GENERAL TERMS & CONDITIONS FOR THE USE OF THE HappyPills WEBSITE EN SERVICE
Acceptance of general terms and conditions
By ordering from our site, you accept our general terms and conditions, including our Privacy Statement and you accept that you are entering into an agreement directly with the Pharmacy and Doctor nominated by HappyPills on receipt of your order. These Terms & Conditions are part of the agreement between a Customer and the Company, and also apply to the agreement between a Customer and the Provider of the Products and a Doctor (if applicable). HappyPills provides for contact with a doctor and/or pharmacy. You will receive an email with the name of the nominated Pharmacy and, if applicable, of the nominated independent Doctor, after your Order is accepted by the Pharmacy and Doctor (if applicable).
In these Terms and Conditions the following definitions will be used:
* 'Act of God': An act which occurs as a result of the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, and without human intervention, and is of such a character that it could not have been prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence.
* 'Agreement': the agreement that is entered into by acceptance of the Terms & Conditions.
* 'Carrier': Reputable shipment and courier companies, such as but not limited to UPS / DHL / Royal Mail / Parcel Force / TNT
* 'Company': eMedvertise NV trading as HappyPills, the owner(s) of this Website, provide(s) for contact with a doctor and/or pharmacy.
* 'Content': all content such as text, information, images, and audio made available to you through HappyPills.
* 'Customer': any visitor of the Website that agrees to the Terms & Conditions and places an Order.
* 'Doctor': an independent medical doctor, licensed in the jurisdiction where he or she resides, who will review the Medical Questionnaire and make a determination regarding whether or not to issue a prescription directly to you.
* 'Doctor Consultation Services': the review by a Doctor of your Medical Questionnaire; the determination that a prescription should be issued in your case; and, the actual issuance of the appropriate prescription for the medication you desire to purchase.
* 'HappyPills' or 'Website': this website, happypills.org.uk.
* 'Medical Questionnaire': Questions from the Doctor for the assessment of a medical anamnesis.
* 'Order': the request via the Website to purchase certain Products.
* 'Password': A secret word or code.
* 'Privacy Statement': the statements below under the heading Privacy Statement.
* 'Products': the products listed on HappyPills.
* 'Provider' or 'Pharmacy': the provider of the Products, an independent licensed pharmacy, which will dispense the Products and despatch them directly to you in response to a valid prescription written for you. The Pharmacy are legally only able to dispense medicines to you where they have received a valid prescription issued by a registered prescriber within the European Economic Area. Prescriptions are issued entirely at the discretion of the prescriber.
* 'Services': Providing a professional platform for online consultation and prescription of medication via the internet.
* 'Site': the Website, the Content and the Services.
* 'Terms & Conditions ': these general terms and conditions.
General Description of the Transactions Conducted on the Site
The Website provides a professional platform for online consultation and prescription of medication via the internet. After placing an order on the Website, you will receive an email with the name of the Provider of the Product(s) and, if applicable, of a Doctor. Any following purchase of Products is completed by separate agreement between the Customer and the Pharmacy, and, if applicable, a Doctor. HappyPills provides for contact with a doctor and/or pharmacy by (a) forwarding your medical information and request for a prescription or a question to a Doctor; and, (b) the prescription of medications for you to a Pharmacy, which is not affiliated with HappyPills. HappyPills is acting in its own name and on its own behalf and HappyPills does not receive any fee of doctors and/or pharmacies. The sale and supply of medicines to you is contractually arranged for between you and the pharmacy. HappyPills ensures also safe payment transactions.
The following steps will be followed in connection with a transaction to be concluded on the Website:
a. First, you will be requested to select a product you wish to order.
b. Second, you must complete a detailed medical questionnaire (the 'Medical Questionnaire') that will be reviewed by a Doctor.
c. Third, you will be requested to review and approve this Agreement.
d. Fourth, you will be obliged to provide a valid e-mail address; select a password (the 'Password') when necessary; provide a billing address, a shipping address and credit card/payment information. You will also be requested to confirm whether you desire to receive follow-up e-mails from HappyPills regarding new products offered through the Site and/or related to your specific order.
e. Fifth, you will receive an e-mail confirmation of your order (the 'Order Confirmation') with order number to be used for tracking purposes.
If you have previously ordered through HappyPills and possess a Password, then several of the foregoing steps could not be necessary.
The Medical Questionnaire is subject to Doctor approval and, therefore, does not constitute an irrevocable obligation of the Pharmacy to ship the Products until such time as a Doctor's prescription for the Product has been received and approved by the Pharmacy.
f. Sixth, upon receipt by the Pharmacy of a Doctor's prescription for the Product you ordered, in form and substance acceptable to the Pharmacy, the Pharmacy will deliver the Products into the possession of a private carrier designated by the Pharmacy (the 'Carrier'), acting as your agent for purpose of receiving delivery of the Products. The Carrier will receive the Products in the registered office seat of the Pharmacy on your behalf and ship them to you at the address set forth in the Order Confirmation.
Orders are accepted at our discretion and the discretion of the Doctors and Pharmacies, and we reserve the right to decline orders without explanation.
HappyPills provides for contact with a doctor and/or pharmacy
HappyPills provides for contact with a doctor and/or pharmacy by (a) forwarding your medical information and request for a prescription or a question to a Doctor; and, (b) the prescription of medications for you to a Pharmacy, which is not affiliated with HappyPills. HappyPills is acting in its own name and on its own behalf and HappyPills does not receive any fee of doctors and/or pharmacies. The sale and supply of medicines to you is contractually arranged for between you and the pharmacy. This may mean that under applicable national law the Pharmacies and Doctors are bound by rules of professional conduct and/or by law and that the provision of Doctor Consultation Services and/or the supply of Products may be governed partly by rules and laws in effect in which the Doctors and Pharmacies are located. These Terms and Conditions cover all sales made through the Site and each of the Pharmacies and Doctors must comply with these Terms and Conditions. For the avoidance of doubt, all supply of Products made from the Pharmacy(s) in the UK is governed by English Law and will be deemed to have taken place in England and subject to the exclusive jurisdiction of the English courts. All supply of Products made from the Pharmacy(s) in other European countries is governed by the law of the European country in which the Pharmacy is located and will be deemed to have taken place in that country and subject to the exclusive jurisdiction of that countries courts.
HappyPills reserves the right to change prices. Prices at the time of placing an order are valid throughout the buying process. *At times where software or human errors for instance list products with an obvious faulty price, HappyPills reserves the rights to cancel the order -notifications will be given.
Change of product assortment
HappyPills reserves the right to change the Product availability on the Site and to remove items from the product range before a purchase has been registered.
We do our best to make sure that all of the content on our site is correct. However, as we are only human, we reserve the right that unintentional errors may occur. Colors on your computer screen are not always 100 % accurate. You should always verify whether the Product shipped to you complies with your Order Confirmation and the outcome of your online Doctor consultation before using it.
Under 18 years old?
If you are under the age of 18, your parents or guardian's consent is required to place Orders on this Website.
Prices are stated in EURO only. All payments must be made by credit card, Ideal, direct debit or as indicated on the Site. Payment is taken by HappyPills on behalf of the Pharmacy and Doctor.
In the event the payment method you use fails to pay, HappyPills may, without further formal notice of default, charge the extra-judicial collection costs, which will start at 15 euro extra administration cost, all without prejudice to HappyPills's claim for reimbursement of all judicial costs of collection that may be incurred.
The Site's Content is merely intended as a source of general information and is not intended to be diagnostic or therapeutic advice or otherwise a substitute for medical advice. HappyPills (as well as the medical doctors and pharmacies and pharmacists) IS NOT LIABLE FOR THE EFFECTIVENESS OF THE PRODUCTS OFFERED, THE CONTENT OF THE TEXT ON THE PATIENT INFORMATION PROVIDED BY THE PRODUCT MANUFACTURERS, INFORMATION TEXTS, DESCRIPTIONS OF TREATMENT METHODS AND OTHER DESCRIPTIONS ON THE WEBSITE, NOR CAN ANY GUARANTEES BE GIVEN IN THAT RESPECT. We do not give legal or medical advice, nor do we provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Site is solely at your own risk.
By making use of this Site, you declare that you do so at your own risk and accept that all responsibility in connection with the use of this Site rests with you. You are responsible for taking all precautions you believe necessary or advisable to protect you against any damage, loss or hazard that may arise by virtue of your use of this Site.
You agree to defend, indemnify and hold us (as well as the medical doctors and pharmacies and pharmacists) harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to: (1) your breach of these Terms & Conditions; (2) your unauthorized or unlawful use of the Site; (3) any misrepresentation made by you in connection with your use of the Site; (4) the unauthorized or unlawful use of the Site by any other person using your Password; and/or, (5) claims brought by persons or entities other than the parties to this Agreement arising from or related to your use of the Site, including the information obtained through the Site.
To enable the Doctor to decide whether the Products you order may be prescribed to you without risk, it is crucial that you provide accurate and complete information in the Medical Questionnaire. Omitting any information requested could result in prescription of Products that may damage your health.
To avoid damage to your health it is very important that you provide us with all medications you are currently taking, as requested on the Medical Questionnaire.
If you are unable to complete the Medical Questionnaire you agree not order the Product. Instead, you should check with your regular doctor whether you are taking any medications or any combination of medications that would make the Product contraindicated or whether there is anything in your medical history that would preclude you from using the Product without risk to your health.
Prescription medicinal products, such as the Products, may have side effects. You should realize and understand that as a result of use of the Product prescribed, you may suffer adverse effects including but not limited the side effects indicated in the information leaflet provided with the Product packaging.
You agree to notify your current doctor and/or pharmacist that you have chosen to use the Product ordered.
You should realize and understand that no doctor, nurse, or administrative personnel can guarantee that the Product you order, even if prescribed, will provide the desired results.
HappyPills (as well as the medical doctors and pharmacies and pharmacists) cannot be held liable for the accuracy of the diagnosis, treatment or medication prescribed or the correct use of the products supplied. It lies on the purchaser to use any products supplied under the guidance of a physician.
Orders received, will be shipped as soon as possible as received and approved by a Doctor. The shipping costs for each Product may vary depending on the shipping destination and the delivery service selected. Any delivery times quoted are estimates, based on availability and normal delivery time. Please note that there are some products that we do not ship to certain destinations, which will be indicated on the Site. Due to FDA regulations, it is our policy not to dispense prescriptions for supply to the USA.
Delivery of all products ordered takes place in an independent and fully licensed pharmacy. All products are shipped on behalf of, and at the risk of, the Customer. The Customer indemnifies HappyPills (as well as the Doctors, Pharmacies and pharmacists) for any and all legal action which might be brought against the Customer, in case of not acting in accordance with the regulations and importation laws applied by the government of the country of destination. You are responsible for all customs, taxes and tariffs, applicable in your country.
You hereby appoint the Carrier as your agent and attorney-in-fact to accept delivery of the Products within the registered office seat of the Pharmacy. Upon delivery of the Products to the Carrier, the Pharmacy shall be deemed to have completed its obligations under its agreement(s) and all risk and title to the Products will pass to you.
Cancellation / returns
Since medicinal products are perishable and of a personal nature in that they have been prescribed to you, and to avoid the risk of any tampering with Products, HappyPills cannot accept any returns of Products except in the case of defective or damaged Products, or if the wrong Product has been delivered to you. Medicines are exempt from the requirement to accept return under the Consumer Protection (distance selling) regulations 2000 (as amended).
If the Product delivered to you is defective or damaged or if the wrong Product has been delivered to you, you may either:
1. Cancel your order and return the Product to the Pharmacy within 7 business days from receipt, and receive a refund within 30 days of receipt by the Pharmacy of the Product; or,
2. request the Pharmacy to replace the Product.
The Pharmacy will refund the costs of returning defective, damaged or wrongly supplied Products. In the event of the occurrence of any of the foregoing, the sole obligations of the Pharmacy shall be those set forth in 1. and 2. above.
Return address and instructions are included with your e-mail confirmation of order and dispatch.
Should you have a complaint with the service or Product supplied please contact HappyPills Customer Service at: happypills.org.uk/contact
HappyPills intends to:
* acknowledge complaints as soon as possible;
* advise you how long it will take to resolve the complaint; and
* keep you informed throughout the process.
Trademarks and copyright
The Site is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any Content from the Site including code and software. The Content consists of copyrighted works proprietary to us or to third parties who have provided us with Content. Any Content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such Content. Any framing of the Website is prohibited. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS.
For repeat users, the Site will require a Password to access your information. You are solely responsible for (1) maintaining the strict confidentiality of your Password (2) not allowing another person to use your Password to process orders through the Site, (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure to keep your Password confidential, and (4) promptly informing us in writing of any need to deactivate a Password due to security concerns. We are not liable for any harm related to the theft of your Password, your disclosure of your Password, or your authorization to allow another person or entity to access and use the Site using your Password. You agree to immediately notify us of any unauthorized use of your Password.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HappyPills or its content suppliers and protected by international copyright laws. This Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the expressed written consent of the Company.
The HappyPills privacy statement is designed to demonstrate our commitment to privacy. We respect your privacy. Any personal information that you provide is used for the purpose of giving you the
best possible information. Registration is not required to use the Website. Nevertheless, to speed up future purchases and avoid retyping your data you may register with HappyPills and
HappyPills will store your personal data securely with access protected by a user name and password. HappyPills will verify all new members' usernames and passwords via e-mail. In our Order
form, we ask you to give us certain personal information, which is needed to send through to the Pharmacy and Doctor, if applicable. Please dom't tell us things you don't want us to know.
Non-disclosure to third parties
Unless we have your expressed consent, we will not disclose your personal information to any third parties (other than the Pharmacy and Doctor, if applicable). We will not sell, rent or trade your personal information to others for marketing purposes without your expressed consent. We may collect statistics regarding the use of our Website, such as traffic patterns and related site information, but this information will not include any personal identifying information.
Contact by Doctor and/or Pharmacy
The Doctors and Pharmacy that fulfil your order for HappyPills are under a legal and/or professional obligation to contact you if they suspect any problems resulting from prescribing or delivering the ordered Product to you. Therefore, the Doctor, Pharmacy or private carrier may contact you directly. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. If you have any complaints about correspondence received from any individual Doctor, Pharmacy or private carrier please contact us at www.HappyPills/contact.
Security of your information
We follow strict security procedures in the storage and disclosure of information that you have given us. This is to prevent unauthorized access or unlawful processing of your personal information.
HappyPills will only send you e-mails if you ask for more information. We might also use your e-mail address to confirm your Order/request and to respond to any inquiries you make online. We will not pester you if you don't ask for more information!
When you subscribe to our newsletter you can be assured that your personal information and email address will not be sold, exchanged, or in any way shared with third parties. We keep your personal information private, and will only use your email address to send you the newsletters you requested. You can unsubscribe from our newsletter at any time.
If you are under 18, you may use our webshop only with the involvement of a parent or guardian.
HappyPills is not responsible for and accepts no liability for the content or privacy practices of any linked website which is not owned and maintained by HappyPills.
Notification of Changes
The laws of Curacao will govern this agreement and you agree to submit to the jurisdiction of the Curacao courts.
This Agreement contains the entire agreement between you and HappyPills relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. Any use by you of the Site after receipt of notice of amendment to this Agreement shall constitute your agreement to be bound by the terms of the amendment.
Your right to access and use the Site immediately terminates without further notice upon your breach of these Terms & Conditions. We may terminate this Agreement or parts thereof and/or your right to use the Site at any time, with or without cause. We reserve the right to discontinue or make changes to the Site at any time.
All rights stipulated for the benefit of HappyPills in these Terms and Conditions are equally stipulated for the benefit of any agents, intermediaries or third parties used by HappyPills for performance of its obligations under these Terms and Conditions.
Assignment and waiver
HappyPills may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without the prior written permission of HappyPills. You hereby acknowledge and agree that this is a personal based upon the requirements of your medical condition as set forth in the Medical Questionnaire, and you agree that you will not dispense, sell or in any way distribute the products purchased hereunder to any third parties. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by HappyPills of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall be severable, valid, and effect as if such unenforceable provision were not a part hereof.
Except for the obligation to pay monies, neither you or HappyPills shall be liable in any manner for failure or delay in fulfilment of all or part of this Agreement directly or indirectly owing to any causes or circumstances beyond its reasonable control, including, but not limited to, Acts of God.
Paragraph headings are for assistance only and shall not be deemed to be part of this Agreement or construed as varying, modifying, or altering the terms or conditions thereof.