TERMS AND CONDITIONS

Important information

The present Terms and Conditions establish the legal framework for the use of the website and the acquisition of the services offered on the website: www.mooemclinic.es of which CAPIL SOLUTIONS, SL (hereinafter MOOEM) is the owner.

Throughout this section you will find all the necessary information about the procedures that user must follow to use the services offered on this website.

The purchase of any of the services entails the full and unreserved acceptance of the stated Terms and Conditions, without prejudice to the acceptance of the Particular Conditions that may be applicable when purchasing certain services.

In order to purchase the services offered on this website it will be necessary for the User to get registered by entering their true details.

1. 1. 1. Identification of the person responsible for the website
         MOOEM, in compliance with regulations about privacy informs you: Company name: Trade name: MOOEMO after trademarks: CAPILCLINIC Su Tax code:  B66946138 Registered office: C/ Blesa n43, 08004, Barcelona Registered in the Commercial Registry of BARCELONA 
      2. Contact Us To contact us, we offer you the following means of contact: Tel.: 644713228 – Toll free. Feel free to reach us from Monday to Thursday, from 9:00 am to 7:30 pm, Friday from 9:00 am to 6:00 pm. Email: info@mooemclinic.es – or through our contact form: http://www.mooemclinic.es
      3. Website services
         • a) Free basic services
         • b) Aesthetic surgery operations in Turkey
         • a).Free basic services provided by the website. The user can visit the platform without getting registered and use the basic services of the website for free. The MOOEM website is your gateway to information on which the User may request surgical assistance in those specialties and modalities included in this website. MOOEM also provides useful information on preparation for hospitalization, required documents, travel tips, etc. With your consent, we will also send to your e-mail address regular information on general aesthetic issues related to the services of the website as part of the services offered. MOOEM also provides general information on health issues, treatments and clinics, as well as articles and opinions of the USERS, hereinafter “the content”. The content does not represent recommendations or opinions expressed by the Liable person. Neither the services provided by CAPILCLINIC nor MOOEM nor the information about the clinics, doctors, nor the opinions of the USERS, replace a professional treatment by a doctor or any other recognised health professional. Selection and implementation of certain treatments is only decided by a doctor.  The Liable person is not supposed to provide medical services or medical advice.
         • b). Aesthetic surgery operations in Turkey. The services offered, together with their main features, are displayed on the website. MOOEM reserves the right to decide, at all times, which services to offer to Clients. This way, MOOEM may, at any time, add new services to those currently offered. Likewise, MOOEM reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the offered services. The additional services being defined in the section of Travel Plan and Steps to book, require a registration by the user. Only people over 18 or minors with the authorisation of the parent or legal tutor can get registered. When requesting “FURTHER INFORMATION”, users are informed of the Terms and Conditions of use, which will mean reading and accepting all the general and specific conditions set out on www… On our site you can find out about our proposals and services. In all cases of provision of medical services, the Provider is a medical professional who meets all the legal and regulatory requirements to carry out his activity, having the necessary skills to perform the interventions offered. We offer transparent information and process your personal data in accordance with the privacy laws applicable in the EU.  We recommend that you read our Privacy Policy carefully.
      4. Purchase process To purchase MOOEM services, the client must be of legal age. In case of puchase by minors, the Responsible is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify it with absolute certainty the age of them. If a minor puchases any service, parents, guardians or legal representatives will be liable for the purchase and the actions performed by the minors. Once registered, the USER will receive an email from MOOEM with the Offer Proposal with these Terms and Conditions and the detail of the service offered. The complete final price of the services will be shown with its corresponding breakdown in the Offer Proposal, in no case the USER will be bound by any contract or obligation to pay. The user must share their details and give their express consent by accepting the privacy policy of MOOEM. The steps to follow:
         • Those that are described on the web in a clear and transparent way.
         • The request for information and/or offer that does not commit you to undergo the treatment.
         • You will receive a confirmation email with the Offer Proposal with these Terms and Conditions and the detail of the service offered.

The full final price of the services will be shown with its corresponding breakdown in the Offer Proposal.

In no case is the USER will be bound by any contract or payment obligation. We recommend the user to print and/or keep a copy on durable support of the conditions of sale when placing an order, as well as the receipt sent by MOOEM by email.

1. 1. 1. Offer Proposal
         1. The proposal will include the specific parameters, details and conditions of the services offered. Specifically, it will contain the specific and necessary information for the enjoyment of the service, the periods of validity, the location or place of performance, the requirements, restrictions, limitations or technical, physical or legal warnings on the service, which will be considered as particular conditions and which must be expressly accepted at the time of purchasing by users.
         2. The budget we provide includes:
            • The procedure agreed between the doctor and you.
            • Advice on pre-flight and third-party services between you and the surgeon.
            • Transfers to and from the airport and your accommodation and surgery for treatments and medical appointments according to prior agreement.
            • Pre-surgery and Postoperative consultations with your surgeon, surgery and hospital accommodation __________ in Turkey.
            • Telephone and email assistance / before, during and after your treatment.
         3. Budgets are valid for a 30-day period.
         4. The Medical/Surgical budget will not include any unforeseen variety that may arise from surgery or any other cause that the USER wants to undergo. A non-limitative example would be an additional hospital stay, unplanned subsequent surgery, or consultations with other specialists.
      2. Prices, expenses and taxes Prices of the services included in www.MOOEM.com will be expressed in Euros unless otherwise stated and will be guaranteed for the duration of their validity, except for printing errors. Final prices of all the services, together with their characteristics, offers, discounts, etc. are reflected in each of the services appearing in the catalogue of the MOOEM.com website. 
      3. Invoice
         The final invoice on the hotel/accommodation will be issued by the hotel/accommodation company at the agreed price together with any other costs incurred during your stay which will be fixed at the end of your stay at the hotel. 
      4. Service Guarantees Warranty, liability of the Liable person 
         1. The Liable person is governed by the legal provisions and undertakes to make every effort to maintain an acceptable level in compliance with the obligations of the Service. The Liable person acts as an independent intermediary in the contracting of the services offered, so that it cannot be held liable for injuries, illness, damage, loss, accident, theft, death, delay or any other irregularity derived, directly or indirectly, from the provision of services by the services purchased by the USER with the doctor or hospital and which have been purchased through this platform.
         2. The Liable person will use the means that are reasonably within their reach to facilitate their suppliers to accept responsibility and disclaim in this regard and against any claims of final consumers regarding the provision of services.
         3. Every surgical or medical act implies some unpredictable risk, including dissatisfaction with the result. We recommend you to get any questions you may have clarified before your intervention or procedure.
         4. The Liable person delivers an Offer Proposal with the specifications and details of the Services together with these Terms and Conditions and as a result the USER accepts that it meets their needs as a consumer, according to their economic budget and the purchased services. The budget we provide includes the procedure agreed between you and the doctor.

We will contact you by phone, email regarding the planned treatment, body photographs and your visit to Turkey. We will act as a third party between the surgeon and you. Data transfer 

With the acceptance of the Offer Proposal, which in no case is the purchase of the service, the USER authorises the Liable person to process and manage as an intermediary the offer of services and to put the USER in contact with the Supplier in order to formalise the service purchase. The USER authorises and consents the Liable person to transmit personal data of the registry and the photographs to the Doctor for its evaluation.

The Liable person does not request, nor in any case will receive from the USER information concerning health or medical data. The Liable person will not store the photographs, nor the contract that the USER enters into with the Supplier. The conclusion of the purchasing process is conditioned once the invoice issued by the Supplier is formulated directly to the USER, in accordance with the prices set in the Offer Proposal. In no case will the Liable person issue an invoice to the USER.

The final invoice on the hotel/accommodation will be issued by the hotel/accommodation company at the agreed price together with any other costs incurred during your stay which will be fixed at the end of your stay at the hotel.

1. 1. 9. Guarantee, liability of the Suppliers The Supplier is responsible to USERS for the total provision and quality of the services described in the Offer Proposal. MOOEM, is exonerated from responsibility for any breach of the services contracted and described in the Offer Proposal, the Provider assumes liability for the provision of treatment and/or medical services provided, being solely responsible for any claim made by the User associated with the medical act, so it assumes all costs and risks arising. The Provider will provide the User with the information they need in relation to the interventions or treatments required, their prognosis, advantages and disadvantages, treatment and risks, as well as their chances of success. If applicable, the User who decides to purchase the services of the Collaborator must sign, prior to the intervention, the informed consent according to the model of the corresponding Medical Society. MOOEM, does not assume responsibility towards the USER in case of force majeure or fortuitous event during the trip (accidents, strikes, earthquakes, climatic factors, security conditions, political factors, denial of entry permits, health issues, among others). The Liable person is not jointly and severally liable for the policies of reimbursement of services not provided due to situations of force majeure, which can or could be defined by the medical service provider, the Liable person is exonerated from liability for legal issues or other inconveniences in which the USER may be involved, as well as for personal expenses incurred by the User for this cause, the USERS declare to know and accept the conditions of provision of services by the Liable person found in the Offer Proposal.
      10. Rights and Obligations of the user
          User’s right: The USER shall have the right to the purchased Service under the terms and conditions agreed in the Offer Proposal and to receive information regarding the development and monitoring of the purchased Services. 
      11. Obligations of the user
          Payment methods: The USER must comply with the payment obligations in the terms and conditions established in the Offer Proposal and to provide the necessary collaboration for the correct provision of the Services, being obliged to this effect, to provide the necessary data requested by the Provider / Doctor. 
      12. Confidentiality Policy
          Without prejudice to the provisions of the applicable legislation, the parties assume the strictest duty of confidentiality regarding the content of conversations, negotiations and actions related to the purpose of contracting the services, undertaking not to disclose all or part of its content to third parties without the prior written consent of the other parties. Personal Data: The Liable person considers the protection and security of the personal data of the USERS of great importance. Liable person undertakes to respect at all times the regulations in force regarding the protection of personal data. Personal data provided by the USER in the registration form and those provided in the future under the Offer Proposal, will be incorporated into a file of personal data owned by the Responsible who will treat the data of the USER for the management of services detailed in this platform. With your consent we can also send you MOOEM newsletter and commercial information related to its services. The USER may, at any time, exercise their rights of access, rectification, cancellation and opposition by contacting: info@mooemclinic.es. Likewise, the Liable person will process the data to which they have access according to the instructions of the USER, not applying or using them for purposes other than those established in this document. Purpose of data processing: The collection of data by the Responsible is done with the aim of procuring the assistance of a physician to carry out the cosmetic surgery operation requested. For your information: we will ask for your cooperation so that information is as accurate as possible, truthful and complete in order to perform a better diagnosis and treatment. The requested data is necessary, so that if the same is not provided it will not be possible to get the desired relationship formalised. In the case you are proceeding on behalf of minors or disabled persons, the person will be asked to prove this condition, taking into account the property of the represented person. The physician may request photographs in order to better diagnosis and treatment. Conservation of data: Once the service is finished, at the request of the USER, he will destroy or return to the USER all the information to which he has had access, except those data that must be kept blocked when there is a legal provision that requires its conservation. Under the European Data Protection Regulation 679/2016 and the Organic Law on Data Protection and Digital Guarantees (LOPDGGDD), we inform you that when hiring the products and services offered in our Platform, we must communicate your personal data (1) to the Providers of the services offered, who will be obliged to use their data only and exclusively to comply with the delivery of the product or service contracted. ARCO Rights. USERS can exercise their right of cancellation and opposition in the adjustments of the profile of the USER or by email sent to info@mooemclinic.es. Indicating Discharge
      13. Applicable Law and Dispute Resolution These Terms and Conditions are governed by Spanish law. Parties submit, at their option, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile, also informs you that in consumer affairs EU and in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/ 
      14. USER Service
          The USER will be able to address the Liable person either through the means enabled in his page or through mail to info@MOOEM.ES as well as through the telephone indicated in the web page and in the Proposal of Offer to request information on the Services. 
      15. Subcontractors The Liable person reserves the right to request the purchasing services that may be necessary from third parties as agents, without the prior consent of the USER. 
      16. Transfer of the contract The Liable person reserves the right to modify and transfer existing contracts with the USER with a physician affiliated to MOOEM, guaranteeing the same terms and conditions that the User has accepted. 
      17. Withdrawal policy According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1/2007, of November 16, approving the referred text of the General Law for the Defence of Consumers and Users. Exceptions: This right of withdrawal does not apply, among other things, to the provision of services already performed or commenced. The term to cancel the contract for the provision of services is 14 calendar days from the day of the conclusion of the contract, and the user must inform MOOEM of their desire to exercise this right. The exercise of the right of withdrawal results in the suspension of service. Once we receive your request we will contact you with the details of the return. The withdrawal implies that MOOEM will refund the amount already paid by the customer within a maximum period of 14 calendar days, following the same procedure chosen by the customer for payment (provided that the purchased service is not within the exceptions listed above).