General Terms and Conditions

General Terms and Conditions directdoc

1. Definitions

For the purposes of these General Terms and Conditions, the following terms have the following meanings:

‘Account’: a personal account of the Customer with directdoc;
'Medical questionnaire': questions asked by a doctor by means of a questionnaire (online) which serve as a medical history;
‘General Terms and Conditions’: these General Terms and Conditions;
'Pharmacy Terms and Conditions': the Pharmacy's Terms and Conditions applicable to the contract concluded between the Pharmacy and the Customer (and where applicable made available to the Customer during the ordering process);
‘Pharmacy’: an independent and registered pharmacy established within the European Union;
‘Doctor’: an independent and registered medical practitioner established within the European Union;
'medical consultation': a medical consultation based on a medical questionnaire during which a doctor uses his or her medical diagnosis to assess whether treatment with a prescription drug is suitable for the customer and issues a prescription accordingly;
'treatment': a treatment of (health) complaints with a drug;
'Order': the Customer's request to directdoc to receive a medical consultation and/or Products on his behalf and for his account and risk;
'Preferred treatment': the preference expressed by the customer during a medical consultation for a prescription drug (or its type, amount or dosage) to treat his or her condition or illness, also known as a 'preferred product';
'Privacy Policy': the privacy policy applicable to the Services and the Website, as available on the Website;
'Services': the information on health and lifestyle, health conditions, treatments and products provided on this website; platform for online medical consultations; entering into commitments with pharmacies on behalf of and for the account and risk of the customer regarding the sale and delivery of products;
'directdoc': E-Health Script BV, a Dutch company with registered office at Papaverweg 34 - unit B100, 1032 KJ Amsterdam, Kingdom of the Netherlands, and registered with the Chamber of Commerce under number 93173520, trading under the name directdoc, which is the operator of the website and service provider;
'Content': all content made available through the Website, such as text, information, images, audio material, data compilations and other data;
'Customer': any visitor to the Website who places an order;
‘Customer Service’: directdoc’s customer service, reachable via the contact details provided on the Website;
'Medicinal product': a chemical substance or a preparation of chemical substances with an intended pharmacological, immunological or metabolic effect on the body, whether available without a prescription or only with a prescription; also known as a medicinal product;
'Products': medicines or other products about which information is provided on the Website and which are sold and supplied by a pharmacy;
'Prescription': a doctor's order - following a medical consultation - for a prescription drug;
'Over-the-counter medicine': a medicine that is not available without a prescription;
‘Prescription drug’: a drug available only on prescription;
'Shipping service providers': postal and courier services, including but not limited to UPS and DHL;
'Contract': the agreement for services concluded between the Customer and directdoc by placing an order and to which the General Terms and Conditions apply;
'Website': the website https://www.directdoc.eu, including the content and services, including directdoc's social media channels.

The above terms have the same meaning in the singular as in the plural and vice versa. Words and/or terms used in these General Terms and Conditions in the masculine form also apply mutatis mutandis in the feminine or neutral form.

2. Applicability of the General Terms and Conditions

These General Terms and Conditions apply to every order placed by the Customer, to every contract concluded between directdoc and the Customer as a result of that order and to the Customer's use of the Website.
Before the conclusion of the contract, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer.
If one or more of the provisions of these General Terms and Conditions are declared invalid or repealed in whole or in part at any time, the validity of the contract and the remaining provisions of the General Terms and Conditions shall remain unaffected. In such a case, the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.
Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

3. Description of services

directdoc.eu is both an informative website and an online service for consumers. The website provides information on lifestyle and health problems and their possible treatment. directdoc itself does not offer the services of a doctor or pharmacy, but arranges a doctor's consultation and/or the sale and delivery of products through pharmacies at the customer's request.
If the customer wishes to consult a doctor, directdoc will find a suitable doctor for this (for example, depending on availability). The doctor will conduct the consultation directly with the customer on the basis of the medical questionnaire. During the consultation, the customer can indicate any preferred treatment. Although this preferred treatment is transmitted by directdoc to a doctor, directdoc has no influence whatsoever on the doctor's consultation, the assessment of the medical questionnaire, the issuing of a prescription and/or the prescription of the preferred treatment by the doctor. The doctor is completely independent and is not influenced in any way by directdoc to prescribe certain medications.
directdoc does not offer any products itself, but ensures that customers can obtain original products safely, quickly and discreetly. Medicines are always sold and delivered by controlled and independent pharmacies.
If the customer instructs directdoc to order a product from a pharmacy on his behalf and for his account and risk, directdoc will look for a suitable pharmacy for this (for example based on the availability of the product, the distance from the customer's place of residence and the price of the product). directdoc is not bound to specific pharmacies and does not receive any commission payments from pharmacies. Conversely, pharmacies are free to accept customers from directdoc and directdoc does not pay them any commission payments. directdoc therefore does not offer products, but a (communication) service. This involves directdoc taking on the task of entrusting pharmacies with the sale and delivery of certain products directly to the customer on behalf of and for the account and risk of customers. The prices of the products applicable at the relevant pharmacies are usually known to directdoc in advance and are not negotiated on behalf of customers or pharmacies. The prices of the products applicable in the pharmacies, including shipping costs, are included in the prices for the services stated on the website. This does not constitute mediation.
The sale and delivery of products is based on an agreement between the customer and the pharmacy, regardless of which party collects the invoice amount. The pharmacy's general terms and conditions govern (where necessary) the contractual relationship between the pharmacy and the customer and are made available to the customer during the ordering process.
The Services are available only in the countries indicated on the Website.

4. Website and content

The content provided by directdoc is for general information purposes only and is not a substitute for professional medical advice (including examination or treatment by medical professionals). None of the information provided on the website may be used to diagnose or treat a disease and is not intended to replace the care of your (own) doctor or other medical professionals. The health information provided by directdoc or on its behalf does not constitute professional medical advice. The customer must have the information provided confirmed by another party and consult his or her own doctor or other medical professionals regarding his or her symptoms or disease. In serious cases, the customer seeks (emergency) medical attention immediately, heeds medical advice and never delays seeking medical help because of information obtained on the website. No guarantee is given for the accuracy of the information provided on this website.
The content should not be interpreted in any way as advertising or promotion. All content on the website is purely informational and is in no way intended to advertise medication or promote its use.
directdoc does its best to ensure that the content is correct and complete, but unfortunately cannot guarantee this. directdoc is not liable for such unintentional errors or omissions.
All images, specific information and data regarding the services and products are only indicative and cannot constitute grounds for compensation or termination of the contract.
Obvious errors or obvious mistakes regarding the services, the doctor's consultation or the products (including errors in prices) do not create any obligation for directdoc, the doctor and/or the pharmacy.
Since directdoc does not offer, sell or deliver any products itself, it reserves the right to adjust the products shown on the website according to availability and to remove products from the website. directdoc also reserves the right to adjust or terminate the services.

5. Medical questionnaires and doctor consultation

The medical questionnaires are prepared with the utmost care in consultation with the doctors and comply with medical-ethical guidelines.
If a doctor, based on his assessment of the medical questionnaire, comes to the conclusion that the treatment preferred by the customer is suitable for him, he can issue a prescription for it. This prescription is forwarded to a pharmacy or, if desired, directly to the customer. The doctor is under no obligation to prescribe the preferred treatment - or medication in general. The doctor can also prescribe a quantity or dosage that differs from the preferred treatment stated, or a different type of medication. The customer will be informed of this and is also entitled to cancel his order free of charge.
The preferred treatment or the treatment prescribed by the doctor may be subject to restrictions regarding frequency and/or quantity. Only the doctor or pharmacist can decide on this.
A doctor must determine whether the preferred treatment can be safely prescribed to the customer. It is therefore essential that the customer completes the medical questionnaire truthfully, accurately and completely. Omitting relevant information may result in products being prescribed that are or may be harmful to the customer's health.
If the customer cannot or does not want to fill out the medical questionnaire, no consultation with a doctor can take place and no products can be delivered by a pharmacy.
The medical questionnaire may only be completed in your own name and for your own use, unless a third party has given their consent to carry out such actions on their behalf and directdoc has received this consent from the third party.
Each customer notifies his/her own doctor and/or pharmacist about the medical consultation and the prescribed products.

6. Account

In order to use the services, the customer must create an account.
An account is strictly personal and may only be used by the customer himself and for his benefit.
The provision of false, incorrect and/or incomplete names, addresses, email addresses, bank details or other customer data is prohibited.
Only one account may be created per customer.
If necessary, directdoc is entitled to check or verify the customer's contact details or identity. The customer will be informed of this.
By creating an account, the customer creates a protected, electronic online patient file in which his order history is stored in accordance with the privacy policy.
The customer's right to use the website will be revoked immediately and without prior notice, solely at directdoc's discretion, if the customer violates or does not (fully) comply with the provisions of the General Terms and Conditions. In this case, the customer's account will also be blocked.
An account will be deleted (“deactivated”) by directdoc if the customer has not logged into it for three (3) years or if the customer has not ordered anything through directdoc for three (3) years. If an account is deleted, any credit associated with it will expire by law.

7. Order and contract

An account is required to place an order.
The Customer may only place an order if he/she is legally competent and at least 18 years old, uses the products exclusively for his/her own personal use, carefully reads the information on the packaging and the leaflet of the products before use, has access to the website and the medical questionnaire in a language he/she understands/knows and agrees to the applicability of the General Terms and Conditions and the Privacy Policy.
directdoc is entirely free to accept or reject an order and reserves the right to cancel an order.
The doctor and the pharmacy are entitled to refuse, adjust or cancel an order at any time without giving any further reasons.

8. Prices and payment

The total cost of an order consists of the cost of the doctor's consultation and the cost of the products sold and delivered by the pharmacy to the customer, including VAT.
All payments must be made using the payment methods indicated on the Website.
The total cost of an order will be collected by directdoc for the benefit of the third parties entitled to receive the relevant funds via the payment service provider Mangopay and will be forwarded to them immediately.
If the customer does not (fully) meet his payment obligation, he must be informed by directdoc of the default in payment; directdoc must grant the customer a period of 14 days to subsequently meet his payment obligations. If payment is still not made after the 14-day period has expired, the customer must pay 4% interest (on an annual basis) on the outstanding amount. directdoc is also entitled to invoice the extrajudicial collection costs incurred by it.
By providing billing and payment information, the customer declares that he is authorized to use this data.
directdoc reserves the right to change the prices for products and/or medical consultations shown on the website. The prices displayed at the time of placing the order remain valid until the order process is completed. If obviously incorrect prices are displayed on the website due to a software error or human error, directdoc is not bound by this and reserves the right to adjust the prices, although the customer always has the option of cancelling the order. The customer will be informed of this.

9. Delivery

Delivery times given are approximate and based on availability and normal lead times. Some products cannot be shipped to all countries. Please see the website for more information.
By placing an order, the customer appoints a shipping service provider as his representative and gives this provider the authority to receive the products at the pharmacy and then deliver the products from the pharmacy's headquarters to the specified delivery address. The products are handed over at the pharmacy, where the shipping service provider receives them on behalf of the customer. After the products have been handed over to the shipping service provider, the pharmacy's obligations under the contract(s) are deemed to have been fulfilled and the risk and ownership of the products are transferred to the customer. directdoc accepts no liability for transport. Each customer is responsible for all import duties, levies and taxes applicable in their country.
Professional codes of conduct and legal restrictions may limit the maximum quantity and frequency of products that pharmacies are permitted to supply. For this reason, there is no obligation to supply quantities in excess of these limits.

10. Cancellation and return

After placing an order, but before a pharmacy ships products, the customer may cancel an order by requesting this from customer service. If a doctor's consultation has already taken place, the costs of the consultation, including the applicable directdoc service fee, will be charged to the customer.
If a product is unusable due to damage during transport or does not correspond to the product ordered or prescribed by the doctor, the customer can ask the pharmacy to exchange the product or return the product after consulting customer service within seven (7) days of receipt. Within thirty (30) days of receipt of the product by the pharmacy, the customer will receive a refund of the purchase amount. Only the costs of returning defective, damaged or incorrectly delivered products will be refunded.
Subject to the provisions of Article 13, the Customer shall not be entitled to return Products for reasons of health protection and/or hygiene.

11. Right of withdrawal

The customer is legally entitled to withdraw from the contract within a period of 14 days without giving any reason. The withdrawal period expires 14 days after receipt of the product.
During the cooling-off period mentioned above, the customer must handle the product and its packaging with care. The customer may only unpack or use products to the extent necessary to assess whether he wishes to keep the product. If the customer exercises his right of withdrawal, he must return the product to the pharmacy with all supplied accessories (such as the package leaflet) and, as far as reasonably possible, in its original condition and packaging, in accordance with the instructions given by customer service. The costs of return are always at the customer's expense.
To exercise his right of withdrawal, the customer must inform directdoc of his decision to withdraw from the contract in an unambiguous and written statement (e.g. by post or email). This statement must be sent to directdoc within the withdrawal period. The customer can use the following sample text for this: "I hereby inform you that I am withdrawing the order placed on [date]. Name of consumer: Address of consumer: Order number: I am aware that I can no longer exercise my right of withdrawal if the service has already been fully performed. The decisive factor here is the time of receipt of the withdrawal by directdoc."
In case of a valid withdrawal, the customer will receive a full refund as soon as possible, but no later than 14 days after the customer has declared his wish to exercise his right of withdrawal. The refund will be made using the same means of payment that the customer used for payment, unless another method has been agreed.

Exclusion of the right of withdrawal for medication: medication cannot be returned for reasons of health protection and/or hygiene. Medication is therefore excluded from the right of withdrawal.

Exclusion of right of withdrawal for services: The right of withdrawal is excluded for services that are carried out directly with the customer's consent, such as directdoc services and doctor consultations. By placing and paying for an order, the customer expressly consents to the immediate performance of the services and doctor consultation. The customer declares that he or she waives the statutory cooling-off period and the right of withdrawal as soon as directdoc and/or the doctor have fully provided the service. Any prescription issued by the doctor is tailored to the customer's personal (medical) situation and related needs. The right of withdrawal is also excluded for this prescription.

12. Warranty and liability

The content available on the website is for general information purposes only and is not intended for diagnostic and/or therapeutic purposes and/or otherwise as a substitute for medical advice. directdoc accepts no liability for the effectiveness of products, the content of the package inserts, the informative texts, the descriptions of treatment methods or other descriptions on the website and does not provide any guarantee in this regard. directdoc does not provide legal and/or medical advice, nor does directdoc provide medical and/or diagnostic services. The customer is entirely responsible for checking the information provided on the website.
The customer must be aware that medical consultations or other services are subject to certain limitations as no physical examination, personal advice or comprehensive examination is carried out on site.
Neither directdoc nor its owners, directors, officers, employees, agents, partners, advertisers or affiliates are liable for any incorrect, inaccurate, incomplete or misleading information provided on the website or on other channels of directdoc or third parties.
directdoc is liable for damage caused by intent, gross negligence or fraud, but only to the extent that the damage was caused by its own actions or omissions. In cases where a doctor and/or a pharmacy is liable for damage to the customer, directdoc's liability is always excluded.
To the extent permitted by law, directdoc hereby expressly excludes any liability:
1. for any direct or indirect damage or loss suffered by a user (including the customer) in connection with the use, unavailability and results of the use of the website and the content
2. for the accuracy of a diagnosis, a treatment, prescribed medication or the use of products and/or their effects;
3. if the account and the medical questionnaire completed by the customer or other information provided to directdoc and/or the doctor contain incomplete, untruthful or inaccurate information and the customer has failed to update it regularly.
In the event of liability on the part of directdoc, it is only liable up to three times the value of the underlying contract. If such a limitation of liability is not legally permissible, directdoc's liability is always limited to an amount of EUR 10,000. The prerequisite for any claims for damages is always that the damage is reported to directdoc in writing as soon as possible, but no later than six (6) months after it occurred. Indirect damage is not reimbursable.

13. Use of customer data

directdoc collects and uses the customer's data to fulfill the contract. Medical data is only shared with doctors and/or pharmacies with the customer's consent.
The privacy policy applies to the services.

14. Viruses, hacking and digital security

Misuse of the website by deliberately introducing viruses, Trojans, worms, logic bombs or other content with malicious, technologically damaging effects is prohibited. It is also prohibited to gain unauthorized access to our website, the server on which our website is hosted or any other server, computer or database connected to the website. Violations of these provisions constitute a criminal offense. Any violation will be reported to the relevant law enforcement authorities and the customer's identity will be disclosed to them during investigations. In the event of such a violation, the customer's authorization to use the website will be immediately revoked and their account will be blocked.
directdoc assumes no liability for any loss or damage resulting from a distributed denial of service attack, viruses or other malware that may infect computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on our website, or on any website linked to it.
If the customer has created an account, a password is required to access his data. The customer is solely responsible for:
1. keeping his password secret;
2. not to disclose his password to third parties in order to place orders via the website;
3. Costs, damages or losses arising from failure to keep his password confidential; and
4. immediate written notification to directdoc if his account has to be deactivated due to security problems.
directdoc assumes no liability to the customer for any damages in connection with the theft of the customer's password, the passing on of his password or the fact that he has granted another person or legal entity access to his account or allowed its use using his password. Each customer will inform directdoc immediately of any unauthorized use of his password and/or account.

15. Complaints

In the event of complaints in connection with services provided or products delivered, the customer can contact customer service. directdoc endeavours to:

To process complaints as quickly as possible;
to inform the customer approximately how long it will take to process the complaint; and
to keep the customer informed about the status of processing.

16. Intellectual Property Rights

All content is the intellectual property of directdoc or its content providers and is protected by copyright. Without the express written consent of directdoc, it is not permitted to modify, reproduce, republish, duplicate, copy, sell, resell, visit, upload, share on other websites or incorporate into them, distribute, make publicly available, further develop or use for other commercial purposes any content, including (source) codes and software, in whole or in part. It is permitted to print copies of the content or otherwise use it for personal use.
Content downloaded or printed by the customer may not be modified in any way and any copyright and proprietary notices contained therein may not be removed under any circumstances. Any form of framing of the website, i.e. embedding content from the website on one's own internet page, is prohibited. Any unauthorized or unapproved use of the content constitutes a violation of copyright and will be prosecuted as a criminal offense under national and international copyright laws, both civil and criminal.

17. Interpretation and changes to the General Terms and Conditions

The text of these general terms and conditions is provided in Dutch as well as in other languages. In the event of any inconsistency or ambiguity between the provisions or their interpretation in the different languages, the Dutch version shall prevail and prevail.
directdoc reserves the right to make changes to the General Terms and Conditions at any time without prior notice. Any amended version of the General Terms and Conditions will be published immediately on the website. The changes will take effect immediately after they are published. It is the customer's responsibility to ensure that they are familiar with the most current version of the General Terms and Conditions (and their content). Each customer declares that they consider this method of notification of changes to the General Terms and Conditions to be appropriate. Any further use of the website by the customer after the General Terms and Conditions have been amended will be deemed to be acceptance of the amended version.

18. Place of jurisdiction and applicable law

These general terms and conditions, the services, the order and the agreement are governed by the law of the Kingdom of the Netherlands, unless it conflicts with mandatory (national) legal provisions. All disputes arising from this - directly or indirectly - will be settled by the competent court in the Netherlands, unless mandatory legal provisions stipulate otherwise.
The UN Convention on Contracts for the International Sale of Goods is not applicable.

As of: 15 June 2024