Terms and Conditions

Terms & Conditions of Every Health GmbH, Rosenthaler Straße 13, 10119 Berlin, as of 01.01.2024

1. Every Health

These are the General Terms and Conditions (GTC) of Every Health GmbH. Every Health GmbH is represented by its managing director Dimitri Bilyarchyk. The Terms and Conditions apply to the use of the health platform under the website www.everyhealth.me ("Platform"). This Platform is owned and operated by Every Health GmbH. In these GTC, Every Health GmbH, the Platform is referred to as "Every Health" or "we".

2. Subject matter of the contract and contractual partners

• These GTCs apply to all contracts for non-prescription & pharmacy-only medicines as concluded between you as a customer ("Customer" or "you") and Every Health GmbH via the Platform. The GTCs also apply to your use of our Platform, in particular to the communication with your treating doctor.
• These GTCs also apply as we transmit your offers for the use of medical services (diagnosis, consultation, and treatment) to the relevant doctors ("doctors") and for ordering medicines to pharmacies ("pharmacies").
• Furthermore, the GTCs apply to the assertion of own and assigned claims by Every Health.
• We expressly point out that we do not provide medical services and do not sell prescription and pharmacy-only medicines. Every Health merely provides the platform for this purpose.

3. Conclusion of contract

• A contract with Every Health is not concluded before we send a confirmation of the conclusion of the contract by e-mail. By clicking the order button "[Purchase] and [Submit]" in the last step of the order process concerning the goods and services displayed in the order overview, you submit an offer to conclude a contract with us, the doctors, and pharmacies ("order"). Our partner pharmacy is Leibniz Apotheke in Hanover, Germany. By submitting your order, you release the doctors and pharmacists treating you from their duty of confidentiality for the purpose of transmitting the medical prescription and for the billing by Every Health and agree to the data transmission required for this purpose. This is a prerequisite for the transmission of your contract offers to the doctors and pharmacies. If you do not agree to this, it is not possible to conclude a contract with us, or with the doctors and pharmacies.
• Immediately after sending the order, providing us with further information through the medical assessment, and confirming your e-mail address, you will receive an automatic order confirmation. The confirmation is also the conditional acceptance of your contract offer for the goods to be delivered by us and the services to be provided. The acceptance becomes effective when a doctor accepts your offer to conclude the treatment contract, the doctor treating you draws up a treatment plan and, if necessary, issues a prescription for medication. In this context, please check the spam or junk folder of your e-mail inbox regularly.
• For us to be able to send your contract offers to the doctors and pharmacies, you must complete a medical history questionnaire. After providing us with your information, you have the option of choosing which option you would like to use for the services: "One-time Consultation" or "Prescription".
• If you select the "Prescription" option, your order will be forwarded to doctors for the purpose of one-off treatment. Provided you are issued a prescription, your prescription will be forwarded to you to fulfil at a pharmacy of your choice.
• If you select the "One-time Consultation" option, your order will be sent to doctors for a one-off consultation. If approved by your doctor, you are able to order a prescription for medication that will then be sent to you personally to fulfil at a pharmacy of your choice.
• If you select the "Auto-Refill" option, we will send your order to doctors every four or five months, depending on the selected product size, provided you provide the necessary information. Your doctor will then assess or re-assess your case and issue you an appropriate prescription, if relevant. Your prescription will be forwarded to pharmacies  for monthly manufacture and delivery to you.
• To complete your order, you must enter your delivery address and payment details. The article details, including any costs incurred, will then be summarised again. Up to this point, you can correct your entries or withdraw from the contract. After ordering, you upload additional personal medical information, which we send to doctors.
• We will inform you of the acceptance of your offer to use medical services from doctors at the latest when we provide you with your treatment plan. Medical (remote) consultation and treatment are provided by a doctor. If the pharmacies accept your offer to prepare the prescribed medication, we will send you the declaration of acceptance at the latest with the confirmation of dispatch.

4. Doctors and pharmacies

• Every Health acts exclusively as an intermediary and only mediates services from providers of medical treatment where the medical treatment is provided by licensed doctors. The doctors must guarantee to respond to your treatment requests via the Every Health Platform within a reasonable time, but generally within 24 hours (excluding Saturdays, Sundays, and public holidays). All doctors whose services are provided via the Every Health Platform have comprehensive professional liability insurance.
• Prescriptions for pharmaceuticals are sent to pharmacies that are responsibly managed by a pharmacist authorized and licensed to practice pharmacy in Germany.

5. Registration requirement and user account

• Every Health provides a Platform, which can be accessed via the Internet. In particular, communication with the attending doctor and the provision of the treatment plan takes place via our Platform.
• The customer is responsible for providing all software and hardware required to access the Platform, such as a computer, smartphone, or tablet, an internet connection, and compatible web browser software.
• The use of the services offered by Every Health requires confirmation of your email address via www.everyhealth.me. To do this, you must identify yourself as a user of the Platform by providing your first and last name, legal first and last name, e-mail address, cell phone number, home address, and date of birth. You are solely responsible for the confidentiality of the user account. You must inform Every Health immediately of any suspicion of possible misuse of your account.
• Only natural persons are permitted to register in their own name. The use of our services requires that the customer can effectively conclude the contract, consent to treatment, and the associated data transfer without the involvement of their legal representatives, i.e. that they are at least 16 years of age. Any attempt to register in another person's name will result in immediate exclusion from using the Platform. If it turns out that an account has not been set up by a customer in their own name, all contractual relationships between Every Health and the user end with immediate effect, without this requiring a separate declaration. Every Health reserves the right, at its sole discretion, to terminate or restrict the Customer's access to the Platform at any time and without prior notice or to withdraw the account, in particular any time if Every Health believes that the Customer is in breach of Section 5 of the GTC.
• For the duration of the access granted to them, the Customer is entitled to use the Platform to the extent granted to them. By uploading content (texts or answer selections), the Customer grants Every Health a simple, free, and perpetual right to use the content to use the Platform, as well as the right to sublicense this right. The user account may not be used to store content whose provision, publication, or use violates applicable law or agreements with third parties. The customer must use the Platform in such a way that no impairments, overloads, or damage occur and the purpose pursued with the Platform is neither endangered nor circumvented. Notwithstanding any obligation of Every Health to back up data, the Customer is responsible for entering and maintaining the data and information required to use the Platform.
• Every Health strives for an availability of the agreed services of 99% on an annual average. However, Every Health is not liable to the customer for the accessibility, availability, and functionality of the Platform. We can temporarily limit the availability of our Platform if this is necessary with regard to capacity limits, to carry out maintenance work, or for security reasons.

6. Customer's duty of care

• We would like to point out that you are obliged to answer truthfully and completely all questions asked in the context of the medical history form, any inquiries or otherwise in connection with or for the provision of medical treatment. You must immediately report any changes in your state of health during treatment or within the framework of a treatment plan that are or may be capable of influencing the assessment of the attending doctor.
• For your safety, before using a pharmaceutical product you are obliged to
• check that you have received the correct medicine and that one you have ordered (no wrong delivery);
• check whether the outer packaging and any seal are intact or whether the pack is damaged;
• check the expiration date printed on the pack;
• read the information provided regarding the use of the medication by doctors carefully;
• read the package leaflet carefully.

7. Prerequisite for the provision of treatment services by doctors, rejection of the offer

• For us to submit your offer to doctors, you must complete the medical history form. The medical history form contains various questions about symptoms, previous illnesses, any allergies, and health conditions, as well as any medication you are taking, living conditions, and other information that doctors consider necessary to be able to make a professionally substantiated diagnosis. We would like to point out that the anamnesis form is subject to further development and that different versions may become available over time. Therefore, please check the medical history form carefully each time you fill it out.
• Doctors will make a diagnosis based on the information provided by you and a doctor-patient contact, in which, if necessary, further questions are clarified, and will check, based solely on professional considerations, whether medicines prescribed for you, in particular a personal prescription, are suitable to contribute to the success of your treatment and, if so, will issue a prescription.
• We would like to point out that to ensure your health and safety, doctors may refuse to enter into a contractual relationship, in particular if you suffer from certain illnesses or have symptoms or contraindications that make telemedical treatment appear inappropriate, or if the justifiability of purely remote treatment is not guaranteed or the necessary medical care is not possible as a result.

8. Delivery of pharmacy-only medicines

• Products are shipped by the pharmacies with which your contract for the medicines is concluded. If you have selected the "Prescription" option, a prescription will be delivered to a pharmacy of your choice or to you. We will show you the estimated delivery times before you complete the ordering process.
• The products shown on the Every Health Platform are symbolic photos. The pharmacies will prepare the prescribed medicines individually as a prescription according to the information on the prescription. The pharmacies reserve the right to consult with the attending doctor if, based on their knowledge, there are professional objections to the prescription. If this does not resolve the objections, pharmacies may refrain from providing the medicine. In this case, the pharmacies will not accept your contract offer. You will then be notified.

9. Duration of the contract

The duration of the contract with us is generally based on the duration of the treatment contract with the doctors. In the case of a one-off treatment, there is no automatic contract extension after the first order. Your account with us remains active until you delete it.

10. Costs

• A claim to remuneration arises for treatment and consultation by doctors. The remuneration is independent of any prescription of a medicinal product.
• A purchase price is due for medicines purchased from pharmacies.
• A fee is due for the use of the Platform.
• You will be informed of the costs to be paid by you before completing the order process.

11. Payment processing

• The doctors and pharmacies assign their claims from the contracts with you to Every Health. Based on your declaration of non-disclosure and your consent to the transfer of data when sending your order, we are entitled to charge you for the costs arising from the treatment contract with the doctors and the costs arising from the purchase of the medicines from the pharmacies.
• Several digital payment methods such as credit card and Klarna are available to you. The possible payment methods for the selected product will be displayed in the respective order process.
• Payments are processed by Stripe, except when Klarna is selected as the payment method. After the conclusion of the contract, you will receive a total invoice from us for our claims and the claims assigned by the doctors and pharmacies. The means of payment specified by you will only be debited when the invoice is issued.

In the case of Klarna, you will be offered the Klarna PayLater payment method in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In this case, the payment is made to Klarna. Further information can be found in Klarna's terms of use. Your personal data will be processed by Klarna following the applicable data protection laws and as described in Klarna's privacy policy.

12. Exclusion of liability

• Every Health is liable for damages caused by Every Health or its agents or legal representatives intentionally or through gross negligence.
• Liability of Every Health and its agents or legal representatives for slight negligence is limited as follows, irrespective of its legal basis:
• Every Health is liable in the event of a breach of essential contractual obligations up to the amount of the damage foreseeable and typical for the contract at the time of conclusion of the contract;
• Every Health is not liable for slightly negligent breaches of other obligations.

This does not affect liability for damages resulting from the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.

• The above limitations of liability do not apply to injury to life, limb, and health and liability under the Product Liability Act, in German “Produkthaftungsgesetz”. The above limitations of liability also apply accordingly to liability for futile expenses.

13. Cancelation policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right of withdrawal, you must inform us (Every Health GmbH, Rosenthaler Straße 13, 10119 Berlin, hi@everyhealth.me of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notice of withdrawal before the withdrawal period has expired.

Consequences of cancelation

If you withdraw from this contract, we shall reimburse you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract.

Every Health GmbH

c/o returns Rosenthaler Street 13

10119 Berlin

or to the pharmacies.

The deadline is met if you send the goods before the period of fourteen days has expired.You bear the costs of the return shipment.You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

End of the cancelation policy

Cancelation template

(If you want to cancel the contract, please fill out this form and send it back to us)

To Every Health GmbH, Rosenthaler Straße 13, 10119 Berlin, hi@everyhealth.me

I/we (…) hereby cancel the contract concluded by me/us (…) for the purchase of the following goods ()/the provision of the following service (…)

Ordered on (…) / received on (…)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

• We also expressly point out that the right of withdrawal may expire prematurely in the case of:
• Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• Contracts for the provision of services, the service has been fully provided and the performance of the service has only begun after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur.
• By submitting your contract offer, you give your express consent for us and the cooperation partners and pharmacies to begin providing the services before the withdrawal period has expired. You are aware that your right of withdrawal expires as soon as the respective service has been provided.

14. Data protection

• We comply with the statutory provisions on data protection and process personal data only insofar as we can base the processing on a legal basis or order processing.
• By placing your order, you release the cooperation partner from their duty of confidentiality for the purpose of transmitting the medical prescription and billing by Every Health and consent to the data processing required for this purpose.
• Details on the processing of personal data in connection with services offered by Every Health can be found in the current data protection declaration.

15. Final provisions

• The business relationship between you and Every Health GmbH in connection with the use of the Platform is governed exclusively by German law. The place of jurisdiction is the registered office of Every Health GmbH.
• The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
• We have decided not to participate in dispute resolution proceedings at a consumer arbitration board. This information is provided following § 36 VSBG.

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