General terms and conditions

1. General

1.1 These general terms and conditions apply to every online offer from the Pharmacy and to every distance contract concluded between the Pharmacy and the Patient.

1.2 Dutch law and more specifically the Medical Treatment Agreement Act (hereinafter: WGBO) and the Personal Data Protection Act (hereinafter: Wbp) apply to all agreements between a Patient and the Pharmacy. These general terms and conditions also apply additionally.

1.3 Accepting these general terms and conditions, including our privacy statement, disclaimer and cookie policy, is a requirement for registration and use of the Pharmacy's online services.

1.4 Personal health information is subject to the pharmacist's professional secrecy. Other personal information is subject to legislation to protect privacy.

1.5 Your personal data are (necessarily) available to Pharmacy as well as your GP. Pharmacy can link and check your personal data with your available personal data in the Patient File. If you do not (no longer) agree to the processing of your personal data, this automatically means that you cannot use our online services.

1.6 Pharmacy is supervised by the Healthcare and Youth Inspectorate. The Royal Dutch Society for the Promotion of Pharmacy is the umbrella professional and trade organization for pharmacists.

 

2 Definitions

In these general terms and conditions the following definitions apply:

Pharmacy: the legal entity, partnership or natural person that runs a pharmacy business or within which the profession of pharmacist is practiced, with which the Patient has a medical treatment relationship;

Patient: any natural person over the age of 16 who has legal capacity and has a medical treatment relationship with the relevant Pharmacy and who has registered with the Pharmacy. Persons under the age of 16 must be represented by their legal representative in such a relationship. So that, among other things, the registration and request for repeat medication for the Patient must be carried out through the intervention of his legal representative.

Patient file: the (digital) file kept by the Pharmacy of the treatment relationship with a Patient;

System: the coherent network of telecommunications infrastructure and otherwise automated connections that can provide access to the internet with computers, software and databases, in particular to https://www.apotheekskagerrak.nl/.

 

3 Liability

3.1 Pharmacy cannot under any circumstances and in any way be held liable for damage of any kind that may result from improper use of the System or use contrary to the instructions for use or use contrary to the nature and purpose of the System.

3.2 The patient must carefully read the package leaflets and the manufacturer's message in or on the packaging of the product. It is that message that contains the information (including dosages and contraindications) that the Patient must respect.

3.3 Pharmacy is never liable for the manner in which or the purpose with which the Patient or a third party accesses the internet using the Patient's username and password. Furthermore, Apotheek is under no circumstances liable for loss of or damage to files or data.

3.4 Pharmacy ensures the availability of the System of https://apotheekskagerrak.leef.nl/ and the fixed connections, and makes every effort to offer optimal availability. However, the consequences of failure or inaccessibility of the System and the fixed connections as a result of circumstances that could not reasonably be foreseen or circumstances beyond the control of the Pharmacy are at the risk of the Patient.

3.5 Deficiencies not attributable to the Pharmacy in the context of the use of the Pharmacy's website are in any case considered to include any act or omission by the Patient that causes damage to third parties, disruptions in the connections to the Internet, disruptions in the telephone network of the telecommunications company(ies) involved, electricity outages and other disruptions beyond the control of Pharmacy. This also includes failure or inaccessibility of the website and fixed connections as a result of reasonably required maintenance.

3.6 The condition for the existence of any right to compensation in the context of the use of the website https://www.apotheekskagerrak.nl/ is always that the Patient reports the damage as soon as possible, but no later than within one (1) year after the damage occurred. reports this in writing to the Pharmacy.

 

4 Intellectual property

4.1. The texts, page listings, illustrations, photos, data sheets and other illustrative elements on the website are protected by copyright and in general by the principles of intellectual property law.

4.2. The content of the website https://www.apotheekskagerrak.nl/ may not be copied. Nothing may be changed, nothing may be posted on another site, nothing may be published in any form without prior written permission from the Pharmacy.

4.3. This site may also contain texts, illustrations and other elements that are protected by the copyrights of third parties. Pharmacy does not in any way and under no circumstances give permission to use their intellectual property or that of third parties.

 

5 Confidentiality

5.1 Subject to any legal obligations to disclose certain data, the parties are obliged to maintain the confidentiality of the information provided by the other party and of the results obtained through its processing. The provisions of the WGBO also apply to Pharmacy.

5.2 Pharmacy, as holder of the information, will only provide third parties with access to the data referred to above if:

a. The patient has given permission for this; or

b. The Pharmacy is obliged to do so by the competent authority in the context of an investigation into criminal conduct, subject to the right of non-disclosure accruing to the Pharmacy.

5.3 Any inspection as referred to in the previous paragraphs will always be limited to the provision of information for which the Patient has given permission or for which the Pharmacy is legally obliged.

5.4 The main rights of the Patient with regard to the recorded data arising from the Personal Data Protection Act and the WGBO are:

- confidentiality of personal data;

- right to information about the processing of personal data;

- in certain cases: granting permission for the recording and processing of personal data;

- inspection and copy of the data in the Patient File;

- correction and resistance;

-           destruction.

5.5 At the request of the Patient, the Pharmacy will provide the data to the Patient in a generally accepted data structure determined by the Pharmacy at the standard hourly rate.

6 Use of the System

6.1 Pharmacy will make every effort to ensure the usual level of network security, user access security and security of confidential information in general. However, the patient is partly responsible for preventing misuse of the (personal) combination of user name and password provided to him.

6.2 Pharmacy is entitled to make changes in or to the System without prior notification to the Patient. Furthermore, Pharmacy is entitled to make changes to the login procedure and the user access and user name. Any costs that the Patient may incur as a result of such changes will be borne by the Patient and cannot be recovered from the Pharmacy.

6.3 The Patient is not permitted to use the System for unlawful and criminal conduct. This will be the case, among other things, if the use also relates to:

a. the (unlawful) distribution of copyrighted material;

b. the unlawful or criminal distribution of non-public data;

c. the distribution of criminal texts and image and sound material;

d. computer trespassing (also known as 'hacking') via the Internet or the System otherwise;

e. destruction, damage or rendering unusable systems or automated works and software of others; and/or

f. the (unlawful) distribution of texts, images and sound material to e-mail addresses that are not relations of the Patient (also known as 'spamming') and of which the owner has not explicitly indicated that he or she would appreciate messages from the Patient.

6.4 The Patient is not permitted to initiate or allow processes to continue which he can reasonably suspect will hinder other users of the System or adversely affect the other use of the System.

6.5 The Patient is not permitted to distribute information the disclosure or distribution of which is contrary to any legal provision or government regulation.

6.6 The Patient is not permitted to give third parties access to the System, or to show or demonstrate the System to Third Parties, without written permission from Pharmacy.

6.7 The Patient is not permitted to reproduce screens from the System, with the exception of all publicly accessible screens, without written permission from Pharmacy.

 

7 Restriction and blocking of use

7.1 Pharmacy is entitled to limit and block the use of the System and the website by the Patient if the Patient does not fulfill his contractual and extra-contractual obligations, does not do so properly or incompletely. Restrictions and blocking of the use of the website and the System may occur without warning and do not affect the other obligations of the Patient.

7.2 If there is a well-founded suspicion that the conduct referred to in article is occurring, the Patient may be denied access to this website as well as to the System without being entitled to a refund of any prepaid fees.