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General
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Definition
Our General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between the consumer (customer) and Online service provider: Deep Web Portal Ltd., 106 LAGAN ROAD, DUBLIN INDUSTRIAL ESTATE, DUBLIN11, D11 DXA9, IRELAND VAT: IE4189288VH (Check here) Commercial register number: 738707 (Check here) Email: [email protected]
for the purchase and mediation of telemedicine vouchers (Section 2) through the online platform "SofortArzt" (hereinafter referred to as the "Platform").
The GTC apply from the moment of the order. The customer's deviating GTC apply only if we expressly agree to them in writing.
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Conditions of Applicability
All services offered on our platform are exclusively available under the condition that you intend to use and pay for the services only for yourself, are at least 18 years old, and have a valid delivery address in the Federal Republic of Germany. Billing with health insurance companies is excluded on our part.
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Scope
These GTC apply exclusively to consumers.
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Subject of the Contract
If you have purchased the vouchers on our platform, we will organize the corresponding services. We do not provide medical or pharmaceutical services ourselves, i.e., we do not conduct telemedicine treatments, prescribe, or distribute medications.
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Acquisition of Telemedicine Vouchers; Mediation of Telemedicine Treatments
On our platform, you have the opportunity to get in touch with one of our cooperating doctors. We will forward your request for a telemedicine treatment to the responsible cooperating doctor. To determine whether you are eligible for a telemedicine treatment, you will be asked to fill out an online questionnaire or alternatively participate in a video consultation. Based on your answers, the cooperating doctor may proceed with the telemedicine treatment and charge the corresponding telemedicine fee against the telemedicine voucher purchased from us in our own name and at our own expense.
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Medical Service Providers
The following doctors are in cooperation with us:
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Our Cooperating Doctors
The telemedicine treatments offered on our platform are provided by the following cooperating doctors:
Viktor Simunovic
- Business/Practice Location: Zagreb, Croatia
- Registration Number: 49440
- Supervisory Authority: Hrvatska Liječnička Komora, Zagreb, https://www.hlk.hr
- Professional Title: Doctor
- Title Granted in: Croatia
- Responsible Chamber: Hrvatska Liječnička Komora
- Check Registration Status at: https://www.hlk.hr
- Details of Professional Liability Insurance:
- Name and Address of Insurer: Croatia Osiguranje, Vatroslava Jagića 33, 10000 Zagreb
- Insurance Number: 078620116608
- Coverage Area of the Insurance: Croatia
Mina Makar
- Business/Practice Location: Kyrkog 1, 1102, 645 30 Strängnäs, Sweden
- Registration Number: 198404118799
- Supervisory Authority: Rålambsvägen, 3112 35, Stockholm, Sweden, https://www.socialstyrelsen.se/
- Professional Title: Doctor
- Title Granted in: Sweden
- Responsible Chamber: National Board of Health and Welfare (Socialstyrelsen)
- Check Registration Status at: [email protected]
- Details of Professional Liability Insurance:
- Name and Address of Insurer: Folksam, Davidshallsgatan 16, 211 45 Malmö, Sweden
- Insurance Number: 286182
- Coverage Area of the Insurance: Sweden, EU
All cooperating doctors on our platform are equally qualified, based in the European Union, and possess the necessary expertise as well as professional liability insurance that covers telemedicine treatment risks. You do not have the right to a telemedicine treatment as such, nor to the treatment by a specific cooperating doctor.
The treating doctor will be communicated to you along with the prescription confirmation by email (Section 5.2.5), and you can also find their details in the prescription. Expanding the circle of suitable cooperating doctors for the future is always possible.
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Patient Account - Registration
In order to use the services on our platform, you will need a user account, through which you can log in with your access data and communicate with us and the cooperating doctor.
The patient account is intended solely for your personal use, and no more than one patient account may be created per person. It is prohibited to rent or lend the patient account. You are required to provide truthful and complete information. There is no legal right to registration, and you are responsible for the security of your account. This includes, in particular, keeping your password confidential.
If you become aware of any unauthorized access to your patient account, you are required to immediately change your password. We must be informed of any unauthorized use of the password or patient account. You have the option to deactivate your patient account on your own, and the deactivation cannot be undone.
We assume no liability for damages that we are not responsible for, including those caused by the theft of your password or the sharing of your password with third parties.
At the time of deactivation, any existing payment obligations remain unaffected.
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Order Process
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Questionnaire (RX Only)
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Procedure
The confirmed medical history as well as the diagnosis indicating the need for telemedicine treatment are prerequisites for the acquisition of telemedicine vouchers. To use our services, it is required to complete the questionnaire on our platform, which allows the doctor to assess your suitability for telemedicine treatment.
In principle, there is no entitlement to the purchase of vouchers or to the mediation of telemedicine treatments. If the review of the questionnaire or your answers during a video consultation indicates that you are not eligible for the desired telemedicine treatment due to pre-existing conditions or other medications, you will not be able to acquire a telemedicine voucher, claim telemedicine treatment, or receive a prescription.
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Duties of Care Regarding the Questionnaire
The questionnaire contains various questions and information about your health, symptoms, medication use, and other life circumstances. Providing truthful and complete answers to the questionnaire and any questions during the video consultation is mandatory for acquiring telemedicine vouchers.
If it is not possible to answer the questionnaire or medical questions truthfully and completely, you must refrain from requesting telemedicine treatment.
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Conclusion of Contracts
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Telemedicine Vouchers
If your answers to the questionnaire indicate the need for telemedicine treatment and meet the required qualifications, the RX prescriptions, as well as the recommended dosages and package sizes, will be displayed to you on our platform, as recommended by the cooperating doctor.
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Your Applications
After entering the necessary personal data and selecting your payment methods, which must be provided during the patient account registration, you can review your selection and data once again and, if necessary, make corrections. To correct your answers in the questionnaire, you must cancel your current telemedicine request and edit it again.
Application Forms for the Purchase of Vouchers:
- A telemedicine voucher for the telemedicine treatment of your choice.
Application Form for the Mediation of:
- Telemedicine treatment
Application Form for Telemedicine Treatment with One of Our Cooperating Doctors, Including the Legal Provisions All your applications can only be submitted if you agree to our General Terms and Conditions (GTC), our Privacy Policy, the GTC of the participating medical service providers, and the Consumer Right of Withdrawal notice by ticking the corresponding boxes.
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Assumptions
Once you place your order, you will receive an order confirmation via email, in which we, on our own behalf and on behalf of the respective medical service provider, provide the following:
- An application for the conclusion of a contract for the mediation of telemedicine treatment
- An application for the conclusion of a treatment contract with a cooperating doctor
Procedure
The order confirmation contains all essential information, such as our GTC, right of withdrawal notice, and a sample withdrawal form.
- Once your payment has been received, you will be notified with a separate email confirmation.
- If you undergo a telemedicine treatment and a prescription is issued, you will receive a prescription confirmation email. Depending on the selected option, the original prescription will be mailed to your home.
- The invoice for the vouchers you purchased will be sent either with the order confirmation or in a separate email.
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Contract Language
The contracts are concluded in English.
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Storage of the Contract
The contract, completed questionnaire, and a recording of your video consultation (if explicitly consented to) will be stored by us while ensuring data protection.
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Inquiries from Medical Service Providers
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Treating Cooperating Doctor
Our communication usually takes place through your patient account, through which we also forward inquiries from the cooperating doctor.
If additional information regarding your order or the implementation of your telemedicine treatment is required, the cooperating doctor will contact you via your patient account, and you will be notified by email. In case of an emergency, you will be contacted through the phone number you provided.
If we or the cooperating doctor are unable to reach you and the medically necessary information has not been received, or if the medical history requires a visit to another doctor in person, the telemedicine treatment will be canceled as a precaution, and no prescription will be issued.
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Payment Terms
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Prices
The prices are valid at the time of recording your order.
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Costs
The telemedicine treatment by the cooperating doctor becomes due with your order as a telemedicine fee and will be automatically settled with the telemedicine voucher purchased from us, provided you qualify for the desired telemedicine treatment and the cooperating doctor has deemed it medically necessary. The telemedicine fee is due immediately.
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Payment Methods
All fees are due upon contract conclusion and must be paid in advance unless stated otherwise among the available payment methods. Our vouchers can be paid for by credit card/debit card, bank transfer, and common cryptocurrencies. You can find more information about the available payment methods on our website.
In the event of a negative credit check, we reserve the right to exclude certain payment methods. You will be informed about this immediately.
You are responsible for chargebacks caused by incorrect information or insufficient funds, and you will bear any associated costs.
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Start of Telemedicine Treatment
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Payments
All fees must be fully paid before the start of your treatment.
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Shipping of the Order
The prescription will be sent to you by mail with a tracking number.
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Questions and Medical Emergencies
In medical emergencies, you should immediately contact an official emergency phone number or go to the nearest medical emergency center or hospital emergency room.
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Consumer Right of Withdrawal
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Right of Withdrawal
As a consumer, you have a statutory right of withdrawal in distance contracts, which we inform you of, both in our own name and on behalf of the medical service providers, in accordance with the applicable legal model.
We are the recipient on behalf of the medical service provider for your withdrawal declaration. We will handle the reversal of the amounts you have paid.
Sample Right of Withdrawal Form is included in Section 8.2.
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Right of Withdrawal – Contracts
We grant you a right of withdrawal in relation to the contract concluded with us for the mediation of services and the treatment contract with the cooperating doctor.
Withdrawal Declaration
The contract can be revoked within fourteen days without stating reasons. We or the treating cooperating doctor must be informed of your decision to withdraw from this contract through a clear statement (letter, fax, or email).
Deep Web Portal Ltd.
106 LAGAN ROAD,
DUBLIN INDUSTRIAL ESTATE
DUBLIN11, D11 DXA9
VAT: IE4189288VH
Email: [email protected]You may use the attached sample withdrawal form, but this is not mandatory. It is sufficient if you send the notification of your intention to exercise the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
We are obligated to reimburse you for all payments we have received from you, including delivery costs (except for costs arising from a different delivery method), without undue delay and no later than fourteen days from the receipt of the withdrawal. No additional costs will be incurred for this refund. We will use the same payment method for the refund (except for cryptocurrency payments – the amount will be refunded in EUR to your bank account) that you used in the original transaction, unless you have expressly agreed otherwise.If the service has started during the withdrawal period, you must pay us an appropriate amount corresponding to the portion of services already rendered up to the point of withdrawal in relation to the total scope of the services provided for in the contract.
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Right of Withdrawal – Vouchers
We grant you a right of withdrawal in relation to the contract concluded with us for the purchase of vouchers.
Right of Withdrawal
The contract can be revoked within fourteen days without stating reasons, starting from the day on which the goods are received into your possession.Deep Web Portal Ltd.
106 LAGAN ROAD,
DUBLIN INDUSTRIAL ESTATE
DUBLIN11, D11 DXA9
VAT: IE4189288VH
Email: [email protected]We must be informed of your decision to withdraw from this contract through a clear statement (letter, fax, or email).
Consequences of Withdrawal
We are obligated to refund all payments we have received from you, including delivery costs (except for costs arising from a different delivery method), without undue delay and no later than fourteen days from the receipt of the withdrawal. No additional costs will be incurred for this refund. We will use the same payment method for the refund (except for cryptocurrency payments – the amount will be refunded in EUR to your bank account) that you used in the original transaction, unless you have expressly agreed otherwise.Please return the goods within fourteen days from the day you informed us of the contract withdrawal. If you send the goods before the fourteen-day period expires, the deadline will be considered met. The direct costs of returning the goods will be borne by you. You are only liable for any loss in value of the goods if the loss is due to handling them in a way that is not necessary for checking the nature, characteristics, and functioning of the goods.
We may refuse the refund until we have received the goods back or you have provided proof of the return, whichever occurs first.
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Premature Expiration of the Right of Withdrawal as per Section 8.1.1
Your right of withdrawal will expire prematurely if:
- We or the cooperating doctor have started the service after you have given your explicit consent, and at the same time confirmed that your right of withdrawal expires once the contract is fully performed, and
- We or the cooperating doctor have fully provided the services.
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Exclusion of the Right of Withdrawal as per Section 8.1.2
The right of withdrawal does not apply, among other cases, to:
- sealed goods that cannot be returned for reasons of health protection or hygiene if the seal has been removed after delivery,
- goods that are not pre-made and whose production is based on an individual selection or specification by you or is tailored to your personal needs.
- perishable goods whose expiration date would soon pass.
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Sample Withdrawal Form
The sample withdrawal form can be found in our own name and on behalf of the cooperating doctor treating you.
Sample Withdrawal Form
If you wish to withdraw from the contract, please complete this form and send it back.
Withdrawal Declaration
To:
- Deep Web Portal Ltd.,
- 106 LAGAN ROAD,
- DUBLIN INDUSTRIAL ESTATE
- DUBLIN11, D11 DXA9
- VAT: IE4189288VH
- Email: [email protected]
I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods / the provision of the following services:
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is submitted on paper)
- Date
- (*) Delete as applicable.
End of Right of Withdrawal Notice
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Supplementary Terms of Use for Our Platform
The terms of use apply to the use of our platform and other services offered to you through our platform. You are not authorized to use our services if you do not accept these terms of use.
By using our services, a free contract is formed between you and us for the use of the services. Due to current technical circumstances, uninterrupted and complete availability of the services is not guaranteed, and we do not assume liability for continuous availability. Disruptions or maintenance may limit or partially interrupt usage. When possible, if we have control over interruptions, we will attempt to minimize them as much as possible.
The service is best accessed via a PC using a web browser with a DSL connection or equivalent. Use through other internet-enabled devices may affect functionality and display quality. Data content is created with the utmost care, but we do not guarantee the accuracy, completeness, or timeliness of the provided content. We do not take responsibility for data security outside of our control or for data loss during internet transmission.
External links to third-party websites may be provided. However, we do not assume responsibility for their content, as we have no influence over their information. The content and accuracy of information are the responsibility of the respective provider of the linked website. No legal violations were apparent at the time of the link. We will remove the respective link promptly once we are made aware of any legal violations.
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Liability
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Principle
The essential contractual obligations are those that are necessary to achieve the contract's objective. All claims for damages are excluded, except for cases where the liability arises from the injury to life, body, or health, or for essential breaches of contract, as well as other damages that are based on our intentional or grossly negligent breach of duty.
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Violation of Essential Contractual Obligations
Our liability is limited to the contractually typical, foreseeable damage caused by negligence, unless it concerns a claim for damages resulting from injury to life, body, or health.
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Warranty of Quality; Fraud; Liability Law
We are not liable if the defect was fraudulently concealed or if a warranty regarding the quality of the goods/services was assumed. This also applies if we have made an agreement regarding the quality of the goods/services. If claims are made directly against our legal representatives or agents, the same limitations from sections 11.1 and 11.2 apply. The provisions of other mandatory legal regulations remain unaffected.
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Data Protection
We and the treating cooperating doctors process your personal data exclusively in accordance with the EU General Data Protection Regulation ("GDPR") and under the supervision of the Data Protection Commissioner (DPC, Irish: An Coimisinéir Cosanta Sonraí) and applicable regulations, solely for the purpose of fulfilling the contract. Your personal data will be used exclusively for the performance of the intermediary and purchase contracts with you, and otherwise as data processors for the cooperating partners.
The data processing by the cooperating doctor is solely for the purpose of fulfilling the treatment contract.
Further information on data protection can be found here.
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Final Provisions
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Jurisdiction
The location of our business will be the exclusive place of jurisdiction for all direct or indirect disputes.
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Applicable Law
The laws of Ireland shall apply, with the exception of the mandatory provisions of the country of your habitual residence.
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Dispute Resolution
The European Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body.
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Right of Set-off
You are only entitled to offset claims if your claims have been legally established, recognized by us, or are undisputed, or if they are related to our claims in a reciprocal relationship.
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Customer Service
Our customer service is available for all inquiries regarding orders and complaints, excluding medical or pharmaceutical questions, Monday to Friday from 9:00 AM to 5:00 PM at the phone number: +49 800 000 2755, and by email at [email protected].
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