Period”).
5.1.5
The Treatment contract comes into force when you accept the offer (usually as soon as you have signed it electronically and returned it to us).
5.1.6
If you accept the offer after the Acceptance Period has expired, your acceptance constitutes a new offer, which is only accepted when we confirm in writing (e.g. by email).
5.2 Laser Eye Treatments
5.2.1
Once you decide to undergo laser Treatment with us, sign the consent form and pay (see Section 7, “Paying for your Treatment”). We will then schedule your Treatment appointment. At that appointment, we will perform your vision correction Treatment. Afterwards, we check the results during a follow-up. The follow-up is included in the price.
5.2.2
We perform the Treatments on an outpatient basis. Before Treatment, we anaesthetise the eye to be operated on with drops. The Treatment only takes a few minutes and is completely pain-free.
5.2.3 Femto LASIK Treatment:
We use an excimer laser to correct corneal curvature during Femto LASIK. The doctor creates a thin cover (“flap”) in the uppermost corneal layer of the eye and folds it aside. This incision technique is safer than others because your cornea won't be damaged and will heal quickly. Then, the doctor uses the excimer laser to correct your vision. After the vision correction, the doctor folds the flap back over your eye, and the cornea heals.
5.2.4 Transepithelial Photorefractive Keratectomy (“TransPRK”) Treatment:
TransPRK is a sophisticated, computer-controlled laser vision correction that treats the cornea without contact. There is no cornea incision. Instead, we use the excimer laser to remove the cornea's uppermost layer (epithelium) and a deeper layer. Afterwards, the doctor corrects your vision using the excimer laser, minimising the strain on your eyes. Thereafter, we provide you with a bandage contact lens to accelerate healing and protect your eye.
5.2.5 Lens exchange (MIOL):
Refractive lens exchange is a surgical procedure in which we remove your endogenous lens and replace it with an artificial lens. We perform a lens exchange to correct severe refractive errors such as long-sightedness and short-sightedness, presbyopia or corneal curvature, and cataracts. Because the multifocal intraocular lens corrects distance and near vision, afterwards, you will typically be free of glasses in everyday life. We perform the operation in phases: Firstly, we open the lens capsule, then remove the lens material, and insert an artificial lens. A surgeon manually makes all surgical cuts (incisions) and removes the lens with ultrasound (phacoemulsification). The lens capsule remains in the eye, serving as a “pocket” for the new artificial lens. After cleaning the lens pocket, the surgeon inserts the new lens.
5.2.6 Lens implantation (ICL):
ICL (implantable contact lenses) are often suitable for younger patients with moderate to severe refractive errors or when they cannot be treated with the LASIK method. ICL are ultra-thin artificial lenses implanted in the eye in addition to the natural lens. Implantation of 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”) will be provided to you in our offer, which you'll receive after the preliminary examination. Prices provided in any other way (in particular, verbally, in brochures, or on the website) are not binding and do not constitute an offer.
7. Paying for your Treatment
7.1 General
7.1.1
The Treatment costs must be paid in full before Treatment, usually after the contract has been signed. We reserve the right not to provide our Service if your bill hasn't been paid.
7.1.2
Alternatively, we offer payments by instalment if you meet the necessary conditions (see Section 7.2).
7.1.3
You agree to pay all fees and transaction costs in full when transferring funds to our bank account.
7.1.4
Payments must be made in Swiss Francs (CHF).
7.2 Instalment payments via MF Group
7.2.1
If you want to pay your Treatment costs in instalments, we can arrange that via the third-party provider MF Group AG (“MFG”), Bohl 6, 9004 St. Gallen, Switzerland, provided you meet the necessary conditions. Instalment payments mean paying your bill in partial payments.
7.2.2
If you pay via MF Group, you agree that we assign our claims against you to MF Group. Please familiarise yourself with MF Group GT&Cs before you decide. Fees and interest may apply. MF Group is exclusively responsible for any queries about the bill and all other questions concerning payment. If you have any complaints about how MF Group processes your payments, please inform us by email ([email protected]) or MF Group ([email protected]).
7.2.3
If you pay in instalments via MF Group, we are entitled to discontinue our Services if you don't pay on time.
8. Late arrival, rescheduling, and termination of Treatment
8.1 General
Please note that if we schedule Treatment appointments with you, we reserve this time exclusively for your Treatment. We understand that there may be times when an unforeseen event prevents you from keeping or being on time for your Treatment appointments. If you experience such circumstances, please contact us immediately by email at [email protected] or by phone (You can find the phone number for the specific location here).
8.2 Late arrival and Treatment rescheduling
8.2.1 Late arrival, no-show
8.2.1.1
If you arrive late for your Treatment appointment, you are only entitled to Treatment during the scheduled time.
8.2.1.2
If your being late causes additional costs (e.g. because you require an additional appointment or overtime on the part of our staff), you agree to pay those costs.
8.2.1.3
If we can no longer perform the Treatment due to your being late or if you don't show up for your Treatment appointment, an alternative appointment will be scheduled.
8.2.1.4
You agree to pay a fee for the missed Treatment appointment in accordance with Section 8.2.2.
8.2.1.5
We have the right to refuse your Treatment without refunding the fee if you fail to show up twice or are late for your Treatment appointment.
8.2.2 Rescheduling
8.2.2.1
You can reschedule your Treatment appointments as follows:
- At least seven days before your Treatment appointment for CHF 300. In other cases, we reserve the right to charge you a fee of CHF 1,000.
- We may have to reschedule a Treatment appointment (e.g. because our staff is absent due to illness). If we must reschedule a Treatment appointment, we'll arrange an alternative appointment for you.
8.2.2.2
We may reschedule your Treatment appointment at any time and as often as necessary; you have no right to compensation or Treatment discontinuation.
8.3 Treatment termination
8.3.1
Please note that your Treatment begins when you make your appointment (even if you reschedule or miss it due to being late or not showing up). If you discontinue Treatment for any reason, you agree to pay an administration fee of CHF 250.
8.3.2
We have the right to refuse you Treatment without a refund if the doctor treating you no longer deems the Treatment medically justifiable (e.g. you fail to comply with the doctor's instructions or provide relevant information during the preliminary examination, etc.). In that case, you agree that you are not entitled to (partial) reimbursement of your Treatment costs.
8.3.3
If your Treatment is discontinued and later resumed, we reserve the right to make you a new offer.
9. What do you agree to?
9.1
You agree to:
a) act in good faith and, in particular, provide truthful information about yourself, your health, and your physical condition;
b) provide us with your correct contact information;
c) be able to pay for our Services when ordering them;
d) notify us immediately of any inability to pay;
e) follow our instructions when using our Services;
f) only provide us with information and documentation you are entitled to share
9.2
In the event of a breach of these obligations, we reserve the right to refuse you our Services. You also agree to bear any costs incurred as a result.
10. What are your rights if the Treatment doesn't go as expected?
10.1
Please note that we cannot guarantee Treatment success because each person responds differently.
10.2
If the Treatment doesn't produce the desired result, and you are unsatisfied, please contact us to discuss your concerns.
10.3
No claims such as warranty rights (rectification, reduction, or similar) can be made if the Treatment doesn't lead to the desired result or doesn't meet your expectations. We will find a solution together.
11. Patient information leaflet
11.1
The patient information leaflet provides information on the Treatment procedure and possible risks and side effects.
11.2
Please read the patient information leaflet carefully and contact us with any questions.
12. Disclaimer
12.1
You assure us that you have familiarized yourself with the risks and side effects of the Treatments and that you accept them.
12.2
You agree to indemnify us fully and not to make any claims should risks or side effects occur and cause any damage. This is especially true if you don't 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. Privacy Policy
13.1
Our Privacy Policy contains information on how we process and protect your personal data. By using our Services, you agree to this.
13.2
For legal reasons, we keep your medical records for 20 years.
14. Completeness of the contract
14.1
These GT&Cs, together with the documents you sign when ordering a Treatment, the patient information leaflet, and the Privacy Policy, regulate all rights and obligations of the Parties in connection with the Services we provide.
14.2
Any changes, side agreements, and additions require written confirmation (e.g., by email) to come into effect.
15. Waiver of rights
If a Party fails to perform any part of the contract and the other Party doesn't insist on proper performance, that does not waive the right to performance of other parts of the contract.
16. Severability clause
If one or more provisions of these GT&Cs are invalid or ineffective, the remaining provisions remain unaffected. The Parties will replace the invalid or ineffective provisions with those that are valid and effective, reflect the original intent of the Parties the best, and, if possible, lead to the same economic result.
17. Changes to these GT&Cs
17.1
We may change these GT&Cs at any time. We'll inform you of the change in an appropriate manner.
17.2
If you don't object in writing (e.g., by email) within one month after we have informed you, the changes are deemed to have been approved.
17.3
The currently valid version of these GT&Cs can be found 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 provided by us.
18.2
The Parties choose the state courts in Zürich as the exclusive place of jurisdiction for disputes.