The service of the social enterprise TheSocialMedwork B.V. (TSM) and the related website are provided under these terms & conditions. These conditions apply to any use of the website as well as using TSM’s services of supporting customers in general questions with regard to newly approved medicines as well as with purchasing those medicines (all together: “the services”).
If you use the services provided by TheSocialMedwork, you automatically agree with these terms and conditions.
Objective of TheSocialMedwork's services
The services of TheSocialMedwork serve as a tool and source of information for patients, physicians, care providers and those who are involved with them or their treatment. The information provided through our services is not intended to replace a one-on-one relationship with a qualified health care professional and is no medical advice. It is intended to share knowledge and information. TheSocialMedwork encourages users and customers to make their own well-informed health care decisions based upon their own research and in partnership with a qualified health care professional.
Any user of any of TheSocialMedwork’s services (in the following: customer) should act in accordance with the law.
The use of TheSocialMedwork’s website and support service is free. Should the customer make a purchase through TheSocialMedwork next to the purchase price a handling fee (named patient service fee) occurs.
The customer is not permitted to disclose information obtained from TheSocialMedwork on a non-occasional basis, to duplicate or sell it in any form whatsoever, including whether or not after editing integration into networks or disclosure in another way. The contents of the TheSocialMedwork-services may only be copied for non-commercial individual reference with all copyright or other proprietary notices retained. Names of customer support team members may not be published.
The user should in any case refrain from the following actions:
use in a manner that is harmful to patients, physicians or to other users of our internet services and websites;
transmit unsolicited commercial email (‘spam') to persons whose information you would have obtained through the services of TheSocialMedwork;
use in a manner that is harmful to the TheSocialMedwork or to other users of our internet services and websites, or to third parties;
threatening, insulting, discriminating or hindering others;
spreading of computer viruses or documents that contain other harmful components.
The user or any other person authorized by TheSocialMedwork who adds data to the online health market website is responsible for the accuracy and reliability of data. The user is obliged to only supply accurate data on or through the online health market website or internet services of TheSocialMedwork. Due to the objectives of the services of TheSocialMedwork as a tool and source of information for physicians, patients, care providers and others involved, it is not allowed to provide fictional or incorrect data through the services.
Data sent by the customer to publicly accessible parts of the online health community market website or which will be placed there, for instance on a blog or forum, are deemed not to be confidential. By posting or sending these data to be published you grant TheSocialMedwork the right to use, publish, modify, translate or remove these data. Concerning all data, you supplied, you are convinced that you are authorized and if necessary obtained the permission of others involved, and you safeguard TheSocialMedwork or its users against all claims of third parties in this context.
Data the customer provides TheSocialMedwork regarding requests are treated strictly confidential and only used to process an order.
Disclaimer Concerning Data
Neither TheSocialMedwork nor its affiliates, nor any party involved in creating, producing or delivering this online health community market website shall be liable for any loss, damage or cost whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in these services, access to, use of, or inability to use these services, or any errors or omissions in its content. This limitation includes any loss, damage or cost caused by any viruses that infect your computer equipment, software or data.
Use of the services and the user generated data made available through the website is at user’s own risk. TheSocialMedwork may at any time add, modify or remove data at its discretion. TheSocialMedwork will use all reasonable efforts to include accurate and up-to-date information in their services. Customers understand that TheSocialMedwork also relies on the expertise of others to be able to present accurate and up-to-date information. TheSocialMedwork gives no warranties, undertakings or representations of any kind as to its accuracy, currency, quality, completeness or fitness for purpose. TheSocialMedwork disclaims all warranties, express or implied to the fullest extent permitted by law.
Third Party Websites and Links
The services may contain links or references to other websites maintained by third parties over whom TheSocialMedwork has no control. Such links are provided merely as a convenience. Similarly, the services may be accessed from third party links over which TheSocialMedwork has no control. TheSocialMedwork makes no warranties, undertakings or representations of any kind as to the accuracy, currency, quality, completeness or fitness for purpose of any information contained in such websites and shall have no liability for any loss, damage or cost of any kind arising from such information. Inclusion of any third-party link does not imply an endorsement or recommendation by TheSocialMedwork.
All rights, including intellectual property rights, to the content of the services of TheSocialMedwork are held by TheSocialMedwork and its affiliates, insofar as these rights are not held by third parties whose material has been made available through the internet services and online health market website. TheSocialMedwork reserves the copyright to the content of internet services and the online health community market website.
User acknowledges the rights of TheSocialMedwork and its suppliers to the content of the internet services and the online health community market website, as well as data derived from it, whether this content or data is (helped by) the product of editing by someone else than TheSocialMedwork or its suppliers, including the user.
Except as expressly permitted above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any part of it in any electronic medium or in hard copy, or create any derivative work based on it, without TheSocialMedwork’s express written consent. In addition, the name and logo of TheSocialMedwork are registered trademarks, and may not be used without TheSocialMedwork’s written permission.
Purchasing Products and Contract
When purchasing products through TheSocialMedwork, the General terms and conditions of TheSocialMedwork apply. TheSocialMedwork holds a pharmaceutical wholesale distribution licence, registered with the Ministry of Health, welfare and Sport, number 16258 G; as well as an independent intermediary licence, number: 6730 BEM.
The purchase contract is made between the customer (buyer) and the respective partner (seller) who can best source the product requested, represented by TheSocialMedwork. The seller is responsible and liable for the quality of products and the accurate delivery. TheSocialMedwork is the contact person for the buyer.
All offers made by TheSocialMedwork are without obligation and non-binding, unless they have been expressly described in writing as binding.
After customers request an offer by the Customer Support team they will be provided with an offer for the specific contract. Once the customer accepts the offer via email or via phone towards the Customer Support a legally binding contract has been conducted between TheSocialMedwork and the customer. TheSocialMedwork confirms the purchase with an order confirmation. From this moment onwards the customer is not able to withdraw from the contract. The customer is obliged to make the payment and provide TheSocialMedwork with the relevant documents such as prescription and necessary import documentation, if applicable.
Upon receipt of the payment the order will be processed, and an invoice will be sent to the Customer.
In some cases the Customer has the option of paying a non-refundable deposit of 10% of the order amount in case when specific actions need to be taken to secure an order to be processed and delivered in a timely manner. This deposit is to reimburse costs arising by the Customer Support and the Sourcing Teams to source a medicine in time. The Customer Support Team will inform you whether this option is needed in each case. Please note that his is no guarantee to be able to source the product. Only for the event that the 10% deposit and the purchase price have been paid and TheSocialMedwork should not be able to source the product, the purchase price will be reimbursed.
Once the order is processed, the product will be sourced. TheSocialMedwork is responsible and liable to source the genuine product in the appropriate and legally required condition and make it available for shipping and export (outside of the EU). As a registered wholesaler distributor TheSocialMedwork commits to the Good Distribution Practice.
Please note that the import has to be taken place from within the country and is due to the responsibility of the purchaser. TheSocialMedwork however supports in obtaining the right knowledge and documentation to process a legal import.
TheSocialMedwork does not accept any obligation or liability in respect of legal and regulatory compliance once the risk in the products has transferred to the Customer (after export and arrival of the product at the border, before customs). If the Customer fails to perform its duties arising from this provision, TheSocialMedwork will not reimburse for any resulting injury, loss or damage, nor resending another product. Unless otherwise agreed in writing with the Customer, TheSocialMedwork accepts no liability for the scrapping, loss, seizure, destruction or damage of the products as a result of import controls, lack of approvals, inspections, customs duties or other circumstances connected with the import of the products to a country outside of the European Union.
Unless otherwise agreed in writing, the price of a product to be supplied by TheSocialMedwork shall be the most recent price of such product as published by TheSocialMedwork in Euros. The prices published on the website are excluding handling fee (named patient fee) and logistical costs such as shipping and exclusive of statutory Value Added Tax (or equivalent local and national taxes) and other public taxes. In the case of shipments outside the European Union, unless otherwise stated, prices are exclusive of custom duties and fees and any other public taxes. The customer is obliged to make the payment within 14 days after accepting the offer.
The delivery times depend on the medicine requested. TheSocialMedwork makes an estimate of delivery time that is non-binding since the importing duration is not in the influence of TheSocialMedwork. TheSocialMedwork does everything needed to support the importing. Should the sourcing time extend the estimate the patient will be informed accordingly. TheSocialMedwork does not guarantee a delivery time because the sourcing time is outside of TheSocialMedwork’s responsibility. However, TheSocialMedwork does anything needed to ensure speedy sourcing and delivery.
Claims and Return of Products
TheSocialMedwork will not take back any products since any purchase by a customer is made on an individual personal import basis. That means, any medicine sourced will be specifically allocated for a specific patient. Thus, TheSocialMedwork is legally not allowed to take medicines back.
Should claims arise from defects TheSocialMedwork shall be notified in writing immediately following discovery thereof. This can be made either to [email protected] or via our Customer Support email. In the event that the defect can be detected from the packaging the notifying shall take place within 4 working days.
Terms towards the supplier
Once TheSocialMedwork processes an order placed by its customer TheSocialMedwork sources the product with one of its partner suppliers. The supplier is responsible and liable for the authenticity, Genuity and right quality of the product. Shall the responsibility of the partner include also the shipping of the product he is liable also for the shipping in the right condition of the product. The partner will indemnify and hold TheSocialMedwork harmless from any claims regarding (alleged) defect products or quality complaints.
Modification and Referral
TheSocialMedwork reserves the right to modify data on the online health community market website without notice. Reference to products, services, processes, other data, trade names, trademarks, manufacturers, suppliers, or other designation, implies no explicit or implicit approval, support or recommendation thereof by TheSocialMedwork.
On these terms as well as on any legal actions or matters relating to the use of the website or internet services of TheSocialMedwork, The Hague Dutch law is applicable. The Hague courts shall have exclusive jurisdiction over any disputes arising in connection with this website.
Termination of use
Notwithstanding the specified in these terms and conditions, TheSocialMedwork reserves the right, without notice and at its discretion, to block or prevent user’s future access to and use of the website or services.