Terms and Conditions Terms and Conditions

Basis and Scope of Application

1. Provider and Applicability of these Terms

   These General Terms and Conditions (hereinafter "Terms") apply to all contracts concluded between you as a consumer (hereinafter "Customer" or "you") and

   Deep Web Portal Ltd.
   5th Floor, 40 Mespil Road
   Dublin 4, D04 C2N4
   Ireland

   Company registration number: 738707
   VAT identification number (VAT): IE4189288VH
   E-mail: [email protected]

   (hereinafter "SofortArzt", "we" or "us")

   regarding the use of the online platform "SofortArzt" (hereinafter "Platform"). This includes in particular contracts for the purchase and brokerage of vouchers for remote treatments and medicinal products as well as – to the extent offered – the brokerage of telemedicine services and medicinal products pursuant to Clause 2 of these Terms.

   The contractual relationship is governed exclusively by the version of these Terms in force at the time the contract is concluded.

   Deviating, conflicting or supplementary general terms and conditions of the Customer shall not apply unless their applicability has been expressly agreed to, at least in text form.

2. Consumer Status

   These General Terms and Conditions apply exclusively to contracts with consumers.

   A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business or profession.

   An entrepreneur within the meaning of Section 14 BGB, by contrast, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

   Concluding a contract via the Platform is reserved exclusively for consumers. Use of the Platform for commercial or professional purposes is excluded.

3. Requirements for Using the Offer

   The use of the services offered via the Platform is permitted exclusively for one's own medical purposes and in one's own name.

   A further requirement for using the Platform is that you have reached the age of 18, have a valid delivery address in Germany, and bear the costs incurred for the booked services yourself.

   We do not directly settle the services offered via the Platform with statutory or private health insurers.

4. Verification of Identity and Age of Majority

   To protect patient safety and to comply with legal, professional and regulatory requirements, we are entitled to take appropriate measures to verify the identity and age of majority of the user before or during use of the Platform.

   For this purpose, we may in particular require the presentation of a valid official identification document (e.g. identity card or passport) or use suitable electronic identification procedures ourselves or through commissioned service providers.

   If the identity or age of majority of the user cannot be successfully established, or if there are objective indications of incorrect, incomplete or fraudulent information, we are entitled to suspend the processing of a request, refuse to provide services, or temporarily block the user account after prior review. The user's statutory rights remain unaffected.

Services and Brokerage via the Platform

Our services are limited to the sale of vouchers and the brokerage of the medical and pharmaceutical services offered through them. We are neither a provider of medical treatments nor of pharmaceutical services. Remote treatments are carried out exclusively by licensed physicians; the prescription and dispensing of medicinal products are carried out exclusively by the respective responsible service providers.

1. Brokerage of Telemedicine Treatments and Treatment Vouchers

   Via our Platform, you can purchase vouchers for telemedicine remote treatments and request a remote medical treatment. For this purpose, we work together with independent, licensed physicians (hereinafter "Partner Physicians").

   Before a remote treatment is carried out, you will be asked to complete a digital health questionnaire fully and truthfully. Where medically necessary or selected by you, the medical assessment may additionally take place as part of a video consultation.

   Based on the information you provide, only the treating Partner Physician decides, in accordance with medical and legal requirements, whether a remote treatment can be carried out and whether the issuance of a prescription is medically justifiable. There is no entitlement to the performance of a remote treatment or to the issuance of a prescription.

   If the Partner Physician undertakes the remote treatment, the treatment contract is concluded exclusively between you and the treating Partner Physician. The fee payable for the remote treatment may be settled using a remote treatment voucher offered by us. We may additionally charge a service fee for arranging and processing the remote treatment. The applicable prices will be shown to you before you complete your order.

2. Brokerage of Medicinal Product Supply and Medicinal Product Vouchers

   1. Prescription Fulfillment by a Partner Mail-Order Pharmacy

      If a prescription is issued as part of a remote treatment, you may redeem it at one of the Partner mail-order pharmacies shown to you during the ordering process. At your request, we will forward the issued prescription to the Partner pharmacy you have selected, which will carry out the pharmaceutical review, conclude the purchase contract, and ship the prescribed medicinal product.

      Payment for the prescription-only medicinal product is made using an RX voucher previously purchased from us. The purchase contract for the medicinal product is concluded exclusively between you and the respective Partner pharmacy.

   2. Ordering Non-Prescription Medicinal Products

      Non-prescription medicinal products (OTC) can be ordered via our Platform independently of a remote treatment. Delivery is carried out by one of the Partner pharmacies shown during the ordering process.

      The purchase contract for the respective OTC medicinal product is concluded exclusively between you and the delivering Partner pharmacy. Payment is made using the OTC voucher purchased for this purpose. We do not charge a separate service fee for brokering OTC orders.

3. Redeeming a Prescription at a Pharmacy of Your Own Choosing

   You may redeem a prescription issued as part of the remote treatment at a pharmacy of your choice. In this case, the prescription will be forwarded to you by the treating physician for further use. Purchasing an RX voucher is not required for this.

   The purchase contract for the prescribed medicinal product is concluded exclusively between you and the pharmacy you have selected. The available redemption options will be shown to you during the ordering process.

4. Issuance of Prescriptions in Connection with Video Consultations

   If prescriptions are issued as part of a video consultation, they will be sent to you exclusively in paper form by the treating physician. Forwarding of such prescriptions to a Partner pharmacy via our Platform is excluded.

Physicians and Pharmacies as Medical Service Providers

To provide the services brokered via our Platform, we work together with the physicians and mail-order pharmacies listed below (hereinafter collectively "Medical Service Providers").

1. Partner Physicians

   The remote treatments brokered via our Platform are carried out exclusively by the following Partner Physicians:

   Mina Makar

   Business/practice location: Kyrkog 1, 1102, 645 30 Strängnäs, Sweden
   Registration number: 198404118799
   Supervisory authority: Socialstyrelsen, Rålambsvägen 3, 112 59 Stockholm, Sweden
   Professional title: Physician
   Title conferred in: Sweden
   Competent authority: National Board of Health and Welfare (Socialstyrelsen)
   Registration status: [email protected]
   Professional Liability Insurance
   Insurer: Folksam, Davidshallsgatan 16, 211 45 Malmö, Sweden
   Policy number: 286182
   Geographical scope of coverage: Sweden and the European Union

   Our Partner Physicians are authorized to practice their profession in a member state of the European Union. They hold the professional qualifications required to carry out the respective remote treatment and hold professional liability insurance that meets statutory requirements.

   There is no entitlement to the performance of a remote treatment or to treatment by a particular Partner Physician. The decision as to whether the remote treatment is carried out rests exclusively with the treating Partner Physician, in accordance with medical and legal requirements.

   The treating Partner Physician will be identified to you together with the treatment or prescription confirmation and can be found on the issued prescription.

   We are entitled to expand, change or adjust the range of our Partner Physicians at any time.

2. Partner Mail-Order Pharmacies

   If you select delivery via a Partner mail-order pharmacy during the ordering process, the dispensing and delivery of prescription-only medicinal products prescribed as part of the remote treatment will be carried out by one of the Partner mail-order pharmacies listed below. Non-prescription medicinal products (OTC) are delivered via a Partner mail-order pharmacy provided you have purchased the corresponding OTC voucher.

   The Partner mail-order pharmacy is selected during the ordering process in accordance with the delivery option you have chosen.

   The purchase contract for the respective medicinal product is concluded exclusively between you and the respective Partner mail-order pharmacy.

   Super Apotheke B.V.
   A.J. Romijnweg 53
   9672 AH Winschoten
   Netherlands

   Trade register: Kamer van Koophandel 83572961
   Responsible pharmacist: Tanja van der Meulen
   BIG registration number: 99049605117

   E-mail: [email protected]
   Phone: +31 64 5452725
   Website: https://www.superapotheke.nl

   The competent supervisory authority is:

   Inspectie Gezondheidszorg en Jeugd (IGJ)
   Phone: +31 (0)88 120 5000
   E-mail: [email protected]

   Information on the registration status of the pharmacy and of the responsible pharmacist can be viewed via the relevant registers.

   For the delivery of medicinal products, the general terms and conditions and privacy notices of the respective Partner mail-order pharmacy, in their respective current version, apply in addition, insofar as they do not conflict with these Terms. This is without prejudice to the applicable statutory provisions.

   Other delivery or collection options that may be offered by the Partner mail-order pharmacy outside of the order processing offered via our Platform are not available for orders brokered via our Platform.

   Information on your statutory consumer rights in connection with the purchase of medicinal products can be found in Clauses 6 and 9 of these Terms.

   We reserve the right to expand, change or adjust the range of our Partner mail-order pharmacies at any time.

Patient Account and Access to the Platform

1. Setting Up the Patient Account

   Use of the services offered via our Platform requires registration of a personal patient account.

   The patient account serves to manage your user account, your treatment and order processes, and secure communication between you, us, the treating Partner Physicians and the Partner mail-order pharmacies.

   There is no entitlement to registration or to the permanent provision of a patient account.

2. Personal Use and Non-Transferability

   The patient account is intended exclusively for your personal use. Only one patient account may be set up per person.

   Transferring, renting, leasing or otherwise granting third parties use of the patient account is not permitted. In particular, you may not allow third parties to access your patient account.

3. Accuracy and Completeness of Information

   You are obliged to provide complete, accurate and up-to-date information both when registering and while using our Platform.

   Changes to your personal data, in particular your name, address, e-mail address or phone number, must be updated in the patient account without delay.

4. Access Data and Account Security

   You are responsible for keeping your access data confidential and secure. In particular, your password must be kept secret and must not be disclosed to third parties.

   We are entitled to temporarily block your patient account if there are concrete indications of misuse, unauthorized access, incorrect information, or a breach of these Terms. To the extent possible and reasonable, we will inform you of the block.

5. Unauthorized Use of the Patient Account

   If you become aware, or have reasonable grounds to suspect, that a third party has gained unauthorized access to your patient account or your access data, you are obliged to change your password immediately and to inform us without delay.

   We are not liable for damages resulting from a breach, attributable to you, of your obligations to keep your access data secret or secure, or from unauthorized use of your patient account made possible by you. Mandatory statutory liability provisions remain unaffected.

6. Deactivation and Deletion of the Patient Account

   You may deactivate your patient account or request its deletion at any time.

   Deletion is subject to statutory retention obligations and to the extent personal data is still required for the processing of existing contractual relationships or for the assertion, exercise or defense of legal claims.

   Payment obligations and other contractual obligations already incurred remain unaffected by the deactivation or deletion of the patient account.

Process of an Order and Remote Treatment Request

1. Medical Health Questionnaire

   1. Completion and Preliminary Medical Review

      A prerequisite for carrying out a remote treatment and for purchasing a remote treatment and RX voucher is that you select the desired treatment and submit a remote treatment request via our Platform. For this purpose, the health questionnaire provided on our Platform must be completed fully and truthfully. Where provided for or medically necessary, the medical assessment may additionally take place as part of a video consultation.

      By submitting the health questionnaire, you are submitting a request for a remote treatment to be carried out. The information provided in the health questionnaire and, where applicable, during a video consultation forms the basis for the medical assessment.

      Only the treating Partner Physician decides, based on your information and taking into account applicable medical standards and legal requirements, whether the requested remote treatment is medically suitable and justifiable and, if medically indicated, whether a prescription can be issued.

      There is no entitlement to the purchase of a remote treatment or RX voucher, to the brokerage or performance of a remote treatment, to the issuance of a prescription, or to the brokerage of a medicinal product delivery.

      If the medical review finds that a remote treatment is not medically suitable or is contraindicated, in particular due to pre-existing conditions, contraindications, possible interactions with other medicinal products, or other health risks, no remote treatment can be carried out, no prescription can be issued, and no delivery of a prescription-only medicinal product can take place.

   2. Duties to Cooperate and Truthful Information

      The health questionnaire contains questions and notices in particular regarding your state of health, your symptoms, pre-existing conditions, medicinal products currently being taken, and other circumstances relevant to the medical assessment.

      You are obliged to provide complete, accurate and truthful information in the health questionnaire and during any video consultation or other medical follow-up questions. Complete and truthful answers to all questions are a prerequisite for a safe medical assessment and serve to avoid health risks.

      If you are unable to provide the information required for the medical assessment completely and truthfully, you must not submit a remote treatment request via our Platform, or must immediately cancel a remote treatment request already submitted.

2. Conclusion of the Contractual Relationships

   1. Remote Treatment and RX Vouchers

      Following a successful medical assessment, you will, where medically indicated, be shown the prescription-only medicinal products recommended by the treating Partner Physician, including the available dosages and pack sizes. You may then select the corresponding remote treatment voucher and, if desired, the RX voucher.

   2. OTC Vouchers

      Non-prescription medicinal products (OTC) can be selected via our Platform independently of a remote treatment. Purchasing an OTC voucher does not require completion of a health questionnaire.

   3. Submission of the Order and Contractual Declarations

      After entering your personal data, registering your patient account and selecting the payment method offered, you may review your information once more, and correct it if necessary, before completing the order. Changes to the information provided in the health questionnaire are only possible by cancelling the ongoing remote treatment request and resubmitting it.

      By submitting your order, you make binding declarations, depending on the services you have selected, regarding the purchase of the respective vouchers and the brokerage of the remote treatment and, where applicable, the medicinal product delivery.

      The order can only be submitted if you have previously agreed to these General Terms and Conditions, the privacy notices, the contractual terms of the participating Medical Service Providers, and the consumer information by selecting the corresponding checkboxes.

   4. Confirmation and Acceptance of the Order

      After we receive your order, you will receive an order confirmation by e-mail. This initially confirms receipt of your order. Which contracts are concluded, and at what point in time, depends on the services you have selected.

      a) Voucher Purchase Contract

      The contract for the purchase of a remote treatment, RX, or OTC voucher is concluded between you and us upon our acceptance of your order. Acceptance takes place through the order confirmation sent by e-mail.

      b) Brokerage Contract

      The contract for the brokerage and organization of the remote treatment you have selected and, if chosen, the medicinal product delivery is concluded between you and us upon our acceptance of your order. Acceptance takes place through the order confirmation sent by e-mail.

      c) Treatment Contract

      The treatment contract for carrying out the remote treatment is concluded exclusively between you and the treating Partner Physician, as soon as the Partner Physician, after reviewing your information, undertakes the remote treatment. We are not a party to the treatment contract and act in this respect solely as a broker.

      The decision as to whether the remote treatment is carried out, as well as the medical necessity and justifiability of any prescription, rests exclusively with the treating Partner Physician.

      d) Medicinal Product Purchase Contract

      If you select delivery of a prescription-only or non-prescription medicinal product via a Partner mail-order pharmacy, the purchase contract for the medicinal product is concluded exclusively between you and the respective Partner mail-order pharmacy.

      The medicinal product purchase contract is concluded once the Partner mail-order pharmacy accepts your medicinal product order. For prescription-only medicinal products, acceptance requires in particular that a valid prescription is available and that the Partner mail-order pharmacy, following its own independent pharmaceutical review, does not refuse to dispense the medicinal product.

      The order confirmation contains the essential information regarding your order as well as the documents relevant to the contracts concluded via our Platform.

   5. Further Processing After Conclusion of the Contract

      After successful receipt of payment, you will receive a payment confirmation.

      If a prescription is issued as part of the remote treatment, you will receive a prescription confirmation with information about the treating Partner Physician. If you have selected delivery via a Partner mail-order pharmacy, the issued prescription will be forwarded to the Partner mail-order pharmacy you selected. Otherwise, the prescription will be sent to you by the treating Partner Physician for further use.

      As soon as the Partner mail-order pharmacy has arranged shipment of the medicinal product, you will receive a shipping confirmation with the available tracking information.

      The invoice for the vouchers you have purchased, as well as any applicable service fees, will be made available to you electronically. The medicinal product delivery is accompanied by a delivery note from the delivering Partner mail-order pharmacy.

3. Storage of Contract Documents

   The respective contract text, the health questionnaire completed by you and, if you have expressly consented, a recording of the video consultation, will be stored in compliance with applicable data protection provisions.

   The documents relevant to the conclusion of the contract will be made available to you electronically together with the order confirmation. You can view your orders in your patient account.

4. Contract Language

   The contract language is German.

5. Communication with Medical Service Providers

   1. Communication with the Treating Partner Physician

      Communication in connection with your remote treatment generally takes place via your patient account. You will additionally be notified by e-mail of new messages or follow-up questions.

      If the treating Partner Physician requires further information for the medical assessment or performance of the remote treatment, they will contact you via your patient account. In medically urgent cases, contact may also be made using the phone number you provided.

      If the information required for the medical assessment cannot be obtained despite reasonable attempts at contact, or if the medical assessment finds that an in-person examination or treatment by a physician on site is medically necessary, the remote treatment will not be carried out or will be terminated. In this case, no prescription will be issued.

   2. Communication with the Partner Mail-Order Pharmacy

      We will inform you by e-mail about the processing status of your medicinal product order. Direct communication with the delivering Partner mail-order pharmacy is generally not required.

      Where necessary for processing your order, the Partner mail-order pharmacy may contact you using the contact details you provided regarding pharmaceutical queries.

      The Partner mail-order pharmacy independently decides on the dispensing of the medicinal product, taking into account applicable statutory provisions and its pharmaceutical duties of care. If delivery is not possible for reasons relating to medicinal products law, pharmaceutical reasons, or other legally permissible grounds, you will be informed of this without delay.

      Payments already made for the RX voucher and for other services that are not provided as a result of the refusal of the medicinal product delivery will be refunded in accordance with the statutory and contractual provisions. Fees for services already fully rendered, in particular the treatment fee and the service fee for a remote treatment already carried out as well as its brokerage and organization, will not be refunded unless otherwise provided by law.

6. Issuance and Redemption of Prescriptions

   If the treating Partner Physician issues a prescription as part of the remote treatment, it will, depending on the option you selected during the ordering process, either be forwarded to the selected Partner mail-order pharmacy or sent to you in paper form by the treating Partner Physician. In the latter case, you may redeem the prescription yourself at a pharmacy of your choice.

7. Video Consultations

   Where offered for the desired treatment or medically necessary, the remote treatment may be carried out as part of a video consultation.

   The appointment is arranged after successful completion of the ordering process via the communication channels we provide. The access details for the video consultation will be made available to you electronically in good time before the scheduled appointment.

   You are obliged to be reachable at the scheduled time for the video consultation and to have the technical requirements necessary for its performance in place.

   In all other respects, the provisions of these Terms apply accordingly to remote treatments carried out as part of a video consultation.

Consumer Rights of Withdrawal

1. General Information on the Right of Withdrawal

   As a consumer, you are entitled to a right of withdrawal for distance contracts in accordance with the statutory provisions.

   Withdrawal declarations regarding contracts concluded via our Platform may be addressed centrally to us. This also applies to contracts with a Partner Physician or a Partner mail-order pharmacy. We are authorized by the respective Medical Service Providers to receive withdrawal declarations and to handle the further processing of the withdrawal.

   The reversal of payments made via our Platform is handled centrally by us. Insofar as medicinal products must be returned as part of a withdrawal, the return shall be made exclusively to the Partner mail-order pharmacy that delivered them. We will inform you of the relevant return address as part of processing the withdrawal.

   Please address your withdrawal declaration to:

   Deep Web Portal Ltd.
   5th Floor, 40 Mespil Road
   Dublin 4, D04 C2N4
   Ireland
   E-mail: [email protected]

   The model withdrawal form can be found under Clause 6.6.

2. Withdrawal from Brokerage and Treatment Contracts

   Right of Withdrawal

   You have the right to withdraw from the respective contract within fourteen days without giving any reason.

   The withdrawal period is fourteen days from the day the contract is concluded.

   To exercise your right of withdrawal, you must inform us by means of a clear statement, for example a letter sent by post or an e-mail, of your decision to withdraw from the contract.

   You may use the model withdrawal form set out under Clause 6.6 for this purpose. Use of the form is not mandatory.

   To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.

   Effects of Withdrawal

   In the event of an effective withdrawal, payments received under the withdrawn contract will be refunded in accordance with the statutory provisions without undue delay and at the latest within fourteen days from the day on which your withdrawal declaration is received by us.

   For this refund, we will generally use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you. No fees will be charged to you for this refund.

   If you have expressly requested that the provision of a service begin already during the withdrawal period, and you withdraw from the contract before the service has been fully provided, you may, in accordance with the statutory provisions, owe reasonable compensation for the services already provided up to the time of withdrawal.

3. Withdrawal in the Case of Purchase and Delivery of Goods

   Right of Withdrawal

   Insofar as a statutory right of withdrawal exists for the respective purchase contract, you have the right to withdraw from the contract within fourteen days without giving any reason.

   The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.

   To exercise your right of withdrawal, you must inform us by means of a clear statement, for example a letter sent by post or an e-mail, of your decision to withdraw from the contract.

   You may use the model withdrawal form set out under Clause 6.6 for this purpose. Use of the form is not mandatory.

   To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.

   Effects of Withdrawal

   In the event of an effective withdrawal, the payments received under the withdrawn contract, including the costs of the cheapest standard delivery offered, will be refunded in accordance with the statutory provisions.

   The refund will be made without undue delay and at the latest within fourteen days from the day on which your withdrawal declaration is received by us.

   For this refund, we will generally use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you. No fees will be charged to you for this refund.

   The refund may be withheld until the Partner mail-order pharmacy has received the returned goods, or until you have provided proof that you have returned the goods, whichever is earlier.

   Where a return is necessary and legally permissible, the goods must be sent back or handed over to the delivering Partner mail-order pharmacy without undue delay and at the latest within fourteen days from the day on which you declared the withdrawal. The deadline is met if you send the goods before the fourteen-day period expires.

   The information relevant to the return, and the return address of the Partner mail-order pharmacy, will be communicated to you as part of the processing of your withdrawal.

   You bear the direct cost of returning the goods, unless otherwise provided by law or agreed otherwise with you.

   You are only liable for any diminished value of the goods where this is due to handling of the goods that was not necessary for checking their nature, characteristics and functioning, and where the statutory requirements for compensation for such diminished value are met.

4. Expiry of the Right of Withdrawal for Services

   In the case of a contract for a service provided for a fee, the right of withdrawal expires once the service has been fully performed, if you expressly agreed, before performance began, that performance of the service would begin before the withdrawal period expired, and at the same time confirmed that you were aware that your right of withdrawal would expire upon full performance of the contract.

   This also applies to a remote treatment fully carried out by the treating Partner Physician, provided the statutory requirements for the expiry of the right of withdrawal are met.

5. Exclusion and Expiry of the Right of Withdrawal for Goods

   A right of withdrawal does not exist, or expires prematurely, insofar as the statutory requirements for this are met.

   This applies in particular to contracts for:

   1. Goods that are not prefabricated and for whose production an individual selection or specification by you is decisive, or that are clearly tailored to your personal needs;

   2. Goods that can spoil quickly or whose expiry date would be quickly exceeded;

   3. Sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

   Whether the right of withdrawal is excluded or expires prematurely in a specific case is governed by the statutory provisions.

6. Model Withdrawal Form

   If you wish to withdraw from a contract, you may use the following form:

   To:

   Deep Web Portal Ltd.
   5th Floor, 40 Mespil Road
   Dublin 4, D04 C2N4
   Ireland
   E-mail: [email protected]

   Model Withdrawal Form
   (If you wish to withdraw from the contract, please complete this form and return it.)
   – To [here the trader is to insert their own name, address and e-mail address]: – I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*)__________________________________ – Name of the consumer(s) __________________________________ Patient number: ________________________________ Order number: __________________________________ – Address of the consumer(s) __________________________________ – Signature of the consumer(s) (only if this form is notified on paper) __________________________________ – Date__________________________________
   (*) Delete as appropriate.

Prices, Fees and Payment Processing

1. Price Information

   The prices shown to you on our Platform at the time the contract is concluded shall apply to your order.

   Depending on the service selected, the total price may consist of the treatment fee, the service fee, the cost of the medicinal product, and any applicable shipping costs. All costs incurred will be transparently disclosed to you before you complete your order.

   The stated prices are inclusive of statutory value added tax, where applicable.

2. Treatment Fee, Service Fee and Medicinal Product Costs

   We do not charge a service fee for brokering non-prescription medicinal products (OTC). The prices shown for the respective OTC product during the ordering process apply.

   For the remote treatment by the Partner Physician, you purchase a remote treatment voucher from us. The remote treatment voucher serves to settle the treatment fee shown during the ordering process.

   If the Partner Physician concludes, following the medical assessment, that the requested remote treatment cannot be carried out for medical reasons and no prescription is therefore issued, the remote treatment voucher will be reversed and the amount paid for it refunded.

   No refund will be made if the remote treatment or the issuance of a prescription cannot be carried out for reasons attributable to you. This applies in particular in the case of incorrect or incomplete information, missing required information or evidence, or a failure to provide necessary cooperation.

   If the remote treatment is carried out and a prescription is issued, the remote treatment voucher is redeemed to settle the treatment fee. The treatment fee is payable regardless of whether you subsequently redeem the prescription via a Partner mail-order pharmacy or yourself at a pharmacy of your choice.

   An additional service fee is charged for the brokerage and organization of the remote treatment. Its amount will be shown to you separately before you complete your order.

   If you choose delivery of the prescribed medicinal product by a Partner mail-order pharmacy, you purchase an RX voucher from us. This serves to settle the cost of the medicinal product shown during the ordering process at the delivering Partner mail-order pharmacy.

   If the medicinal product delivery does not take place and the RX voucher can therefore not be redeemed, the RX voucher will be reversed and the amount paid for it refunded in accordance with the statutory and contractual provisions.

3. Shipping Costs

   Where shipping costs are incurred for the medicinal product delivery, these will be shown separately before you complete your order.

   Where no shipping costs are incurred due to a membership, a promotion, or another discount offered on our Platform, this will likewise be shown to you before you complete the respective order.

4. Due Date of Payments

   The respective fees are due for payment upon conclusion of the contract and are generally to be paid in advance, unless otherwise indicated by the payment method selected or by another agreement.

5. Available Payment Methods

   The currently available payment methods, as well as any additional costs associated with them, will be shown to you during the ordering process. Further information can be found on our Platform under "Payment Options".

   We reserve the right, for objective reasons and to the extent legally permissible, not to offer or to restrict individual payment methods. Any such restriction will be shown to you before you complete your order.

6. Chargebacks and Failed Payments

   If a direct debit reversal, chargeback, or other failure of a payment occurs due to circumstances attributable to you, in particular due to incorrect payment details or insufficient funds, you shall bear the reasonable costs actually incurred as a result.

   Refunds will generally be made via the means of payment used for the original payment, unless otherwise provided by law or contract or agreed with you.

Performance of Treatment and Supply of Medicinal Products

1. Requirements for the Commencement of the Service

   The commencement of the remote treatment and, if selected by you, the medicinal product delivery require that the fees due for them have been paid in full, unless otherwise agreed for the selected payment method or the respective contract.

2. Requirements and Process for Medicinal Product Delivery

   The general terms and conditions of the respective delivering Partner mail-order pharmacy vis-à-vis consumers in distance selling, as well as, additionally, the applicable statutory provisions, apply to the sale and delivery of prescription-only and non-prescription medicinal products.

   Delivery is made exclusively by mail to the delivery address specified during the ordering process within the Federal Republic of Germany, and in quantities customary for pharmacy orders.

   Delivery of a prescription-only medicinal product requires that the Partner mail-order pharmacy has a valid prescription.

   The Partner mail-order pharmacy independently reviews the dispensing of the medicinal product in accordance with applicable statutory and pharmaceutical requirements. Where necessary to verify proper and safe medicinal product supply, it may consult with the treating Partner Physician.

   If there are pharmaceutical or medicinal products law concerns regarding dispensing, in particular indications of possible misuse or abuse of the medicinal product, the Partner mail-order pharmacy may refuse delivery. In such a case, you will be informed without delay of the refusal and of the further procedure.

   Payments already made for services that are not provided as a result of the refusal will be refunded in accordance with the statutory and contractual provisions.

   If a medicinal product order cannot be shipped within the delivery time specified during the ordering process or otherwise ordinarily to be expected, you will be informed of the delay.

3. Substitution of a Prescribed Medicinal Product

   Where legally permissible, the Partner mail-order pharmacy may replace the prescribed medicinal product with a corresponding substitutable medicinal product. This requires that the treating Partner Physician has not excluded such a substitution and, where necessary, that your consent has been obtained.

   The decision on the permissibility and implementation of a medicinal product substitution is made independently by the Partner mail-order pharmacy, in compliance with applicable statutory and pharmaceutical requirements.

   The product images displayed on our Platform are for illustrative purposes only. The medicinal product actually dispensed may differ from the image shown, in particular with regard to manufacturer, packaging, or external appearance.

4. Questions Regarding Treatment and Medicinal Product Supply

   For general questions about the use of our Platform, the health questionnaire, the course of your remote treatment, your order, or the medicinal product delivery, you may contact our customer service.

   Our customer service does not provide individual medical or pharmaceutical advice. Medical questions are forwarded to the responsible Partner Physician, and pharmaceutical questions to the responsible Partner mail-order pharmacy, or must be addressed directly to them.

   Before using a delivered medicinal product, please read the package leaflet carefully. For questions regarding use, as well as risks, side effects, or interactions, please contact your treating physician or pharmacist.

5. Procedure in Medical Emergencies

   Our Platform and our customer service are not intended for the treatment or handling of medical emergencies.

   In a medical emergency, please contact the responsible emergency services immediately or go to the nearest suitable emergency medical facility or hospital emergency department.

Statutory Rights in the Case of Defects and Warranties

1. Statutory Rights in the Case of Defects

   The statutory warranty rights pursuant to Sections 434 et seq. of the German Civil Code (BGB) apply to the purchase of medicinal products and other goods.

2. Additional Warranties

   An additional warranty exists only if one has been expressly granted. The content and scope of any warranty granted shall be governed by the respective warranty terms.

Use and Availability of the Digital Platform

1. Scope of Application of the Platform Terms

   The following terms of use apply additionally to the use of our Platform and the functions and services provided through it by us.

   By using the registration-required services of our Platform, a free-of-charge usage agreement is concluded between you and us. Use of these services requires acceptance of the applicable terms of use.

   The medical and pharmaceutical services brokered via our Platform are not provided by us, but independently by the respective Medical Service Providers.

2. Technical Availability and Maintenance Work

   We endeavor to ensure reliable and, as far as possible, uninterrupted availability of our Platform. However, due to the technical nature of internet-based services, continuous, uninterrupted and error-free availability at all times cannot be guaranteed.

   Use of our Platform may be temporarily restricted or interrupted, in particular due to maintenance work, security measures, technical faults, or other circumstances.

   Where such restrictions or interruptions are within our sphere of influence, we endeavor to keep their duration and impact to a minimum.

3. Technical Requirements for Use

   To use our Platform, you need an internet-enabled device, a suitable internet connection, and a current, technically supported web browser.

   Depending on the device, operating system, browser, or internet connection used, the display and functional scope of certain areas of our Platform may be limited.

   You are solely responsible for providing the technical requirements necessary, on your side, for using our Platform.

4. Informational Content on the Platform

   The content we provide is created and maintained with reasonable care.

   General information on our Platform, in particular regarding health, illnesses, treatments and medicinal products, is provided for general information purposes. It does not replace individual medical or pharmaceutical advice, diagnosis, or treatment.

   Our responsibility and liability are governed by the statutory provisions and the liability provisions of these Terms.

5. Security of Data Transmission

   Despite reasonable technical and organizational security measures, risks that are outside our sphere of influence may arise when transmitting data over the internet.

   Our responsibility and liability are governed by the statutory provisions and the liability provisions of these Terms. Further information on the processing and protection of personal data can be found in our privacy notices.

6. References and Links to Third-Party Offers

   Our Platform may contain links to third-party websites or services. We generally have no influence over the design and content of such external websites. The respective provider is responsible for their content.

   If we become aware of unlawful content on a linked external website, we will remove the relevant link in accordance with statutory requirements.

Responsibility and Scope of Liability

1. General Principles of Liability

   We are liable without limitation for damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents.

   We are likewise liable without limitation for damages resulting from injury to life, body, or health, insofar as these result from an intentional or negligent breach of duty by us, our legal representatives, or vicarious agents.

   In all other respects, claims for damages are excluded, unless otherwise provided below.

2. Liability for Breach of Material Contractual Obligations

   In the case of a slightly negligent breach of a material contractual obligation, we are liable for the typical, foreseeable damage that could be expected at the time the contract was concluded.

   Material contractual obligations are those obligations whose fulfillment is a prerequisite for the proper performance of the respective contract in the first place, and on whose observance you may regularly rely.

   The above limitation of liability does not apply to damages resulting from injury to life, body, or health.

3. Fraudulent Intent, Warranties, and Mandatory Statutory Liability

   The above exclusions and limitations of liability do not apply insofar as we have fraudulently concealed a defect or have expressly assumed a warranty.

   Liability under the Product Liability Act, as well as under other mandatory statutory provisions, in particular provisions on statutory strict liability, remains unaffected.

4. Liability for Legal Representatives and Vicarious Agents

   Insofar as our liability is excluded or limited under the above provisions, this applies accordingly to the personal liability of our legal representatives and vicarious agents.

Protection and Processing of Personal Data

1. General Principles of Data Processing

   We, the treating Partner Physicians, and the delivering Partner mail-order pharmacies process personal data in connection with the use of our Platform, the brokerage and performance of remote treatments, and the medicinal product delivery in accordance with the applicable data protection provisions.

   These include, in particular, the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection provisions.

2. Processing of Health Data

   As part of the use of our Platform and the performance of a remote treatment, special categories of personal data, in particular health data, may be processed.

   The processing of this data takes place in compliance with the special requirements for health data pursuant to Article 9 GDPR and other applicable statutory provisions.

3. Data Processing by the Platform Provider

   We process personal data in particular in connection with the provision and use of our Platform, the administration of your patient account, the brokerage of the offered services, and the performance and processing of the contracts concluded with you.

4. Data Processing by Treating Partner Physicians

   The treating Partner Physician processes the personal data necessary for the remote treatment, in particular to carry out the treatment relationship and to fulfil the statutory and professional obligations applicable to them.

   This may include, in particular, the medical assessment of your information, the performance of the remote treatment, medical documentation, and, where medically indicated, the issuance of a prescription.

5. Data Processing by Partner Mail-Order Pharmacies

   The delivering Partner mail-order pharmacy processes the personal data necessary for the medicinal product supply, in particular to review and process the medicinal product order and delivery, and to fulfil the statutory and pharmaceutical obligations applicable to it.

6. Further Data Protection Information

   Further information on the processing of your personal data, in particular regarding the respective responsibilities, the legal bases and purposes of processing, the recipients of your data, storage periods, and your data protection rights, can be found in our privacy notices.

Annual Membership and Member Benefits

1. Conclusion and Scope of Services

   You can purchase a paid membership with a term of twelve months via our Platform. During the active membership, you receive access to the benefits and additional services offered for members.

   The specific scope of services and the price of the membership will be shown to you before the membership is concluded.

2. Commencement, Term, and End

   The membership begins at the point in time specified during the ordering process and has a fixed term of twelve months.

   The membership automatically ends upon expiry of the twelve-month term. No notice of termination is required at the end of the term.

   The membership does not automatically renew. If you wish to continue using the member benefits after the membership expires, you must take out a new membership.

   The right of both parties to extraordinary termination for good cause remains unaffected.

3. Membership Price

   The membership price applicable for the entire twelve-month term will be shown to you before the membership is concluded and is due for payment in full upon conclusion of the contract.

   This is a one-time payment for the agreed term. No automatic recurring charge will be made after the membership expires.

4. Discounts on Medical Treatments

   Members receive the respective member discounts shown on our Platform for selected medical treatment services. The amount of the respective discount may vary depending on the treatment service and will be shown to you before you make use of the respective service.

   The membership does not create any entitlement to a particular medical treatment, the issuance of a prescription, or the prescription of a particular medicinal product. The decision on the medical suitability of a treatment and any prescription rests exclusively with the treating Partner Physician.

5. Communication with Partner Physicians

   Members may use the communication options provided as part of the membership to submit requests to Partner Physicians via the Platform.

   During the active membership, such requests may be submitted without a fixed numerical limit, provided they are made within the scope of personal, customary, and reasonable use.

   The membership does not create any entitlement to treatment by a particular Partner Physician, to a particular medical decision, to a particular response time, or to the issuance of a prescription.

6. Further Membership Services

   During the active membership, members receive access to the functions and services designated as member benefits on our Platform.

   Insofar as medical, pharmaceutical, or other services are not expressly included in the membership price, the respective additional costs shown will apply. These will be shown to you before the respective order.

7. Free Shipping

   Where shipping costs are incurred in connection with a medicinal product delivery brokered via our Platform, the standard shipping offered is free of charge for members during the active membership.

   Costs for special or expedited shipping methods are not included, unless otherwise indicated during the ordering process.

   The medicinal product delivery continues to be carried out exclusively by the respective Partner mail-order pharmacy in accordance with the terms applicable to it.

8. Member Service

   Members receive access to the additional service and support offerings for members shown on our Platform.

   Our customer service does not provide individual medical or pharmaceutical advice. Medical services are provided exclusively by the Partner Physicians, and pharmaceutical services exclusively by the responsible Partner mail-order pharmacies.

9. Personal Use and Fair Use

   The membership is intended exclusively for your personal and private use. It is not transferable to other persons.

   Automated, commercial, abusive, or other use that significantly exceeds customary and reasonable personal use, or that impairs the security, stability, or functionality of our Platform, is not permitted.

   In the event of significant or repeated violations, we may, after providing reasonable prior notice, take appropriate measures. These may include, in particular, restricting individual membership functions or, where good cause exists, the extraordinary termination of the membership.

10. Consequences of Termination

    Upon expiry or other termination of the membership, the member benefits cease to apply to future orders and services.

    Contracts already effectively concluded during the active membership, as well as rights and obligations already accrued, remain unaffected by this.

11. Right of Withdrawal

    The statutory provisions on the consumer right of withdrawal apply to the conclusion of the membership.

    Details regarding your right of withdrawal, the withdrawal period, and the consequences of withdrawal are set out in the withdrawal instructions provided at the time the membership is concluded.

Final Contractual Provisions

1. Applicable Law

   The law of the Federal Republic of Germany applies to the contractual relationships between you and us.

   If you are a consumer and have your habitual residence in another state, the mandatory consumer protection provisions of the state of your habitual residence remain unaffected, insofar as they grant you a higher level of protection.

2. Statutory Place of Jurisdiction and Permissible Jurisdiction Agreements

   The statutory rules on jurisdiction apply to disputes arising out of or in connection with the contractual relationships existing between you and us.

   Insofar as an agreement on the place of jurisdiction is legally permissible, our place of business shall be the place of jurisdiction.

3. Consumer Dispute Resolution

   We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation to participate.

4. Set-Off and Rights of Retention

   You may set off against our claims with counterclaims if your counterclaims have been finally and bindingly established, acknowledged by us, or are undisputed.

   The right of set-off also remains unaffected if your counterclaim arises from the same contractual relationship.

   You may only assert a right of retention insofar as it is based on claims arising from the same contractual relationship.

5. Contact and Customer Service

   Our customer service is available to you for general questions, complaints, and grievances regarding our Platform, your orders, and the processing of the services offered, Monday to Friday from 9:00 a.m. to 5:00 p.m.

   Phone: 0800 000 2755
   E-mail: [email protected]

   Our customer service does not provide individual medical or pharmaceutical advice. Medical questions must be addressed to the treating Partner Physician, and pharmaceutical questions to the responsible Partner mail-order pharmacy. Where necessary, we may forward such inquiries to the responsible Medical Service Provider.