General terms and conditions

Last updated: August 21, 2023

GENERAL TERMS AND CONDITIONS

Last updated: August 21, 2023

These Terms of Use and Terms of Sale (”Requirements“) are important, so please read them carefully. They apply when you visit our websites at www.getwellis.com (”Website“) uses and/or obtains Services (defined below) via the Website.

By continuing to use the Website and/or obtaining Services from the Website, you confirm that you accept and agree to comply with these Terms. If you do not accept these Terms, you must not use our Website or purchase Services from our Website.

We may change these Terms and Conditions from time to time, so you should check back periodically to see if anything has changed. The changes will take effect the next time you visit the Website.

WHO WE ARE, WHAT WE DO AND HOW TO CONTACT US

We are Amelio Health BV, founded and registered in Belgium under company number 0792.547.606 (”Wellis“,”we“,”our“or”us“). Our head office is located at Hoogstraat 42, 2861 Onze-Lieve-Vrouw-Waver, Belgium. Our VAT number is BE0792.547.606.

Through our Website, we provide a platform that allows users to have a user account (”Account“) can create and do the following (”services“):

Access to online doctor consultations for certain medical conditions (”Consultations“);
If prescribed by the online doctor after the consultation, facilitating the purchase of certain prescription drugs on a subscription basis from external service providers (”Prescription products“); and
Purchase of certain other non-prescription products that are made available by us on the Website from time to time (”Non-prescription products“, and together with the Products without recipe,”Products“).

A description of how to order Services, how we provide the Services, what to do if there is a problem, and other important information related to the Services is set out below under Terms of Service. The Terms of Service apply when you create an account with us and/or use the Website to search for Services.

If you have any questions about anything in these Terms and Conditions, or if you have technical issues or want to make a complaint, please contact us at support@getwellis.com.

WEBSITE TERMS OF USE

YOUR RIGHTS AND RESTRICTIONS

1. This Website is for personal, 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, Hims'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. Company will report any security breach to relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;
use or misuse the Services or Website in any way that may impair the functionality of the Services or Website, or other systems used to provide the Services or Website, or impair another user's ability to use the Services or Website;
attempting to gain unauthorized access to materials other than those for which you have been explicitly authorized to access or to the computer system that hosts the Services or Website;
do not send or enter into the Services or Website any files or data that could damage other people's computer equipment or software, content that may be offensive, or material or data that violates any law (including information or other material protected by copyright or trade secrets that you do not have the right to use);
to create links to the Website, unless we give you prior written permission;
copy any part of the Website;
attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer computer programs used to provide the Services or operate the Website, except as strictly necessary to use either for normal use and except as permitted by law;
do not impersonate another person while using the Website;
acts in a vulgar, abusive, harassing, or offensive manner while using the Website; or
use the Website for unlawful purposes.

4. If you use communication tools available via the Website (such as a forum, questionnaire, or message center), 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 Site or for advertising or marketing purposes.

5. When you communicate on the Website, you represent that you are authorized to make such communications. All communication must be conducted in a courteous manner. We are not obliged to ensure that the communication on the Website is legitimate or that it relates only to the use of the Services.

6. You may have other rights granted by law, and these Terms do not affect those rights unless the two conflict. If so, these Terms supersede any other rights you may have unless otherwise permitted by law.

YOUR PERSONAL INFORMATION

We take our responsibility for caring for your personal information very seriously. Consult it Privacy Policy for information about how we process your personal information.

WELLIS RIGHTS AND OBLIGATIONS

We may change, modify, change or remove all or part of the Website's functionality or content at any time.
You agree that we are free to use any comments, information, or ideas contained in the communications you send to us without compensation, acknowledgment, or payment to you for any purpose, 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 own the Website and all intellectual property rights in the Website, including (but not limited to) all software, applications, and domains made available through the Site, and the content (excluding 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 Site. You have no rights to such intellectual property except as expressly set out in these Terms.

TERMS OF SERVICE

These Terms of Service, which form part of these Terms and Conditions, apply when you create an Account and/or purchase Services from us. When you create an Account with us and click “Sign In” or “Continue”, these Terms of Service become a contract between you and us. However, as discussed below, your contract to purchase prescription drugs is with the pharmacy (defined below) rather than with us.

We are required by law to provide Services that are consistent with their description on the Website and these Terms of Service.

You can terminate these Terms of Service at any time by contacting our customer service team at support@getwellis.com. If you do this, you will no longer be able to access your account or the information in your account, and you will no longer be able to obtain services.

USER ACCOUNTS

To access the Services provided by us 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 upper, lower case letters, numbers, and symbols) for your Account.
You can only register for and use the Services via our Site if you are at least eighteen (18) years of age, reside in Europe and are able to enter into a legally binding agreement to use the Services and purchase Products in your country of residence. For safety reasons, you can 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 occur under your Account. If you are concerned about abuse of your account, please contact us at support@getwellis.com.
To access the Services, you must provide all information that we request during the registration process, including valid contact details and a valid payment method as allowed on the Site. We rely on you to provide accurate and complete information in order to provide the Services, so please ensure that 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 contact you at any time after you register an account with us to verify your identity and request additional documentation that 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 make copies of reasonable portions of the Site and the materials and content of the Site and your Account.
We may suspend access to your Account or terminate your Account at any time and for any reason. We'll let you know as soon as we suspend or terminate your account.

ORDER

Through our Website, you can submit order requests for Consultations, Prescription Products and Non-Prescription Products. You must first create an Account as described above 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 approved by the pharmacist (”P drugs“). To submit an order request for a P-med, you must complete a questionnaire for review by a pharmacist.
Our Website is solely intended to promote our Services and Products in Europe. Unfortunately, we do not accept orders from or deliver to addresses outside Europe.
We'll send you an email with your order reference number. The reference number is also visible when you log into 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 to purchase the item without a prescription.
If your order request includes a P-med, your order will not be confirmed until the pharmacy approves the order. We'll send you a confirmation email when the pharmacy approves your order.
If your order request includes a prescription product, your order will not be confirmed until you receive a prescription and the pharmacy approves the order. We'll send you a confirmation email when the pharmacy approves your order. We will 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 concluded a contract with the pharmacy on the applicable pharmacy terms below.
When you click “Confirm Order”, payment for your entire order is included, including payment for the P-med and prescription product included in the order request. If you are not approved for the P-med or prescription product, your payment, less the consultation fee, will be reimbursed to you.
You acknowledge that all Products that you purchase through our Website are for personal use only.
When we contact you, we will do so by phone (including text message) or in writing to your email address or postal address using the contact details you provided with your Order. You must keep your contact information 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've ordered, you may be able to return the Product in accordance with our Cancellation, Refund, and Return Policy (see below).

PHARMACY TERMS FOR PRESCRIPTION PRODUCTS

If you receive a prescription for a prescription medicine, purchase the Prescription medicine from one of our partner pharmacies (”Pharmacy“). The pharmacy's general terms and conditions of sale (linked below) apply to your purchase of a prescription medicine from the pharmacy. Your contract to purchase prescription products is between you and the pharmacy. We are not a party to that contract and have no responsibility arising out of or related to that contract. We are not a pharmacy agent. The pharmacy is responsible to you for selling and delivering the prescription medicines and for dealing with 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 are purchasing your Prescription Product from Wellis Pharmacy (established and registered in the Netherlands under Chamber of Commerce number 89437284, with the registered office at Industrieweg 5, 5527 AJ, Hapert, Netherlands with René L. Groenewegen, BIG 19027621217, as an established pharmacist, +32488448999). The Wellis Pharmacy Terms and Conditions are applicable to your purchase.

CONSULTATIONS

To be eligible to purchase a Prescription Product via our Website, you must first complete a Consultation. Consultations are conducted by independent, licensed prescribers who are registered in the Netherlands with the Registration Committee for Medical Specialists (RGS) (each, a “Physician”). Doctors are responsible for reviewing your treatments and writing prescriptions for you, if they deem it appropriate, and are responsible for all diagnoses they make and prescriptions issued.

To facilitate the consultation, you must complete a medical intake form during the online ordering process. The medical intake form includes information about yourself, such as what medications you are taking and your health and medical history. We will send this information to the healthcare provider to assess the suitability of the prescription medicine you have selected. The practitioner trusts the information you provide, so make sure you answer the questions truthfully and accurately. The therapist can ask you a number of follow-up questions, which you must answer in order to proceed with your order. The therapist can write a prescription for you at their own discretion. If he/she does not issue a prescription, you are not eligible to purchase the Prescription Product via our Website. As mentioned above, if you get a prescription, buy the Prescription product directly from the pharmacy. We will help you with the purchase.

CLOSE, CANCEL AND RENEW SUBSCRIPTIONS

Certain Products available via our Website are offered by subscription only. When you submit an order request for one of these Products, you are signed up for a subscription. During the online ordering process, we'll let you know whether you're submitting an order request for a one-off purchase or a subscription. We offer different subscription options depending on the Product you want to purchase. You can change your subscription period (”Subscription period”) choose during the online ordering process.
We will make payment using the payment information in your Account on or around the same date of your Subscription Period, starting from the date of your first order request.
Your subscription will continue 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 interrupt your subscription within 48 hours before your next billing date, we will still receive payment for your next product shipment.
To keep your subscription active and to continue receiving Prescription Products, you must renew your prescription every 12 months from the date of the prescription. To renew your prescription, you must complete a follow-up consultation, either via your account dashboard or by responding to an email request from a therapist. You'll receive an email when you need to renew your prescription.
You can find specific details of your subscriptions by logging into your account.
We may terminate or interrupt your subscription if:

You did not renew your prescription in accordance with these Terms of Service within 12 months of the date your prescription was issued;
Your payment information or contact details are out of date/expired;
You have not confirmed that the information in our database about your health and medication is still accurate (or your information updated if there is a change) within the requested time period;
Your account has been terminated or suspended;
The prescription product is unavailable/in stock;
For any reason, we are unable to authorize your payment; or
There was an error in the pricing or description of the Services.

PAYMENTS

1. All prices listed on the Website are in Euro 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 indicated on the page where your order appears when you click “Confirm Order”. We take all reasonable care to ensure that the prices displayed are accurate. Prices may change from time to time, but changes will not affect orders that we have accepted.

2. You can pay:

with your credit or debit card as indicated on the Website; or
with the e-wallets or e-money that is accepted from time to time on the Website.

3. You must enter your chosen payment method and information when you create your account. By entering your payment details, you confirm that the payment method used is yours.

4. All payments are subject to approval by the financial institution that issued your credit/debit card and credit verification or the e-money provider or e-wallet, and we are not responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or make payment for any reason. We can also report suspicious transactions to the relevant authorities. We may refuse to accept or receive payment without giving a reason. Please note that it may take 2 to 3 days (excluding weekends and holidays) to process your payment. We'll let you know if we have trouble getting payment approval. This may result in a delay in delivering the Products to you and we will not be able to process your payment or deliver the Consultation or Products until we receive approval.

5. If we are unable to charge your debit or credit card and we still have not received payment within 7 days of informing you, we may (without responsibility to you) suspend or temporarily disable all or part of your access to the Service and we are not obliged to provide the Service (or any part of it) as long as such 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 Pharmacy.

DELIVERY

Delivery of the Products will only take place if your order request has been approved and payment for the relevant Product has been processed. The delivery of the Prescription Products is subject to the applicable Pharmacy Terms as described above.
The shipping costs are shown to you on our Website.
We and the pharmacy are not responsible for delays over which we have no control. If our delivery of the product is delayed due to 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 minimize the effect of the delay. Provided that we do so, neither we nor the pharmacy will be liable for delays caused by the event, but if there is a risk of significant delay, you may contact us to terminate the contract and receive a refund for Products you paid for but did not receive.
If no one is available at your address to receive the Product when it is delivered, and the Product cannot be posted through your mailbox, the delivery company used to make deliveries may leave a note with information on how to reschedule delivery.

PRODUCT AVAILABILITY

1. All orders for Products are subject to the availability of these Products and the materials used to make 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 are unable to deliver a Product to you, for example because the manufacturer does not have it in stock or due to an error in pricing, we will notify you by email and will not process your order. If we've already processed your payment, we'll 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 issues 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 notified to you by us.

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 urgent. 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 may contact us to terminate the contract for a Product if we suspend it, or tell you that we are going to suspend it, at least for a period of more than one month, and we will refund any amounts you have paid in advance for the Product for the period after you terminate the contract.

5. We can also suspend delivery of the Products if you do not pay. If you do not pay us for the Products at the time you have to pay for them and you still fail to pay within 10 days of us reminding you that payment is required, we may suspend delivery of the Products until you have paid the outstanding amounts to us. We will contact you to tell you that we are suspending delivery of the Products. We will not suspend delivery of the Products if 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 arrears.

CANCELLATION, REFUND AND RETURN POLICY

RETURN POLICY

We hope you'll be happy with everything you've purchased from us, but if you're not happy with your Products, you may be able to return them to us in accordance with the return policy described in this section.

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 information about the order you want to cancel. If you cancel your contract, you must return the over-the-counter product to the pharmacy within 14 days of telling us that you want to cancel the contract. You are responsible for the cost of returning the product to the pharmacy at the address included in delivery.
Prescription products: For health and safety reasons, we are unable to return prescription products.

YOUR RIGHT TO CANCEL

We and the pharmacy are legally obliged to supply products that comply with this contract. The products must be as described, fit for purpose and of satisfactory quality. These rights are subject to certain exceptions. 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 will terminate 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 about an upcoming change to the Product you purchased or to these Terms and Conditions that you do not agree to;
we have informed you of an error in the price or description of the Product you ordered and you do not wish to continue;
there is a risk that the delivery of the Product will be significantly delayed (by more than one month) due to events beyond our control;
we have suspended delivery of the Product you ordered for technical reasons, or we notify you that we are going to suspend it for technical reasons, at least for a period of more than one month; or
you have the legal right to terminate the contract because of something we did 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 about returning defective, damaged, or misdescribed Products.

3. If the product appears to be defective, defective or does not meet the description, or if you cancel your contract because of something we have done, or the pharmacy has done, or is about to do, we will pay the postage for your return.

4. We will refund you using the payment method you used to pay for the Products.

5. If you are entitled to compensation, we may withhold the reimbursement until the pharmacy has received the products back or you have provided proof that you have returned the products, whichever comes first. We may also deduct an amount from the compensation you are entitled to for loss of value of the products we deliver if this is caused by you treating the products in a way that is not allowed in a store. 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 manner, you must pay us an appropriate amount.

OUR RIGHT TO CANCEL

We may cancel your order and/or subscription if you notify us of product side effects. In such circumstances, we will stop delivering the Product to you, or we will require the pharmacy to stop delivering the Product to you, and if you have a subscription, we will refund you all prepayments 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 any changes to this information and keeping this information up to date. In particular, you should let us know about changes in your health, your medication, and your delivery address. You promise that this information is accurate and acknowledge that if you do not provide accurate and current information, you may seriously endanger your health. You can update your information by logging into your account.
You must read the package insert and follow the clinical instructions that come with each product before using it.
You are responsible for notifying your doctors that you are using Products.
You agree to order and use the Website, Services, and Products for your own personal use only. We do not provide the Website or Services to use or order Consultations or Products on behalf of other persons, including partners or other family members.

Our right to make changes to these Terms of Service

We may make changes to these Terms of Service, but if we do, we will notify you of the changes at least 10 business days in advance and you may contact us to cancel your subscription before the changes take effect and receive a refund for paid but not received Services or Products.

OTHER KEY 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 at: support@getwellis.com.

If your complaint relates to the delivery and delivery of prescription medicines or is medical, we may refer your question to the pharmacy.

We will try to resolve any disputes with you quickly and efficiently. If you and we are unable to resolve a dispute through our internal complaint handling process, we will:

let you know that we are unable to resolve the dispute with you; and
provide you with certain legally required information about our alternative dispute resolution.

OUR LIABILITY TO YOU

1. We are only liable to you for any losses you incur 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 clear that it will happen or if, at the time you accepted the terms and conditions, both we and you knew 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 paid us for the product affected by the loss or damage you suffered; however, we do not exclude or limit our liability in any way where it would be unlawful for us to do so, including for:

death or personal injury caused by our negligence;
fraud or misrepresentation; or
any breach of legally implied terms (such as those relating to property and property, description, satisfactory quality, fitness for purpose, and defective samples and products), except to the extent that such terms may be excluded under applicable law.

3. The pharmacy is responsible for any loss or damage you suffer as a result of the pharmacy's breach of its contract with you to sell prescription medicines.

4. Doctors are responsible for reviewing your treatments and writing prescriptions for you, and are responsible for all diagnoses they make and prescriptions issued.

DISCLAIMERS

Other than as set out in these Terms, the Website, the Services, and all products provided through the Site are provided on a”
“as is” and “as available” basis.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SERVICES, PRODUCTS, OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS CONTAINED IN OR REFERRED TO ON THE WEBSITE. TO THE FULLEST 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 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 any loss or damage that may result from the use of the information or content on the Website.

Our Website facilitates a consultation between you and a registered healthcare professional with the aim of diagnosing and treating erectile dysfunction or hair loss. It does not replace the need to visit your doctor regularly.
We strive to make the Website and Services available to you at all times, but sometimes they may not be available 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 could 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 any hardware and software that you may use.
The Website may contain links to third-party websites or programs that are not operated by us. We are not responsible for the content, terms, offers, or privacy policies of such sites and programs. Your transactions with third party sites are solely between you and that third party, and you should review their terms and policies before using them.

GENERAL

These Terms and Conditions and all communications between you and us are 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 of our rights under these Terms and Conditions to any person or ask an individual to perform any aspect of these Terms and Conditions, as long as the implementation of these Terms is not affected.
Only you and we have rights under these Terms. No other person has any rights under these Terms.
Each of the sections of these Terms works separately. If a court or relevant authority decides that one of them is unlawful, the remaining sections remain in full force and effect.
Even if we enforce these Terms and Conditions too late, we may still enforce them later. For example, if you miss a payment and we don't pursue you but we continue to provide the Services, we may 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 with respect to these Terms and Conditions and/or the provision of services by us in the Dutch courts.
If you have a dispute with us regarding our contract with you, please contact us initially at support@getwellis.com and try to resolve the dispute informally with us. In the unlikely event that we are unable to 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.

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