GENERAL TERMS & CONDITIONS DOKTERONLINE
Acceptance of general terms and conditions
By ordering from our Website, you accept our Terms and Conditions (as defined below), including our Privacy Statement (as defined below) and you accept that you are entering into an agreement directly with a Provider (as defined below) nominated by Dokteronline (as defined below) on receipt of your order. These Terms & Conditions are part of the agreement between a Customer (as defined below) and the Company (as defined below), and also apply to the agreement between a Customer and a Provider and between a Customer and a Doctor (as defined below). Reference is made to paragraph 'Parties, Relations & Agreements' in these Terms & Conditions.
Notwithstanding the above, where a Pharmacy which provides Products and/or arranges for Consultation (if any), such Pharmacy's Terms and Conditions will apply and prevail in the relationship between Customers and Pharmacy's. By accepting these Terms & Conditions and ordering Products (or Consultation, if any) you enter into an agreement with such Pharmacy and accept their terms & conditions (which will be provided to the Customer at the appropriate point in the purchase process when applicable) as the rules governing the agreement between you and such Pharmacy.
You hereby represent and warrant that you have fully read and understood these Terms & Conditions without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. You agree and confirm that the Terms & Conditions may be amended from time to time without prior notice to you. Please ensure that you periodically update yourself of the current version of the Terms & Conditions. Information or advice provided on the Website (as defined below) should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. The Company, Dokteronline and professionals who offer services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to services attained through the use of the Website, which is being provided on an "AS IS" basis as a platform to get health information.
In these Terms and Conditions the following definitions will be used:
General description of services
1. The Services
Dokteronline.com is an online doctor service and not an online pharmacy or internet pharmacy. Dokteronline informs on health, complaints, solutions and products. Dokteronline can establish contact between you and healthcare providers and/or Pharmacies. For more information, we kindly refer to our “who are we” page.
Dokteronline provides for several different services:
The information from the Services is provided for general informational purposes only and is not a substitute for professional medical advice (including but not limited to evaluation or care from your physician or other qualified healthcare provider). Nothing from the Services shall be used for treating or diagnosing a medical or health condition or for replacing any relationship with your physician or other qualified healthcare provider. The health information from the Services and the interactive responses (if any) furnished from the Services do not consist of professional medical advice. You agree to consult other sources for confirmation of the information from the Services and to consult your own physician or other qualified healthcare professional regarding your symptoms or medical condition. For medical concerns, including decisions about medications and other treatments, you agree to always consult your physician or other qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a physician or other qualified healthcare provider immediately. In serious cases, seek immediate assistance from emergency personnel and immediately contact the emergency number in your country. You must never disregard medical advice or delay in seeking it because of something you have read on this Website (including but not limited to live chat, emails, phone support) and/or is provided by Doctors. You agree that no medications, dietary supplements or treatments as may be described on this Website and/or from the Services must be taken or begun without your first consulting your physician or other qualified healthcare provider. Reliance on any information provided by this Website and/or provided by Doctors is solely at your own risk.
The Website does not prescribe medicine, and diagnose medical conditions. You will not use the Website and/or information from the Website to treat medical conditions or medical emergencies, or to advise or resolve legal, medical or financial issues. All advice and/or information obtained directly or indirectly from the Website and/or provided by Doctors are provided and used at your own risk.
For health advice in particular, but not exclusively, before acting on any of the advice, you shall confirm that such action is applicable and suitable by referring to your physician or other qualified healthcare professional or attaining the second and third opinion of other medical practitioners. You recognize there are limitations associated with consultations or other services exclusive of physical examination, in person advice or onsite and extensive investigations. Neither Dokteronline nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect, inaccurate, incomplete, or misleading information provided by the Website and/or from Consultation.
2. How it works
When you visit our Website for the first time you have the option to register prior to using our services or immediately select one of our Services and register during the order process. We offer multiple types of services, which are explained in "General description of our services" of this Terms and Conditions. Furthermore, on the Website you will find a menu called: "How it works" which explains how it works.
All our Medical Questionnaires have been carefully prepared by Doctors and are compliant with medical best practice. You cannot submit a Medical Questionnaire and receive medical treatment without first registering on the Website. By registering on the Website, you will create a secure online electronic patient record. Professional codes of conduct and legal restrictions may limit the number and any frequency of any Product permitted to supply to you and, as such, there is no obligation to supply quantities exceeding the relevant permitted maximum and you will be charged only for those supplied. We reserve the right to reject any order.
If you would like to discontinue visiting Dokteronline as a Customer you can stop using the Service at any time, if you want to have your account to become inactive you can send the Customers Service a request for this. Your account will then become inactive and you will not be able to access your electronic patient record. This action cannot be undone. You acknowledge and agree that Dokteronline is required by law to archive electronic patient records including your personal information, communication and treatments for a minimum of 10 years. Orders are accepted at our discretion and the discretion of the Doctors and Pharmacies, and we reserve the right to decline orders without explanation. For certain products, there may be additional rules by law or for your own safety, which will be published on the Website.
3. How you should use our Services
By placing an Order through the Website, you confirm that:
You must use the Website and Services with care and in compliance with the below:
Please do not register or complete questionnaires on behalf of anyone other than yourself, unless you have permission to do so from such individual and we receive express consent from such individual.
We cannot and are not liable for any damages which results from:
You accept that the advice given on the Website does not replace your regular healthcare provider. You must tell your regular healthcare provider about treatment and medication supplied.
All the information contained on the Website is in the languages indicated on the Website. You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on the Website. You must speak to your regular healthcare provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our Website.
If Products are prescribed and dispensed to you, you are responsible for checking that the Products are the correct Products prescribed by a Doctor and that such medicine is not damaged in any way. If in doubt, you must contact the Pharmacy to seek advice and/or replacement as required. Do not consume any Products that are not the Products prescribed or which are damaged on arrival.
You must carefully read all product packaging and labels prior to use. If you purchase Products in advance of your need to consume these, please ensure you do not consume Products that are out of date.
Please ensure that no one other than yourself has access to any Products that are made available to you.
Parties, Relations & Agreements
The sale and supply of Products is agreed herein between a Customer and a Provider, irrespective who collects payment, and the terms and conditions of a Pharmacy (if any) - which will be provided to the Customer at the appropriate point in the purchase process, when applicable - will govern the relationship between Pharmacy and Customer (if any and if applicable).
Dokteronline arranges Consultation, acting in its own name and on its own behalf, except in case of credit card payment. In case of payment by credit card, a Pharmacy arranges Consultation, acting in its own name and on its own behalf.
The services delivered by Consultation are solely performed by Doctors, whose primary purpose of such services is the protection, maintenance or restoration of the health of the persons concerned.
Although Dokteronline or a Pharmacy (as the case may be, depending on the method of payment) arrange for Consultation, it is the Doctor who is fully responsible for the services performed by Consultation. Arranging for Consultation is therefore merely an administrative act.
This may mean that under applicable national law the Pharmacies and Doctors are bound by rules of professional conduct and/or by law and that the provision of Consultation and/or the supply of Products may be governed partly by rules and laws in effect in which the Doctors and Pharmacies are located. These Terms and Conditions cover all Services and each of the Pharmacies and Doctors must comply with these Terms and Conditions. For the avoidance of doubt, all supply of Products made from the Pharmacy(s) in the UK is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English courts. All supply of Products made from the Pharmacy(s) in other European countries is governed by the law of the European country in which such Pharmacy is located and will be deemed to have taken place in that country and subject to the exclusive jurisdiction of that countries courts.
If a Doctor determines, based on his medical assessment, that you are suitable for treatment, he will issue a prescription, which will be sent to a Pharmacy or in some cases to you directly.
To enable the Doctor to decide whether the Products you order may be prescribed to you without risk, it is crucial that you provide accurate and complete information in the Medical Questionnaire. Omitting any information requested could result in prescription of Products that may damage your health. To avoid damage to your health it is very important that you provide us with all medications you are currently taking, as requested on the Medical Questionnaire.
If you are unable to complete the Medical Questionnaire you agree not to order any Products. Instead, you should check with your regular doctor whether you are taking any medications or any combination of medications that would make the Product contra-indicated or whether there is anything in your medical history that would preclude you from using the Product without risk to your health.
Products may have side effects. You should realize and understand that as a result of use of a Product, you may suffer adverse effects including but not limited the side effects indicated in the information leaflet provided with the Product packaging.
You agree to notify your current doctor and/or pharmacist that you have chosen to use the Product ordered. You should realize and understand that no doctor, nurse, or administrative personnel can guarantee that the Product you order, even if prescribed, will provide the desired results.
Cooperating Doctors offer online video consultation to you. Dokteronline and Doctors endeavour to enhance availability and accessibility of Video Consultation. Dokteronline is entitled to use the services of third parties in the performance of its services, in any way whatsoever. Dokteronline is not liable for the execution of the Video Connection between Patient and Doctor. Both the Doctor and the Patient are solely responsible for the quality of internet connection.
Dokteronline does not guarantee in any way that a contract is entered into between a Patient and Doctor during Video Consultation and is not liable in the event that no contract is entered into. The Doctor indemnifies Dokteronline in relation to all claims of Patients and third parties with respect to the Video Consultation. The Doctor is obliged to handle Video Consultation with the Patient properly and according to all (medical) standards and prudential standards.
Both Doctor and Patient are required to cancel 24 hours before the Video Consultation in case of illness or other discomfort. If a Doctor is not present at the Video Consultation without prior notice, such Doctor is required to pay a refund. Dokteronline is obliged to inform a Customer when a Doctor is unable to comply with the Video Consultation.
Please note that Patients themselves are fully responsible for informing their absence in time, which is at least 24 hours in advance. Informing later will automatically lead to no refund (in case of a Patient) or payment (in case of a Doctor). When cancelled in time by a Doctor, the Patient receives a refund of EUR 25, - and the Doctor receives no payment. If not cancelled in time by a Patient, the Doctor will be paid for reasons of caused inconvenience. When cancelled in time by a Patient, the Patient may choose another Video Consultation time at customer services. A Patient may also opt for a refund. In case of problems with WebEx (or any other web application required in relation to Video Consultation), Patients will not be refunded and Doctors will not be paid. Dokteronline is not responsible for functioning of WebEx (or any other web application required in relation to Video Consultation). However, Dokteronline assumes responsibility for its Website and/or mailserver. Therefore, problems caused by the Website and/or mailserver of Dokteronline will lead to a refund to Patients and/or payment to Doctors.
Dokteronline reserves the right to change prices. Prices at the time of placing an Order are valid throughout the buying process. At times where software or human errors for instance list products with an obvious faulty price, Dokteronline reserves the rights to cancel the Order in which case notifications will be given.
We will ensure that the prices for Consultations and Products are clearly set out on our Website. There are no hidden charges.
Change of Products & Information
Because Dokteronline is not itself providing any products, it reserves the right to change the Product availability at the Provider(s) on the Website and to remove items before a purchase has been registered. We do our best to make sure that all of the Content, photos and product photos are correct. However, as we are only human, we reserve the right that unintentional errors may occur and neither we, nor a Provider is liable for such unintentional errors. Colours on your computer screen are not always 100% accurate. You should always verify whether the Product shipped to you complies with your Order and Consultation before using it.
Prices are stated in EURO only, however, a conversion tool is available on the Website. All payments must be made by credit card, Ideal, direct debit or as indicated on the Website. What service is provided, and with who you will get into a (separate) sales agreement (as the case may be) and who will collects the money, will be indicated during the order process on the Website, the order confirmation and the invoice. Please read the General description of our services chapter of these Terms and Conditions for more information.
In the event the payment method you use fails, Dokteronline, the Pharmacy or Supplier may, without further formal notice of default, charge the extra-judicial collection costs, which will start at 15 euro extra administration cost, all without prejudice to Dokteronline's, the Pharmacy's or Supplier's claim for reimbursement of all judicial costs of collection that may be incurred.
In providing invoice and payment details, you confirm that you are authorised to use these details and authorise us, or our payment service provider or the Pharmacy/Suppliers payment service provider, to take payment in full for the items in your order and any associated delivery fees and any other charges that become due to us under these terms and conditions.
Orders will be shipped by the relevant Provider as soon as possible when received, paid for and approved by a Doctor (for medicinal products). Any delivery times quoted are estimates, based on availability and normal delivery time. Please note that there are some Products that are not shipped to certain destinations, which will be indicated on the Website. Due to FDA regulations, Dokteronline does not offer any service to the USA.
You choose for delivery or not and accept that you will have an agreement with the Carrier of your choice (if any). All Products will be delivered from the Provider. All Products are shipped on behalf of, and at the risk of, the Customer. The Customer indemnifies Dokteronline (as well as the Doctors and Pharmacies) for any and all legal action which might be brought against the Customer, in case of not acting in accordance with the regulations and importation laws applied by the government of the country of destination. You are responsible for all customs, taxes and tariffs, applicable in your country.
You confirm that all Products ordered are for personal use only.
You hereby appoint the Carrier as your agent and attorney-in-fact to perform delivery of the Products from the location of registered seat of the Provider. Upon delivery of the Products to the Carrier, the Provider shall be deemed to have completed its obligations under its agreement(s) and all risk and title to the Products will pass to you.
Cancellation & Returns
Since medicinal products are perishable and of a personal nature in that they have been prescribed to you, and to avoid the risk of any tampering with Products, Dokteronline and/or Provider cannot accept any returns of Products except in the case of defective or damaged Products, or if the wrong Product has been delivered to you. Medicines are exempt from the requirement to accept return.
If the Product delivered to you is defective or damaged or if the wrong Product has been delivered to you, you may either:
The Provider will refund the costs of returning defective, damaged or wrongly supplied Products. In the event of the occurrence of any of the foregoing, the sole obligations of the Provider shall be those set forth in 1) and 2) above. Return address and instructions are included with your e-mail confirmation of Order and dispatch.
For Products that do not require a prescription, you have the right to cancel your Order within fourteen (14) calendar days of receipt. In relation to Orders with multiple Products, this will be within fourteen (14) calendar days of delivery of the last Products. This right does not apply to prescription products. However, you will be liable for costs relating to the service(s) already provided. If you may cancel your Order and apply for a refund or in relation to any concerns regarding a damaged/faulty Product, contact Dokteronline through its contact page on the Website. Return of a Product will be at your own expense unless damaged or faulty. All refunds will be processed within seven (7) working days as of Dokteronline agreeing to the refund but may take up to seven (7) working days to appear on your bank or card statement.
The Website's Content is merely intended as a source of general information and is not intended to be diagnostic or therapeutic advice or otherwise a substitute for medical advice. DOKTERONLINE (as well as the Doctors and Pharmacies) IS NOT LIABLE FOR THE EFFECTIVENESS OF THE PRODUCTS OFFERED, THE CONTENT OF THE TEXT ON THE PATIENT INFORMATION PROVIDED BY THE PRODUCT MANUFACTURERS, INFORMATION TEXTS, DESCRIPTIONS OF TREATMENT METHODS AND OTHER DESCRIPTIONS ON THE WEBSITE, NOR CAN ANY GUARANTEES BE GIVEN IN THAT RESPECT. We do not give legal or medical advice, nor do we provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
Dokteronline (as well as the Doctors and Pharmacies) cannot be held liable for the accuracy of the diagnosis, treatment or medication prescribed or the correct use of the Products. If in delivering our Services to you we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Services.
To the extent permitted by law, Dokteronline, other members of our group of companies and third parties connected to us hereby expressly exclude:
By making use of this Website, you declare that you do so at your own risk and accept that all responsibility in connection with the use of this Website rests with you. You are responsible for taking all precautions you believe necessary or advisable to protect you against any damage, loss or hazard that may arise by virtue of your use of this Website.
You agree to defend, indemnify and hold us (as well as the Doctors and Pharmacies) harmless against any losses, expenses, costs or damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to:
Should you have a complaint with the service or Product supplied please contact Dokteronline Customer Service at: www.Dokteronline.com/contact
Dokteronline intends to:
Trademarks and copyright
All Content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Dokteronline or its content suppliers and protected by international copyright laws. The Content, including codes and software, or any portion of it may not be modified, reproduced, republished, duplicated, copied, sold, resold, visited, uploaded, posted, transmitted, publicly displayd, prepare derivative works based on it or otherwise exploited for any commercial purpose without the expressed written consent of the Company.
Any Content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content. Any framing of the Website is prohibited. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS.
For repeat users, the Website will require a Password to access your information. You are solely responsible for:
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this clause, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.
This privacy statement (the 'Privacy Statement') describes how we handle your personal data.
Any personal information that you provide is used for the purpose of giving you the best possible information. Registration is not required to use the Website. Nevertheless, to speed up future purchases and avoid retyping your data you may register with Dokteronline and Dokteronline will store your personal data securely with access protected by a user name and password. Dokteronline will verify all new members' usernames and passwords via e-mail. When registering you may opt to receive regular newsletters, marketing information, special offers and website updates from us. If, at some future date, you no longer wish to receive our newsletter or promotional materials you may opt-out of receiving these communications by contacting us at www.dokteronline.com/contact. Once registered, you may at any point check, amend or remove your personal data. By registering or ordering through the Website you consent to the collection and processing of your personal data by Dokteronline.
Doktoronline is committed to appropriate security and confidentiality of personal data. Unless we have your expressed consent, we will not disclose your personal information to any third parties (other than the Pharmacy and Doctor, if applicable). We will not sell, rent or trade your personal information to others for marketing purposes without your expressed consent. We may collect statistics regarding the use of our Website, such as traffic patterns and related Website information, but this information will not include any personal identifying information. Upon removal of your personal data, Dokteronline may continue to provide such personal data on an anonymous basis for the purpose of statistical research by or for the benefit of Dokteronline.
The Doctors and Pharmacy that fulfil your order for Dokteronline are under a legal and/or professional obligation to contact you if they suspect any problems resulting from prescribing or delivering the ordered Product to you. Therefore, the Doctor, Pharmacy or private carrier may contact you directly. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. Dokteronline may in connection with facilitating communication through the platform for the benefit of a doctor process personal data. The doctor admits that in such case Dokteronline is a data processor. The doctor herewith instructs Dokteronline, to the extent necessary, to process the personal data referred to above only in relation to facilitating communication through the platform. If you have any complaints about correspondence received from any individual Doctor, Pharmacy or private carrier please contact us at (www.Dokteronline/contact).
We follow strict security procedures in the storage and disclosure of information that you have given us. This is to prevent unauthorized access or unlawful processing of your personal information.
Dokteronline will only send you e-mails if you ask for more information. We might also use your e-mail address to confirm your Order/request and to respond to any inquiries you make online. We will not pester you if you don't ask for more information!
When you subscribe to our newsletter you can be assured that your personal information and email address will not be sold, exchanged, or in any way shared with third parties. We keep your personal information private, and will only use your email address to send you the newsletters you requested. You can unsubscribe from our newsletter at any time.
If you are under 18, you may use our Website only with the involvement of a parent or guardian.
The laws of Curaçao will govern this agreement and you agree to submit to the jurisdiction of the Curaçao courts. Klarna Check Out purchases will, however, be governed by UK Law.
This Agreement contains the entire agreement between you and Dokteronline relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to post all amended forms of this Agreement on the Website and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Website to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. Any use by you of the Website after receipt of notice of amendment to this Agreement shall constitute your agreement to be bound by the terms of the amendment.
Your right to access and use the Website immediately terminates without further notice upon your breach of these Terms & Conditions. We may terminate this Agreement or parts thereof and/or your right to use the Website at any time, with or without cause. We reserve the right to discontinue or make changes to the Website at any time.
All rights stipulated for the benefit of Dokteronline in these Terms and Conditions are equally stipulated for the benefit of any agents, intermediaries or third parties used by Dokteronline for performance of its obligations under these Terms and Conditions.
Assignment and waiver
Dokteronline may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without the prior written permission of Dokteronline. You hereby acknowledge and agree that this is a personal based upon the requirements of your medical condition as set forth in the Medical Questionnaire, and you agree that you will not dispense, sell or in any way distribute the products purchased hereunder to any third parties. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by Dokteronline of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall be severable, valid, and effect as if such unenforceable provision were not a part hereof.
Except for the obligation to pay monies, neither you or Dokteronline shall be liable in any manner for failure or delay in fulfilment of all or part of this Agreement directly or indirectly owing to any causes or circumstances beyond its reasonable control, including, but not limited to, Acts of God.
Paragraph headings are for assistance only and shall not be deemed to be part of this Agreement or construed as varying, modifying, or altering the terms or conditions thereof.