GENERAL TERMS AND CONDITIONS
1. Definitions
For the purposes of these General Terms and Conditions, the following definitions shall apply:
- Company: EESystem Chile SpA (Tax ID: [to be completed]), with its registered office in Chile.
- Customer: An individual or legal entity that contracts for services or purchases products from the Company.
- Services: Services offered by the Company, including sessions of the Energy Enhancement System™.
- Agreement: An agreement entered into between the Company and the Customer.
2. Applicable Legal Framework
These Terms and Conditions are governed by current Chilean law, in particular:
- Law No. 19,496 on the Protection of Consumer Rights.
- Chilean Civil Code.
- Commercial Code.
- Law No. 19,628 on the Protection of Privacy.
In the case of consumer customers, the public policy provisions of the Consumer Protection Act shall prevail.
3. Scope of Application
These Terms and Conditions apply to all quotations, sales, and services provided by the Company.
Any deviating terms must be set forth in writing.
4. Formation of the Contract
The contract shall be deemed to have been concluded when:
- The Customer expressly accepts a quote; and
- The Company confirms the contract, whether in writing or electronically.
For legal purposes, contracts entered into electronically are recognized as valid under Law No. 19,799.
5. Information and Advertising
The Company will provide accurate, timely, and verifiable information regarding its services.
Images, descriptions, or references are for informational purposes only and do not constitute an absolute guarantee of results.
No commercial communication shall be construed as a promise of medical, therapeutic, or curative effects.
5. 1. Marketing Terms and Claims
Any commercial communication from the Company:
- This information is provided for reference purposes only.
- It does not constitute a guarantee of results.
- It should not mislead regarding the nature of the service.
The Customer agrees not to publicly attribute any medical or therapeutic properties to the service.
6. Prices and Payments
- All prices are listed in Chilean pesos and include VAT, unless otherwise specified.
- Payment must be made in the manner and within the timeframe agreed upon.
- In the event of late payment, interest may be charged in accordance with the law.
The Company may suspend services in the event of nonpayment.
7. Right of Withdrawal (if applicable to online purchases)
For contracts entered into electronically, the consumer customer has the right to cancel the contract within 10 days of signing it, subject to legal exceptions.
8. Liability
The Company does not provide medical advice or make diagnoses, and our sessions cannot be considered medical treatment. Furthermore, it does not guarantee any medical or therapeutic results.
The services provided do not replace professional medical treatment.
The Company’s liability is limited to proven direct damages, excluding lost profits, unless otherwise provided by law.
Notwithstanding the foregoing, the Customer expressly acknowledges that the services are intended to promote general well-being, and therefore any perceived effects will depend on individual factors.
The Company is not liable for damage to persons, property (including the Products), animals, services, etc., resulting directly or indirectly from our Products/Services, except in cases of fraud or deceit.
8. 1. Informed Waiver by the Client
The Customer hereby expressly declares and agrees that:
You have been informed that these services are neither medical nor therapeutic in nature.
You understand that there is no guarantee of results.
You are participating voluntarily and at your own risk.
Accordingly, the Customer releases the Company from any and all liability for consequences arising from the use of the service, except in cases of willful misconduct or gross negligence on the part of the Company or its employees.
8.2. Health Risks and Scope of Service
The Company is not a healthcare provider and does not perform medical procedures of any kind.
The Client agrees to consult a healthcare professional in advance if they have any relevant medical conditions and to inform the Company of this prior to the scheduled and contracted session.
9. Customer Obligations
The Customer must:
- Provide accurate information.
- Follow the instructions for use.
- Pay on time.
10. Privacy Policy
Personal data will be processed in accordance with Law No. 19,628 and any subsequent laws amending it.
The Customer authorizes the processing of their data for contractual purposes, while retaining the right at all times to access, modify, or delete this data.
11. Changes
The Company may amend these Terms and Conditions, provided it notifies Customers in advance via its website.
12. Termination
The contract may be terminated:
- By mutual agreement.
- For material breach.
- For legal reasons.
13. Conflict Resolution
The parties agree that any dispute shall be submitted to the ordinary courts of law.Las partes acuerdan que cualquier controversia será sometida a los Tribunales ordinarios de justicia.
14. Address
For all legal and contractual purposes, the parties establish their domicile in the city of Santiago, Chile.
15. Acceptance
By contracting these services, you fully accept these General Terms and Conditions.
16. Informed Consent
Prior to the provision of services, the Customer must provide informed consent, which shall include:
- Description of the service.
- Non-medical nature of the service.
- No guarantee of results.
- Voluntary participation.
This consent form shall constitute an integral part of the contract.