Allgemeine Bedingungen und Konditionen

1. In these Terms of Use, the following definitions are used in both singular and plural.
   1. Pharmacy: the registered pharmacy that will dispense Medication based on requests received through the Platform;
   2. Account: the registration of a User on the Website;
   3. Doctor's prescription: the online prescription of a doctor who is legally obliged to prescribe certain Medication;
   4. User: the natural person who uses the Platform to request Medication for their own use;
   5. Medication: the Medication (available on prescription) offered to Users by the Pharmacy;
   6. Kearty.com: trade name of the private company with limited liability eHealth Concepts B.V. under Dutch law, having its registered office in (4611 HC) Bergen op Zoom at Zuidzijde Haven 39a, the Netherlands and registered in the trade register of the Chamber of Commerce under number 93080573, which has developed and operates the Website;
   7. Platform: the platform offered by Kearty.com through its Website to Users, Doctors and Pharmacies to facilitate the process of requesting Medication through the Platform;
   8. Service: the services provided by Kearty.com;
   9. Website: the Kearty.com website and linked websites of eHealth Concepts B.V. or partner websites on which the Platform can be used.
   10. Physician: the registered and regulated physician who assesses whether or not certain Medication may be dispensed to User and/or issuing Prescriptions.
       
       

1. These Terms of Use apply to Users of the Platform
2. By creating an Account, and requesting Medication, the User accepts and agrees to these Terms of Use.
3. Kearty.com is entitled to amend or supplement these terms of use at any time. Changes will be published on the Website. After publication of the amendments, the User will have 30 days to reject the amended terms of use. If after the aforementioned 30 days the new terms of use have not been rejected, the User is deemed to have accepted the new terms of use.
4. Deviations from the terms of use are only valid if expressly agreed in writing or by e-mail between Kearty.com and the User.
5. If and to the extent that any provision of these terms of use is null and void or is annulled, the remaining terms will remain in full force. Kearty.com will then adopt a new provision to replace the void/expired provision. taking into account as much as possible the purpose of the void/expired provision.
   
   

1. Kearty.com provides the Platform on its Website. On the Platform, Users can request a prescription for Medication.
2. If a User makes a request, they must complete a medical questionnaire provided by Kearty.com. Kearty.com forwards this medical questionnaire to a Physician. The Physician assesses whether or not the requested Medication can be provided to User.
3. If the Physician decides that the Medication may be dispensed to User, the Physician will issue a Doctor's prescription to User via the Platform. Kearty.com will send the Doctor's prescription to the Pharmacy. The Pharmacy will supply the Medication to the User.
4. If the Doctor or the Pharmacy decides that the Medicine should not be dispensed to the User, the request will be rejected. The price paid by the User will be settled in accordance with Article 6.3.
5. Kearty.com only has a facilitating role on the Platform and therefore cannot guarantee that:
   1. Treatment requests are successfully received by the Physician and/or Pharmacy;
   2. Medication is correct, safe, working as intended and/or (correctly) delivered;
   3. the Physician's Prescription is correct, safe and/or (correctly) delivered;
   4. the requested Medication and/or the Doctor's Prescription is permitted by law.
6. When requesting a Doctor's Prescription and Medication, User enters into separate agreements with:
   1. A Doctor for the review of the medical questionnaire and/or a Doctor's prescription, and;
   2. A Pharmacy for requesting and delivering Medication.
7. Kearty.com is not responsible for:
   1. Incorrect, incomplete, inappropriate, outdated and/or unlawful information on the Platform (including information provided by Doctors and/or Pharmacies);
   2. The uninterrupted functioning of the Platform;
   3. Viruses, Trojans and/or other transmissible errors and/or defects in the Platform;
   4. Unauthorised or unlawful use of the Platform by third parties;
   5. Treatment requests for Medication by Users;
   6. Delivery of Medication;
   7. Information provided by Pharmacies and/or Physicians;
   8. The quality, safety and/or legality of the (request for) Medication and/or the Physician's Prescription;
   9. Agreements and communications between Users. Physicians and/or Pharmacies; and;
   10. The obligations that User enters into with Doctors and Pharmacies, including purchase agreements and/or assignment agreements. Kearty.com is not responsible for:
8. Kearty.com is at all times entitled to modify (the content of) its Platform and/or to suspend and/or terminate the Platform. In this case, Kearty.com will make reasonable efforts to inform the User in a timely manner.
9.  Kearty.com only provides the Platform and support for the use of the Platform. Kearty.com does not provide Doctor's prescriptions and does not sell or supply Medication itself.
10. Information on the Platform or the Website and communications from Kearty.com is for information and guidance only and no rights can be derived from this information.
    
    

1. The User must register through an Account to request Medication.
2. The User must be at least 18 years old when using the Platform. By creating an Account, the User declares to be 18 years of age or older.
3. The User warrants that all information he provides for requesting a Doctor's prescription and/or Medication is complete, accurate, timely, lawful and in accordance with applicable laws and regulations.
4. The User warrants that he is authorised to request Medication and/or request a Doctor's prescription.
5. When posting a request, the User must not use any communication channel in a way that:
   1. Refers to the provision of illegal services or services that may harm others in any way;
   2. Treats other Users, Pharmacies, Doctors or third parties unfairly;
   3. Harms the interests and/or good name of Kearty.com:
   4. Infringes on intellectual property rights, privacy rights or other rights of Kearty.com or third parties;
   5. Violates morals or good taste, is violent or incites violence or hatred against others;
   6. In any way links to another website that competes with or is similar to Kearty.com. 
6. Kearty.com reserves the right to check, refuse and/or remove any information provided by the User, without incurring any liability.
   
   

1. The prices as stated on the Platform are for requesting Medication and/or obtaining a Doctor's prescription.
2. The price is collected on behalf of the Physician and/or Pharmacy by Kearty.com through a payment service provider contracted by Kearty.com. Kearty.com transfers the funds to the Pharmacy and/or Physician on behalf of the User.
3. If the Doctor refuses to issue a Doctor's prescription, the amount paid by the User will be refunded after deducting a fee for the Doctor's assessment.
4. Return of Medication is subject to the terms and conditions of the Pharmacy where the User received the Medication. If returns are allowed and the Medication is returned, Kearty.com will refund the amount paid by the User to the User's bank account within 7 days of the relevant Pharmacy informing Kearty.com that the Medication has been successfully returned. Cost of obtaining a Doctor's prescription will be deducted from the amount to be returned.
   
   

1. By placing and paying an application, the User expressly agrees to the immediate delivery (within the withdrawal period) or performance of the Service by Kearty.com and the immediate delivery of the Doctor's prescription. User expressly waives his right of withdrawal once the Service and/or (the assessment of the) Doctor's Prescription is provided.
2. User understands and expressly waives his/her right to return or revoke Medication, due to health risks and the strictly personal nature of these Services.
3. Deviation from Article 7.2 is only possible when the Pharmacy expressly allows the return of Medication, see also Article 6.4. Any returns are then subject to the conditions of the Pharmacy. No rights can be derived by Kearty.com from the conditions of the Pharmacy.
4. In the event that the wrong product is delivered or the Medicine delivered is defective, the User must contact Kearty.com's customer service and Kearty.com will then provide a solution.
   
   

1. The processing of personal data in the context of the Platform is subject to the privacy statement of Kearty.com. This privacy statement can be accessed at www.kearty.com/nl/p/privacy-statement.
   
   

1. Kearty.com may (temporarily) take the Platform out of use or restrict its use in order to carry out maintenance, updates and adjustments (or have them carried out), without being liable for damages to the User. Kearty.com will timely inform Users about planned maintenance and/or adjustments being carried out.
   
   

1. All intellectual property rights relating to the Platform and the Website belong exclusively to Kearty.com, its licensors, Physicians and/or Pharmacies.
   Without Kearty.com's prior written consent, the User may not make available to third parties, reproduce, distribute, transmit or incorporate the content of the Platform in any way whatsoever into any other document or material.
   Intellectual property rights in Medication and/or Doctors' Prescriptions are vested in their respective owners.
   
   

1. Kearty.com may deny the User access to the Platform if the User fails to act in accordance with these Terms of Use.
   
   

1. A non-attributable failure of Pharmacies, Doctors and/or other third parties engaged by Kearty.com;
2. A legal prohibition on the sale or supply of certain Medicines and/or Doctors' prescriptions;
3. Acts of any governmental authority.
4. Kearty.com is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure includes, but is not limited to:
   
   

1. Kearty.com is not liable for any damage suffered by the User or suffered as a result of the use of the Platform, in the broadest sense of the word, except in the event of intent or gross negligence on the part of Kearty.com .
2. To the extent that the exclusion of liability referred to in paragraph 1 is non-binding on any legal ground, Kearty.com's liability is limited to the amount paid by Users to Kearty.com for requesting Medication via the Platform.
   
   

1. The Platform may contain references to third-party websites. Kearty.com does not control these websites and is not responsible for their content and/or the policies (including privacy policies) pursued by these websites.
   
   

1. Kearty.com makes reasonable efforts to secure its Platform and underlying systems against loss and/or against any form of unlawful use. In this context, Kearty.com takes appropriate technical and organisational measures, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying degrees of probability and gravity for the rights and freedoms of natural persons.
   
   

1. Unlawful or inaccurate information on the Platform can be reported to Kearty.com by sending an email to hello@kearty.com. Kearty.com will review the e-mail, and if Kearty.com decides that it is necessary to change information, the changes will be made within a reasonable period of time.
   
   

1. This Agreement is governed by Dutch law. Any disputes relating to these Terms of Use and/or the Platform will be submitted to the competent court in the district of Zeeland-West Brabant, location Breda.
2. Applicability of the Vienna Sales Convention 1980 is excluded.
   
   

QUESTIONS
If there are any questions about these Terms of Use, please contact us at hello@kearty.com.

Bergen op Zoom, 12 April 2024