Last updated: Winterthur, May 9, 2023
Terms and Conditions
1. Our services
We perform laser eye surgery to correct vision defects ("Services"). For this purpose, we use the Femto LASIK and TransPRK procedures (hereinafter "Treatments").
2. About us
The Services are provided by betterview AG ("betterview", "we", "us"), Neuwiesenstrasse 15, CH-8400 Winterthur. You can find out more about us here. If you have any questions or other concerns, the best way to reach us is at [email protected].
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 who are at least 18 years old and capable of making rational judgments.
4.2
To persons under the age of 18 or persons not capable of making rational judgments, Treatment is only available with the written consent of a legal representative. We recommend that a legal representative be present at all appointments.
4.3
Of course, we can only treat persons who are eligible for the respective Treatment. Therefore, a mandatory prerequisite for Treatment is for the preliminary exam to go well.
4.4
By agreeing to these GT&Cs, you confirm that these requirements have been met.
5. What is the treatment procedure?
5.1 Making an appointment, preliminary exam, treatment, changes
5.1.1
First, you select your desired date with us online, preferably via our website. If our capacities allow it, you are welcome to come to one of our locations without an appointment for the preliminary exam for the desired Treatment ("walk-in").
5.1.2
During the exams, you'll be informed as to whether and which Treatment makes sense for you. During the preliminary exam (approx. 15 minutes), we'll check whether Treatment is an option for you. We'll take high-resolution images of your eyes to analyze the surface of the cornea.
5.1.3
If you are eligible for the Treatment you want, we'll schedule another appointment for your main eye exam to obtain the definitive values and data needed for the Treatment.
5.1.4
After the exam and discussion have gone well and we have received your approval for the specific laser procedure, you can decide whether you want to proceed with your Treatment. If this is the case, you'll receive an offer from us that is valid for one month ("Acceptance Period").
5.1.5
The contract for your Treatment is concluded 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, it constitutes a new offer on your part, which is deemed to have been accepted when we confirm this to you in writing (e.g., by email).
5.2 Laser eye treatments
5.2.1
Once you have decided to undergo laser Treatment with us, signed the consent form, and paid (see Section 7, "Paying for your treatment"), we'll schedule your Treatment appointment with you. At this appointment, we'll perform the Treatment to correct your vision defect. Afterward, the results will be checked during a follow-up. The follow-up is included in the price.
5.2.2
The Treatments are performed on an outpatient basis. Before the Treatment, the eye to be operated on will be anesthetized with drops. The Treatment takes only a few minutes and is completely painless.
5.2.3 Femto LASIK Treatment:
During the Femto LASIK procedure, astigmatism is corrected using an excimer laser, which opens a thin disc (flap) in the upper layer of the cornea and folds it to the side. This incision technique is safer than others because your cornea won't be damaged and will grow back together after a short time. During the next step, your vision is corrected with the excimer laser. After the vision correction, the flap is folded back over your eye, and the cornea grows back together.
5.2.4 Transepithelial Photorefractive Keratectomy ("TransPRK") Treatment:
The TransPRK Treatment is a sophisticated, computer-controlled laser vision correction procedure that treats the cornea by laser completely contact-free. With this Treatment, there is no incision on your cornea. Instead, we'll use the excimer laser to remove the cornea's surface layer (epithelium) and a deeper layer. After that, the vision is corrected using the excimer laser. This minimizes the strain on your eyes. After the vision correction, you'll be provided a bandage contact lens to accelerate wound healing and protect the eye during the healing process.
5.2.5 Lens exchange (MIOL)
Refractive lens exchange refers to a surgical procedure in which an endogenous lens is removed and replaced with an artificial lens. Lens exchange is usually performed to correct severe refractive errors such as farsightedness and nearsightedness, or to correct presbyopia or astigmatism, as well as to treat a cataract. Since the multifocal intraocular lens corrects distance and near vision, you will be mostly free of glasses in everyday life The operation is performed in several phases: First, the lens capsule is opened, the lens material is removed, and then an artificial lens is inserted. All surgical cuts (incisions) are made manually by your surgeon. The lens is crushed and removed with ultrasound (phacoemulsification). The lens capsule remains in the eye - it serves as a "pocket" for the new artificial lens. After cleaning the lens pocket, 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 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 exam. 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 your Treatment, usually after the contract has been concluded. We reserve the right not to provide our Service if your bill hasn't been paid.
7.1.2
Alternatively, if the conditions are met, we also offer installment payments (see Section 7.2).
7.1.3
You agree to pay in full any fees or other transaction costs that may be incurred when transferring funds to our bank account.
7.1.4
Payments must be made in Swiss Francs (CHF).
7.2 Installment payments via MF Group
7.2.1
If you want to pay your treatment costs in installments, this can be arranged via the third-party provider MF Group AG ("MFG"), Bohl 6, 9004 St. Gallen, provided the conditions are met. Installment payments mean paying your bill with partial payments.
7.2.2
If you pay via MF Group, you agree that we assign our claims against you to MF Group. Please familiarize yourself with MF Group GT&Cs before you decide to do so. Fees and interest may apply. MF Group is exclusively responsible for any questions about the bill and all other questions in connection with the payment. If you have any complaints about how MF Group processes your payments, please email us ([email protected]) or MF Group ([email protected]).
7.2.3
Even if you pay in installments via MF Group, we are entitled to discontinue our Services if you don't pay your bills 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 you. 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 (the phone number for the specific location can be found 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 at one of our locations, you are generally only entitled to Treatment during the scheduled treatment time.
8.2.1.2
If your being late causes additional costs (e.g., because an additional appointment or overtime on the part of our staff is required), you agree to pay them.
8.2.1.3
If the Treatment can no longer be performed 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 show up late for your treatment appointment.
8.2.2 Rescheduling
8.2.2.1
You can reschedule your treatment appointments as follows:
- At least 7 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 also have to reschedule a treatment appointment (e.g., because our staff is absent due to illness). If we have to reschedule a treatment appointment, we'll arrange an alternative appointment with 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 discontinuation of the Treatment.
8.3 Termination of treatment
8.3.1
Please note that your Treatment begins when you make your treatment 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 25% of the treatment costs.
8.3.2
We have the right to refuse your Treatment without refunding the fee if the doctor treating you no longer seems the Treatment justifiable from a medical point of view (e.g., non-compliance with the doctor's instructions, failure to provide relevant information during the preliminary exam, etc.). In this 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 that occurs during Treatment;
e) follow our instructions when using our Services; and
f) only provide us with information and documentation that you are entitled to and that may be shared with us.
9.2
In the event of a breach of these obligations, we have the right to refuse you our Services. You also agree to bear any costs incurred by us 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 as each person responds individually to the Treatment.
10.2
If the Treatment doesn't produce the desired result and you are not satisfied, please contact us so that we can 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'll try to 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.