GENERAL TERMS AND CONDITIONS BLUECLINIC

– version: October 2022 –

Contents

1. DEFINITIONS

2. GENERAL

I. Acceptance of the General Terms and Conditions

II. Description of the Service

The Service

How to use the Service

Policy with regard to minors

III. Use of Website and content

3. THE AGREEMENT

I. Parties, relations and agreements

II. Entire agreement and effect on third parties

III. Assignment and waiver

4. PAYMENT, DELIVERY AND RETURN

I. Payment and price changes

II. Costs and savings

III. Delivery

IV. Cancellation, return and withdrawal

5. LIABILITY

I. Indemnification and liability

II. Viruses, hacking and other offences

6. OTHER

I. Safety

II. Change in Products or Service

III. Use of personal data

7. LEGAL

I. Complaints

II. Amendment of the Terms and Conditions

III. Trademarks and copyright

IV. Severability and interpretation

V. Competent court and applicable law


1. Definitions

The following terms are defined as follows in these Terms and Conditions:

  • 'Agreement': the agreement concluded between a Customer and Blueclinic by placing an Order, to which agreement the Terms and Conditions are applicable.
  • 'Blueclinic': Blueclinic Ltd, a company incorporated under the laws of the United Kingdom, with its principal place of business at 20-22 Wenlock Road, London, England, N1 7GU, registration number 10811735, trading as Blueclinic, being the owner of the Website, providing the Service as set out in these Terms and Conditions.
  • 'Carrier': a provider of postal and courier services, including but not limited to UPS, DHL, Royal Mail, Parcel Force and TNT.
  • 'Customer': any visitor of the Website who places an Order.
  • 'Medication': a Product available only on Prescription.
  • 'Order': a request from a Customer to Blueclinic to provide the Service.
  • 'Parties': Blueclinic and the Customer jointly.
  • 'Password': secret word or secret code.
  • 'Pharmacy': an independent seller of Products. In case of prescription medication this is an independent, registered and licensed pharmacy based in the European Union. In case of over-the-counter medication this may also be another seller than an EU based pharmacy, such as a chemist.
  • 'Pharmacy's Terms and Conditions': the Pharmacy's terms and conditions that apply to the agreement between the Pharmacy and Customers. These terms and conditions – if applicable – will be provided to the Customer at the appropriate point in the purchase process.
  • Prescription': an order from a doctor for a Medication.
  • 'Product(s)': prescription medication (Medication) or over-the-counter medication.
  • 'Service': the online service for consumers – the so-called prescription forwarding service – consisting of entering into agreements with Pharmacies in relation to the delivery and shipment of Products, at the request of, in the name of and for the account and risk of Customers.
  • 'Terms and Conditions': the present general terms and conditions.
  • 'Website': the website www.blueclinic.co.uk including the Service, being the prescription forwarding service.

The definition of words in singular shall also include plural and vice versa. In these Terms and Conditions any reference to the male sex also includes reference to the female sex.

2. General

I. Acceptance of the General Terms and Conditions

By using the Service and/or placing an Order, the Customer accepts the applicability of these Terms and Conditions, the Pharmacy’s Terms and Conditions (if applicable) and the separate Privacy Statement. The Customer represents and warrants – whether or not tacitly – to have fully read and understood these terms and conditions.

These Terms and Conditions shall only apply to the prescription forwarding service of Blueclinic for Dutch customers having obtained a Prescription.

II. General description of the Service

The Service

Blueclinic is an online prescription forwarding service for consumers. Blueclinic itself does not offer Products but ensures that a Customer who has a Prescription can obtain genuine Products from registered and independent EU Pharmacies in a safe, fast, and discreet manner. These Products are not offered by Blueclinic, but Blueclinic brings Customers into contact with Pharmacies in order to obtain Products.


In case Blueclinic receives a Prescription on behalf of – and by order of – a Customer (whether or not through an intermediary) this is deemed to be an instruction to order a Product with a Pharmacy in the name of and for the account and risk of the Customer. Blueclinic will then seek a suitable Pharmacy (for example based on Product availability, distance to the Customer and Product price) to carry out the Order.

As soon as the Pharmacy receives the Prescription, it will check the prescribed Product and any additional information, such as a medical questionnaire. The Pharmacy may:

  • approve the Order;
  • decline the Order; or
  • ask the Customer for more information.

Blueclinic does not collaborate with any Pharmacy and is not affiliated with any Pharmacy. For each Customer Order Blueclinic is free in its choice of Pharmacy. Blueclinic does not receive any commission from Pharmacies. And vice versa: Pharmacies are free to accept Customers of Blueclinic and they do not receive a commission from Blueclinic. Blueclinic does not offer Products but offers a service to the effect that it requests Pharmacies, in the name and for the account and risk of Customers, to sell, and deliver certain Products to Customers who have a Prescription. Product prices charged by Pharmacies are generally known in advance to Blueclinic and are not negotiated on behalf of Customers or Pharmacies. The price of Products charged by Pharmacies, including shipping costs, is included in the price for the Service stated on the Website. Blueclinic explicitly does not offer a mediation service for medication.

How to use the Service

By placing an Order via the Website, the Customer confirms that he:

  • is at least 18 years old;
  • is legally capable of entering into a binding agreement;
  • is entering into a separate agreement with a Pharmacy (for the sale and delivery of the Products) and accepts the general terms and conditions of the Pharmacy (Pharmacy’s Terms and Conditions) if applicable;
  • has access to the Website in a language he understands;
  • is aware that it is his own responsibility to establish that it is permitted by law in his country of residence to make use of the Service provided by Blueclinic and to receive the Products by mail from the Pharmacy;
  • will only use the Product for his own personal use;
  • will read all information on the Product packaging and leaflet carefully before use and will always check the Product expiry date before use;
  • will check that the Products delivered by the Pharmacy are the Products prescribed by the doctor on the Prescription;
  • will not use the Products delivered if these are not the Products prescribed or if the Products were damaged upon delivery.


The Customer must use the Website and the Service with due care, with observance of the following:

  • only one account per Customer may be created on the Website;
  • by creating an account on the Website, the Customer creates a secured online electronic patient record.

Any balance in the Customer’s account shall be valid as long as the account is active. An account will be deleted (inactivated) by Blueclinic if the account hasn’t been logged into for three (3) years or if it has been three (3) years since the Customer last placed an Order via Blueclinic. Upon deletion of an account any balance in the account shall lapse by operation of law. Balances cannot be redeemed for cash.

Policy with regard to minors

Customers who are not at least 18 years old are not allowed to make use of the Service of Blueclinic.

III. Use of Website and content

The right of a Customer or other user to access and use the Website and Service will be terminated immediately and without any further notification if the Terms and Conditions are not complied with, the Service is misused or an offence is committed. Blueclinic may terminate the Agreement or parts thereof and/or the right to use the Website at any time, with or without stating reasons. Blueclinic reserves the right to terminate or change the Website and/or the Service at any time.

The content of the Website should in no way be construed as to promote or recommend anything. All information on the Website is for informational purposes only and is in no way intended to promote Medication or the use of Medication.

3. The Agreement

I. Parties, relations and agreements

The sale and delivery of Products is agreed between a Customer and a Pharmacy, regardless of which party receives the payment. The Pharmacy’s Terms and Conditions – if applicable – will apply to the relation between the Pharmacy and the Customer (is such a relation exists). If applicable the Pharmacy’s Terms and Conditions will be provided to the Customer when an Order is placed.

It is at the sole discretion of Blueclinic whether or not to accept an Order and Blueclinic reserves the right to cancel an Order.

The Customer will inform his own doctor and/or pharmacy of the use of the Products delivered by the Pharmacy.

II. Entire agreement and effect on third parties

This Agreement constitutes the entire agreement between the Customer and Blueclinic with respect to the subject matter hereof and supersedes any prior oral or written agreements.

All rights stipulated for Blueclinic in these Terms and Conditions are equally stipulated for any agents, intermediaries or third parties used by Blueclinic for the performance of its obligations under these Terms and Conditions.

III. Assignment and waiver

Blueclinic may assign the Agreement, in whole or in part, to third parties. The Customer may not assign or transfer his rights and obligations under the Agreement without the prior written permission of Blueclinic. Any assignment or transfer by the Customer of rights or obligations under these Terms and Conditions or the Agreement without permission of Blueclinic shall be void.

The waiver by one of the Parties of a breach of any provision of the Terms and Conditions or Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.

4. Payment, delivery and return

I. Payment and price changes

The prices on the Website are in euros. Payment must be made via the payment methods stated on the Website. What Service is provided, with which party a Customer will enter into a (separate) agreement (as the case may be) and which party will collect the payment, will be indicated during the order process on the Website, in the order confirmation and/or on the invoice.

If a Customer fails to fulfil his payment obligation towards Blueclinic and/or the Pharmacy, Blueclinic and/or the Pharmacy are entitled, without any further notice of default, to charge extrajudicial collection costs, including, in any event, EUR 15 administration costs, without prejudice to the right of Blueclinic and/or the Pharmacy to compensation for all judicial collection costs incurred.

By providing invoice and payment details a Customer confirms that he is authorised to use these details and authorises Blueclinic, or its payment service provider or the Pharmacy payment service provider, to take payment in full for the Order and/or Product(s) and any associated delivery fees and any other charges due to Blueclinic and/or the Pharmacy under these Terms and Conditions.

Blueclinic reserves the right to change the prices stated on the Website for Products. Prices as stated at the time the Order is placed are valid throughout the entire order process. When a software or human error results in prices being stated on the Website that are clearly incorrect, Blueclinic reserves the right to change these prices, in which case a Customer will always have the right to cancel the Order. The Customer will be informed thereof.

II. Costs and savings

The total cost of an Order includes the cost of Products delivered to a Customer by the Pharmacy, the service fee of Blueclinic and – if applicable – the shipping costs and VAT. Any savings offered are explicitly not a discount on the Product, but a saving on the said service fee of Blueclinic.

III. Delivery

Delivery times stated are estimates, based on availability and standard delivery times.

If the Customer opts for delivery, he accepts that he will enter into an agreement with a Carrier. All Products will be delivered by a Pharmacy and in the country of establishment of the Pharmacy. All Products are shipped on behalf of and at the risk of the Customer. The Customer is responsible for all import duties, levies, and taxes applicable in his country of residence. The Customer indemnifies Blueclinic (as well as the Pharmacies) for any and all legal action brought against Blueclinic or the Customer, in case the Customer has not acted in accordance with the import regulations imposed by the government of the country of destination.

By placing an Order the Customer appoints a Carrier as his agent and proxy to take receipt of the Products and transport the Products from the location of the Pharmacy to the designated delivery address. Upon delivery of the Products to the Carrier, the Pharmacy shall be deemed to have fulfilled its obligations under the agreement(s) and risk and title to the Products will pass to the Customer. Blueclinic accepts no liability at all for the transportation.

Professional codes of conduct and legal restrictions may limit the permitted quantity and delivery frequency of Products to be supplied by Pharmacies. There is no obligation to supply quantities exceeding the relevant permitted maximum.

IV. Cancellation, return and withdrawal

After placing an Order, if the Products have not yet been shipped by the Pharmacy, the Customer may cancel the Order by sending a cancellation request to the customer service.

Should a Product be unusable because of damage arisen during transportation or because the Product delivered does not correspond with the Product ordered, the Customer may request the Pharmacy to replace the Product or return the Product within seven (7) days of receipt, in consultation with the customer service. Returns are only accepted if the Products are in the original packaging and unopened. The Customer will be refunded within thirty (30) days of receipt of the Product by the Pharmacy. The Pharmacy will only reimburse the cost of returning defective, damaged, or wrongly delivered Products.

The Customer has the right to withdraw from the distance agreement entered into with the Pharmacy within fourteen (14) calendar days of receipt of the Product (not being Medication), without giving reasons and without any costs. The withdrawal period of fourteen (14) days starts the day after the Customer receives the Product.

During that period, the Customer shall handle the Product and the packaging with care. The Customer shall only unpack or use the Product to the extent necessary to assess whether to keep it. If the Customer wishes to exercise his right of withdrawal, he shall return the Product to the Pharmacy along with all accessories (such as the information leaflet) in its original condition and packaging, if reasonably possible, in accordance with the Pharmacy’s instructions.

To exercise his right of withdrawal, the Customer shall notify the Pharmacy through the Blueclinic customer service. If the Customer has already paid any amount, Blueclinic will refund that amount as soon as possible and no later than within thirty (30) days after receipt of the returned Products. The cost of return shipment is always for the account of the Customer.

As Medications are perishable and of a personal nature, and to avoid the risk of any tampering with Products, Medications are excluded from the right of withdrawal for reasons of health protection. Medications may only be returned for destruction and the purchase price will not be refunded.

5. Liability

I. Indemnification and liability

Blueclinic (as well as the Pharmacies) is (are) not liable for the effectiveness of Products, the content of patient information leaflets provided with the Products, informative texts, descriptions of treatment methods and other descriptions on the Website, nor can any guarantees be given in that respect. Blueclinic does not provide legal and/or medical advice, nor does Blueclinic provide medical and/or diagnostic services. If the Customer relies on information obtained on or via the Website, the Customer does so solely at his own account and risk.

The Customer shall fully indemnify Blueclinic (as well as the Pharmacies) against any and all loss or damage suffered, or costs or expenses incurred (including reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, resulting from or in any way related to:

1. the breach of these Terms and Conditions by the Customer;

2. the unauthorised or unlawful use of the Website and/or Service by the Customer;

3. any misrepresentation in connection with the use of the Website by the Customer;

4. claims brought by persons or entities other than the Parties to the Agreement, arising from or related to the use of the Website by the Customer.

Blueclinic shall only be liable for damage or loss caused by intent, gross negligence, or fraud, and only to the extent it concerns its own acts or omissions. In case a Pharmacy is liable for damage or loss suffered by the Customer, liability for Blueclinic shall at all times be excluded. To the extent permitted by law, Blueclinic, including its affiliates and related third parties (as well as the Pharmacies), hereby expressly excludes any and all liability:

1. for any direct or indirect damage or loss suffered by any user (including the Customer) in connection with the use, inability to use, or results of the use of the Website and the Service, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income;
  • loss of sales;
  • loss of profit or loss of contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

2. for the accuracy of a treatment, Medications prescribed or the use of Products and/or the effects thereof;

3. resulting from a failure on the part of the Customer to provide complete, truthful, and accurate information in his patient record, questionnaires and otherwise provided to Blueclinic, and to keep information up to date.

If in delivering its Service to the Customer Blueclinic fails to comply with the provisions of the Terms and Conditions, it shall only be liable up to the value of the underlying Agreement. In other cases the liability of Blueclinic shall also be limited to the value of the underlying Agreement, or – if the value cannot be determined – to a maximum amount of EUR 5,000. A right to compensation can only arise if the Customer reports the damage or loss in writing to Blueclinic as soon as possible and no later than within six (6) months after it has arisen.

Except for the obligation to pay, neither the Customer nor Blueclinic shall be liable in any way for a failure or delay in the performance of all or part of the Agreement as a direct or indirect consequence of causes or circumstances beyond the control of Parties (‘force majeure’).

II. Viruses, hacking and other offences

The Customer may not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Furthermore the Customer may not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. The breach of this clause constitutes a criminal offence. Blueclinic will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Customer’s identity to them. In the event of such a breach, the Customer’s right to use the Website will cease immediately.

Blueclinic shall never be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material resulting from the use of the Website, or the download of any material posted on it, or on any website linked to it.

6. Other

I. Safety

If the Customer has used the Website before, a Password will be required to access his data. The Customer shall be fully responsible for:

1. keeping his Password secret;

2. not allowing another person to use his Password to place Orders via the Website;

3. costs, damages or losses resulting from not keeping his Password secret;

4. timely written notification to Blueclinic that his Password must be deactivated due to security problems.


Blueclinic shall never be liable towards the Customer for any damages related to theft of his Password, disclosure of his Password or his permission to allow any other person or entity to access and use the Website using his Password. The Customer will notify Blueclinic immediately of any unauthorised use of his Password.

II. Change in Products or Service

As Blueclinic does not offer, sell or deliver Products itself, it reserves the right to change the availability of the Products on the Website and to remove Products from the Website. Blueclinic furthermore reserves the right to change or terminate the Service.

III. Use of personal data

Blueclinic collects and uses the Customer’s data to perform the Agreement. Medical information is only shared with Pharmacies with the consent of the Customer.

The Privacy Statement of Blueclinic shall at all times apply to the Service.

7. Legal

I. Complaints

In the case of a complaint about the Service provided or Products delivered, the Customer can contact the Blueclinic customer service.

Blueclinic shall make an effort to:

  • deal with complaint as soon as possible;
  • inform the Customer within which period of time his complaint will be dealt with; and
  • keep the Customer informed throughout the process.

II. Amendment of the Terms and Conditions
Blueclinic at all times reserves the right to amend the Terms and Conditions, without prior notification. Any amended version of these Terms and Conditions will be published on the Website immediately and the amendments will enter into force immediately after publication. It is the responsibility of the Customer to always be familiar with the content of the most recent version of these Terms and Conditions. The Customer agrees that this procedure for notification of amendments to the Terms and Conditions is reasonable. Use of the Website by the Customer after the Terms and Conditions have been amended, constitutes the Customer’s agreement to the amended Terms and Conditions.

III. Trademarks and copyright

All content on the Website is the property of Blueclinic or its content suppliers and is protected by national and international copyright laws. The content on the Website, including (source) codes and software, or any portion of it may not be modified, reproduced, republished, duplicated, copied, sold, resold, visited, uploaded, posted, transmitted, publicly displayed, used to create derivative works based on it or otherwise exploited for any commercial purpose without the express written consent of Blueclinic.

Any content on the Website that is downloaded or printed may not be altered in any way and must contain all copyright and proprietary rights notices that are contained in such content. Any framing of the Website is prohibited. Any unauthorised or unapproved use of any content constitutes copyright infringement and subjects the Customer to all civil and criminal penalties provided for under national and international copyright laws.

IV. Severability and interpretation

If one or more provisions of these Terms and Conditions are not legally valid, the other provisions of these Terms and Conditions will remain in force. The Parties shall consult with regard to any invalid provision in order to replace it with a provision that is legally valid and that is as similar as possible in content and purport to the original provision.

The text of these Terms and Conditions is provided in the Dutch language and in other languages. In case of any conflict or uncertainty regarding provisions or the interpretation thereof in different languages, the text of the Dutch version shall prevail.

V. Competent court and applicable law

Except to the extent that this conflicts with applicable mandatory (national) legal provisions, these Terms and Conditions, as well as the Service, the Order, and the Agreement, shall be governed by the laws of the United Kingdom. Any and all disputes arising therefrom shall be submitted to the exclusive jurisdiction of the competent court of the United Kingdom, unless applicable mandatory law provides otherwise.

The Vienna Convention on Contracts for the International Sale of Goods is excluded.