Legal
Terms and conditions
TERMS AND CONDITIONS
Last updated: 21 August 2023
These Terms of Use and Terms of Sale ("Terms") are important, so please read them carefully. They apply when you use our websites at www.getwellis.com ("Website") and/or obtain Services (defined below) via the Website.
By continuing to use the Website and/or obtain Services from the Website, you confirm that you accept these Terms and agree to comply with them. If you do not accept these Terms, you may not use our Website or obtain Services from our Website.
We may change these Terms and Conditions from time to time, so you should check regularly whether anything has changed. The changes take effect from the next time you visit the Website.
WHO WE ARE, WHAT WE DO AND HOW YOU CAN CONTACT US
We are Amelio Health BV, incorporated and registered in Belgium under company number 0792.547.606 ("Wellis", "we", "our" or "us"). Our head office is at Hoogstraat 42, 2861 Onze-Lieve-Vrouw-Waver, Belgium. Our VAT number is BE0792.547.606.
Via our Website we offer a platform that allows users to create a user account ("Account") and to do the following ("Services"):
Access to online consultations with doctors for certain medical conditions ("Consultations");
If prescribed by the online doctor after the consultation, facilitating the purchase of certain prescription medicines on a subscription basis from external service providers ("Prescription products"); and
Purchase of certain other non-prescription products that we make available from time to time on the Website ("Non-prescription products", and together with the Products without prescription, "Products").
A description of how you can order Services, how we deliver the Services, what you must do if there is a problem and other important information relating to the Services is set out below under Service terms. The Service terms apply when you create an account with us and/or use the Website to seek Services.
If you have questions about anything in these Terms and Conditions or if you have technical problems or wish to submit a complaint, please contact us via support@getwellis.com.
WEBSITE TERMS OF USE
YOUR RIGHTS AND RESTRICTIONS
1. This Website is for personal and non-commercial use only.
2. The material on our Website is aimed exclusively at consumers over 18 years of age who reside in Europe.
3. When you use the Website and your Account, you agree not to:
attempt to undermine the security or integrity of the Website, Wellis's computer systems or networks or, if the Services or Website are hosted by a third party, that third party's computer systems and networks. The company will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;
use or misuse the Services or Website in a manner that may impair the functionality of the Services or Website, or other systems used to deliver the Services or Website, or impair another user's ability to use the Services or Website;
attempt to gain unauthorised access to materials other than those you have been expressly permitted to access, or to the computer system on which the Services or Website are hosted;
not transmit files or data to, or enter into the Services or Website, that may damage other people's computer equipment or software, content that may be offensive, or material or data that contravene any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
create links to the Website unless we give you prior written permission to do so;
copy any part of the Website;
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer computer programs used to deliver the Services or operate the Website, except to the extent strictly necessary to use either for normal use and except to the extent permitted by law;
not impersonate another person while using the Website;
not behave in a vulgar, abusive, intimidating or offensive manner while using the Website; or
use the Website for unlawful purposes.
4. If you use means of communication available via the Website (such as a forum, questionnaire or message centre), you agree to use such means of communication only for your own household purposes and in accordance with the law. You may not use such means of communication to post or distribute material unrelated to the Website or for advertising or marketing purposes.
5. When you communicate on the Website, you represent that you are authorised to make such communication. All communication should be conducted in a courteous manner. We are not obliged to ensure that communication on the Website is legitimate or that it relates only to the use of the Services.
6. You may have other rights conferred by law, and these Terms do not affect those rights, except where the two conflict. If that is the case, these Terms prevail over any other rights you may have, unless this is not permitted by law.
YOUR PERSONAL DATA
We take our responsibility for the care of your personal data very seriously. Please consult the Privacy policy for information on how we process your personal data.
RIGHTS AND OBLIGATIONS OF WELLIS
We may change, adapt, modify or remove the functionality or content of the Website in whole or in part at any time.
You agree that we are free to use any comments, information or ideas in the communications you send us without compensation, acknowledgement or payment to you for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website, Services, Products or other products or services.
We and/or our licensors are the owners of the Website and all intellectual property rights in the Website, including (but not limited to) all software, applications and domains made available via the Website, and the content (with the exception of the personal information of you and other users in your and their accounts), video, audio, images, logos, icons and service names that appear on the Website. You have no rights in such intellectual property except as expressly set out in these Terms.
SERVICE TERMS
These Service terms, which form part of these Terms and Conditions, apply when you create an Account and/or obtain Services from us. When you create an Account with us and click "Sign up" or "Continue", these Service terms become a contract between you and us. As discussed below, your contract for the purchase of prescription medicines is however with the pharmacy (defined below) rather than with us.
We are legally required to deliver Services that conform to their description on the Website and these Service terms.
You may terminate these Service terms at any time by contacting our customer service at support@getwellis.com. If you do so, you will no longer have access to your account or the information in your account and you will no longer be able to obtain services.
USER ACCOUNTS
To access the Services we make available on the Website and to use certain features and parts of the Website, you must first create an Account with a username and password. We recommend that you use "strong" passwords (passwords with a combination of uppercase, lowercase, numbers and symbols) for your Account.
You may only register for and use the Services via our Website if you are at least eighteen (18) years old, reside in Europe and are able in the country where you live to enter into a legally binding agreement for the use of the Services and the purchase of Products. For safety reasons you may only purchase Prescription products if you are between 18 and 65 years old.
You must ensure that your username and password are kept secure and confidential. It is solely your responsibility to monitor and control access to and use of your account. You are responsible for all activities that take place under your Account. If you are concerned about misuse of your account, you can contact us via support@getwellis.com.
To access the Services, you must provide all data we request during the registration process, including valid contact details and a valid payment method as permitted on the Website. We rely on you to provide accurate and complete information in order to deliver the Services, so please make sure you answer our questions accurately and completely. You are responsible for ensuring that all information you provide to us during the registration process and thereafter is accurate, complete and up to date.
We may at any time after you have registered an account with us contact you to verify your identity and request additional documentation we need for that purpose, as permitted by applicable law.
You may make copies of your information in your Account in any format for personal use, and in doing so you may copy reasonable portions of the Website and the material and content of the Website and your Account.
We may suspend access to your Account or terminate your Account at any time and for any reason. We will let you know as soon as possible if we suspend or terminate your account.
ORDERING
Via our Website you can submit order requests for Consultations, Prescription products and Non-prescription products. You must first create an Account as described above in order to submit an order request. To submit an order request for a prescription product, you must complete a medical intake form for review by a doctor. Certain Non-prescription products are pharmacy medicines and can only be purchased if they have been approved by the pharmacist ("P-medicines"). To submit an order request for a P-med, you must complete a questionnaire for review by a pharmacist.
Our Website is intended solely for the promotion of our Services and Products in Europe. Unfortunately we do not accept orders from or deliver to addresses outside Europe.
We send you an email with the reference number of your order. The reference number is also visible when you log in to your account. It helps us if you can give us this reference number when you contact us about your order. When you receive an order confirmation for a non-prescription item, you have entered into a contract with us for the purchase of the non-prescription item.
If your order request contains a P-med, your order is only confirmed once the pharmacy approves the order. We send you a confirmation email when the pharmacy has approved your order.
If your order request contains a prescription product, your order is only confirmed once you receive a prescription and the pharmacy approves the order. We send you a confirmation email when the pharmacy has approved your order. We help you purchase the prescription product from the pharmacy, but we are neither the buyer nor the seller of the prescription product. When you receive the order confirmation email, you have also entered into a contract with the pharmacy on the applicable pharmacy terms below.
When you click "Confirm order", payment for your full order is taken, including payment for the P-med and the prescription product included in the order request. If you are not approved for the P-med or the prescription product, your payment, less any consultation fees charged, is refunded to you.
You acknowledge that all Products you purchase via our Website are for personal use only.
When we contact you, we do so by telephone (including SMS) or in writing at your email address or postal address using the contact details you provided with your Order. You must keep your contact details up to date in your Account so that we can contact you about your order if necessary.
If you change your mind about a Product you have ordered, you may be able to return the Product in accordance with our Cancellation, Refund and Returns Policy (see below).
PHARMACY TERMS FOR PRESCRIPTION PRODUCTS
If you receive a prescription for a Prescription medicine, you purchase the Prescription medicine from one of our partner pharmacies ("Pharmacy"). The pharmacy's general terms of sale (linked below) apply to your purchase of a prescription medicine from the pharmacy. Your contract for the purchase of Prescription products is between you and the pharmacy. We are not a party to that contract and have no responsibility arising from or relating to that contract. We are not an agent for the pharmacy. The pharmacy is responsible to you for the sale and delivery of the prescription medicines and for handling any claims or other issues with the prescription medicines.
If you have received a prescription via our Website, or if you purchase a Prescription product, you purchase your Prescription product from Wellis Pharmacy (incorporated and registered in the Netherlands under kvk number 89437284, with registered office at Industrieweg 5, 5527 AJ, Hapert, Netherlands with M.A. Aoussar, BIG 69918154917, as established pharmacist, +32488448999). The Terms of Wellis Pharmacy apply to your purchase.
CONSULTATIONS
To be eligible to purchase a Prescription product via our Website, you must first complete a Consultation. Consultations are carried out by independent, licensed prescribers who are registered in the Netherlands with the Registratiecommissie Geneeskundig Specialisten (RGS) (each, a "Doctor"). The doctors are responsible for assessing your treatments and issuing prescriptions for you, if they consider this appropriate in their judgement, and are responsible for all diagnoses they make and for the prescriptions they issue.
To facilitate the consultation, you must complete a medical intake form during the online ordering process. The medical intake form contains information about you, such as which medicines you use and your health and medical history. We send this information to the practitioner for assessment of the suitability of the prescription medicine you selected. The practitioner relies on the information you provide, so please make sure you answer the questions truthfully and accurately. The practitioner may ask you a number of follow-up questions, which you must answer in order to proceed with your order. The practitioner may at their discretion issue a prescription for you. If they do not issue a prescription, you are not eligible to purchase the Prescription product via our Website. As stated above, if you receive a prescription, you purchase the Prescription product directly from the pharmacy. We will help you with the purchase.
TAKING OUT, CANCELLING AND RENEWING SUBSCRIPTIONS
Certain Products available via our Website are offered only via a subscription. When you submit an order request for one of these Products, you are signed up for a subscription. We will let you know during the online ordering process whether you are submitting an order request for a one-off purchase or for a subscription. We offer different subscription forms depending on the Product you want to buy. You can choose your subscription period ("Subscription period") during the online ordering process.
We take payment using the payment details in your Account on or around the same date of your Subscription period, from the date of your first order request.
Your subscription continues until you cancel it. You can cancel your subscription at any time during your subscription by sending an email to support@getwellis.com. If you cancel or pause your subscription within 48 hours before your next billing date, we will still take payment for your next product shipment.
To keep your subscription active and continue receiving Prescription products, you must renew your prescription every twelve months from the date of the prescription. To renew your prescription, you must complete a follow-up consultation, via your account dashboard or by responding to an email request from a practitioner. You will receive an email when you need to renew your prescription.
You can find specific details of your subscriptions by logging in to your account.
We may terminate or pause your subscription if:
You have not renewed your prescription in accordance with these Service terms within twelve months of the date on which your prescription was issued;
Your payment details or contact details are out of date/expired;
You have not confirmed that the information in our file about your health and medication is still correct (or updated your data if a change has occurred) within the requested period;
Your account has been terminated or suspended;
The prescription product is not available/in stock;
We cannot authorise your payment for any reason; or
An error has been made in the pricing or description of the Services.
PAYMENTS
1. All prices stated on the Website are in euros and include value added tax (if applicable) and any other taxes payable in the United Kingdom. The price of the Consultations and Products is the price displayed on the page on which your order is shown when you have clicked "Confirm order". We take all reasonable care to ensure that the displayed prices are correct. Prices may change from time to time, but changes do not affect orders we have accepted.
2. You may pay:
with your credit card or debit card as indicated on the Website; or
with the e-wallets or e-money accepted from time to time on the Website.
3. You must enter the payment method and details you have chosen when you create your account. By completing your payment details, you confirm that the payment method used is yours.
4. All payments are subject to the approval of the financial institution that issued your credit/debit card and credit verification or the e-money provider or an e-wallet, and we are not responsible if the payment does not pass credit verification or if such a financial institution or provider refuses to accept or execute the payment for any reason. We may also report suspicious transactions to the relevant authorities. We may refuse to accept or receive a payment without giving a reason. Please note that it may take 2 to 3 days (excluding weekends and public holidays) to process your payment. We will let you know if we have problems obtaining approval for the payment. This may lead to delay in the delivery of the Products to you and we cannot process your payment and cannot deliver the Consultation or the Products until we have received approval.
5. If we fail to debit your debit or credit card and we still have not received payment within 7 days after we have informed you of this, we may (without liability to you) suspend or temporarily make impossible your access to the Service in whole or in part and we are not obliged to deliver the Service (or any part of it) for as long as the relevant payment(s) remain unpaid. This does not affect other rights and remedies available to us.
6. The payments you make include our fee for the Services and the price of the Consultations and Products and we will collect the relevant payment on behalf of the Pharmacy.
DELIVERY
Delivery of the Products only takes place if your order request has been approved and payment for the relevant Product has been processed. Delivery of Prescription products is subject to the applicable Pharmacy terms as described above.
Shipping costs are shown to you on our Website.
We and the pharmacy are not responsible for delays beyond our control. If our delivery of the product is delayed by an event beyond our or the pharmacy's control, we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided we do this, neither we nor the pharmacy will be liable for delays caused by the event, but if there is a risk of substantial delay, you can contact us to terminate the contract and receive a refund for Products you have paid for but have not received.
If no one is available at your address to receive the Product when it is delivered, and the Product cannot be posted through your letterbox, the delivery company used to carry out deliveries may leave a note with information on how you can rearrange delivery.
PRODUCT AVAILABILITY
1. All orders for Products depend on the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if the Products you ordered are unavailable or delayed for any reason.
2. If we cannot deliver a Product to you, for example because the manufacturer does not have it in stock or due to an error in the price, we will notify you by email and will not process your order. If we have already processed your payment, we will refund you the full amount as soon as possible.
3. We or the pharmacy may need to suspend delivery of the product to you in order to:
resolve technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by you or as notified by us to you.
4. We will contact you in advance to tell you that we or the pharmacy will suspend delivery of the product, unless the problem is urgent or an emergency. If we have to suspend delivery of the product for more than one month, we will adjust the price so that you do not pay for products that are not delivered to you. You can contact us to terminate the contract for a Product if we suspend it, or tell you that we are going to suspend it, in each case for a period of more than one month, and we will refund you all amounts you have paid in advance for the Product in respect of the period after you have terminated the contract.
5. We may also suspend delivery of the Products if you do not pay. If you do not pay us for the Products at the time you must pay them and you still do not pay within 10 days after we have reminded you that payment is required, we may suspend delivery of the Products until you have paid us the outstanding amounts. We will contact you to tell you that we are suspending delivery of the Products. We will not suspend delivery of the Products when you dispute the unpaid invoice. We will not charge you for the Products during the period that delivery is suspended. In addition to suspending delivery of the Products we may also charge you interest on your overdue payments.
CANCELLATION, REFUND AND RETURNS POLICY
RETURNS POLICY
We hope you will be satisfied with everything you have purchased from us, but if you are not satisfied with your Products, you may be able to return them to us in accordance with the returns policy described in this paragraph.
Non-prescription products: you have the legal right to cancel the agreement between you and us for non-prescription products within 14 days of delivery without giving a reason. To cancel the agreement, send an email before the end of the cancellation period to support@getwellis.com, with your name, address and details of the order you wish to cancel. If you cancel your contract, you must return the freely available product to the pharmacy within 14 days after you have notified us that you wish to cancel the contract. You are responsible for the costs of returning the product to the pharmacy at the address included with the delivery.
Prescription products: For health and safety reasons we cannot accept returns of prescription products.
YOUR RIGHT TO CANCEL
We and the pharmacy are legally required to deliver products that conform to this contract. The products must be as described, fit for purpose and of satisfactory quality. Certain exceptions apply to these rights. For more information visit the Citizens Advice website at www.adviceguide.org.uk or call 03444 111 444.
1. If you terminate a contract for a reason set out below, the contract is terminated immediately and we will refund you the full amount for Products that have not been delivered and you may also be entitled to compensation. The reasons are:
we have informed you of an upcoming change to the Product you have purchased or to these Terms and Conditions with which you do not agree;
we have informed you of an error in the price or description of the Product you have ordered and you do not wish to proceed;
there is a risk that delivery of the Product will be substantially delayed (by more than one month) by events beyond our control;
we have suspended delivery of the Product you have ordered for technical reasons, or we inform you that we are going to suspend it for technical reasons, in each case for a period of more than one month; or
you have the legal right to terminate the contract because of something we have done wrong.
2. If you terminate the contract after the Products have been delivered to you, you must return them to us or arrange for them to be collected. Send an email to support@getwellis.com for more information on returning defective, damaged or incorrectly described Products.
3. If the product turns out to be defective or faulty or does not match the description, or if you cancel your contract because of something we have done, or the pharmacy has done, or is going to do, we will pay the postage costs for your return.
4. We will refund you via the payment method you used to pay for the Products.
5. If you are entitled to a refund, we may withhold the refund until the pharmacy has received the products back or you have provided proof that you have returned the products, whichever happens first. We may also withhold an amount from the refund you are entitled to for loss of value of the products we delivered if this was caused by you treating the products in a way that is not permitted in a shop. If we refund you the price paid before we can inspect the Products and later discover that you have treated the Products in an unacceptable way, you must pay us an appropriate amount.
OUR RIGHT TO CANCEL
We may cancel your order and/or subscription if you notify us of side effects of the Product. In such circumstances we will stop delivery of the Product to you, or we will require the pharmacy to stop delivery of the Product to you, and if you have a subscription we will refund you all advance payments for the Product for the period after termination of the contract.
YOUR RESPONSIBILITIES
You are responsible for the information you give us about yourself, your health and your medication. You are responsible for letting us know if there are changes to this information and for keeping this information up to date. In particular you must notify us of changes to your health, your medication and your delivery address. You promise that this information is correct and acknowledge that if you do not provide correct and up-to-date information, you may seriously endanger your health. You can update your information by logging in to your account.
You must read the patient information leaflet and follow the clinical directions supplied with each product before you use it.
You are responsible for reporting to your doctors that you use Products.
You agree that you will order and use the Website, the Services and the Products only for your own personal use. We do not offer the Website or the Services for use or ordering of Consultations or Products on behalf of other persons, including partners or other family members.
Our right to make changes to these Service terms
We may make changes to these Service terms, but if we do so we will notify you of the changes at least 10 working days in advance and you can then contact us to cancel your subscription before the changes take effect and receive a refund for Services or Products paid for but not received.
OTHER IMPORTANT TERMS
COMPLAINTS AND CUSTOMER SERVICE
If you are not satisfied with our service to you, the Products or other matters, please contact us as soon as possible via: support@getwellis.com.
When your complaint relates to the supply and delivery of the prescription medicines or is medical in nature, we may refer your question to the pharmacy.
We try to resolve any disputes with you quickly and efficiently. If you and we cannot resolve a dispute via our internal complaints handling procedure, we will:
let you know that we cannot resolve the dispute with you; and
give you certain legally required information about our alternative dispute resolution.
OUR LIABILITY TO YOU
1. We are only liable to you for losses you suffer as a direct result of our breach of these Terms and Conditions and that are reasonably foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you accepted the terms and conditions, both we and you knew that it could happen.
2. The maximum loss or damage for which we are responsible under these terms and conditions is limited to the price you have paid us for the product to which the loss or damage you have suffered relates; however we do not in any way exclude or limit our liability where it would be unlawful for us to do so, including for:
death or personal injury caused by our negligence;
fraud or a fraudulent misrepresentation; or
any breach of legally implied terms (such as those relating to title and quiet possession, description, satisfactory quality, fitness for purpose and samples and products with defects), except to the extent that such terms can be excluded under applicable law.
3. The pharmacy is responsible for loss or damage you suffer as a result of the pharmacy's breach of its contract with you for the sale of prescription medicines.
4. The doctors are responsible for assessing your treatments and issuing prescriptions for you, and are responsible for all diagnoses they make and for the prescriptions they issue.
DISCLAIMERS
Except as set out in these Terms, the Website, the Services and all products supplied via the Website are provided on an "
as is" and "as available" basis.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE SERVICES, THE PRODUCTS OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN OR REFERRED TO ON THE WEBSITE. TO THE EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, PRODUCTS AND SERVICES COVERED BY THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We do our best to ensure that the information accessible via the Website and/or the Services is accurate and up to date, but cannot guarantee that this will always be the case.
The information and content on the Website is not medical advice and is not intended to replace medical advice, diagnosis or treatment.
We are not liable for loss or damage that may arise from the use of the information or content on the Website.
Our Website facilitates a consultation between you and a registered healthcare professional for the purpose of diagnosing and treating erectile dysfunction or hair loss. It does not replace the need to visit your general practitioner regularly.
We strive to make the Website and the Services available to you at all times, but sometimes they may be unavailable due to maintenance or factors beyond our control, such as the internet.
We follow industry standards and processes to prevent the introduction of viruses, malware and malicious attacks that may damage the Website or the device you use to access the Website, but we cannot guarantee that the application is completely free of viruses and malware.
We do not guarantee that the Website is compatible with all hardware and software you may use.
The Website may contain links to third-party websites or programmes that are not controlled by us. We are not responsible for the content, terms, offers or privacy policy of such sites and programmes. Your transactions with third-party sites are solely between you and the relevant third party and you should read their terms and policies before using them.
GENERAL
These Terms and Conditions and all communication between you and us take place in English. No other languages apply to these Terms and Conditions.
You may not transfer your rights under these Terms to another person.
We may transfer all our rights under these Terms and Conditions to a person or ask a person to perform an aspect of these Terms and Conditions, as long as the performance of these Terms and Conditions is not affected.
Only you and we have rights under these Terms. No other person has rights under these Terms.
Each of the paragraphs of these Terms operates separately. If a court or relevant authority decides that any of them is unlawful, the remaining paragraphs remain in full force.
Even if we enforce these Terms and Conditions late, we can still enforce them later. For example, if you miss a payment and we do not chase you, but we continue to deliver the Services, we can still require you to make the payment at a later date.
These Terms and Conditions are governed by Dutch law and you may bring legal proceedings relating to these Terms and Conditions and/or the provision of services by us in the Dutch courts.
If you have a dispute with us relating to our contract with you, please first contact us via support@getwellis.com and try to resolve the dispute with us informally. In the unlikely event that we cannot resolve the dispute informally, we will discuss with you the most effective way to resolve the dispute through mediation or arbitration based on the nature of the dispute.