General Terms and Conditions of ALMIADERM, spol. s r.o.
for the provision of Online Consultation services
- These Terms and Conditions (hereinafter referred to as “T&C“) of the company
ALMIADERM, spol. s r.o.
identification number: 06951562,
tax identification number: CZ06951562
with registered office at Plzeňská 315/217e, Motol, 150 00 Prague 5
registered in the Commercial Register kept by the Municipal Court in Prague, sp.nr. C 291945 (hereinafter referred to as the “Provider“)
regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the contract for the provision of services concluded between the Provider and the person interested in the provision of Online Consultation services via the Internet application located on the website www.almiaderm.cz (hereinafter referred to as the “Website“).
- “Client” means a person interested in the provision of the Provider’s services listed below.
The Provider’s services under these GTC are provided only to clients – consumers who are natural persons over 18 years of age.
- The “Services” under this Service Agreement shall always include the provision of one online consultation in the field of dermatology via the Website Application with a specialist health care provider in the field of dermatology.
The provider’s services include the provision of information, materials and contact details to a dermatology expert, the mediation of contact between the expert and the client, the mediation and facilitation of an “on-line” consultation with the expert using electronic means of communication – i.e. via a website application, including the provision of details of the expert providing the on-line consultation.
- A “specialist” is a health care provider in the field of dermatology who provides an online consultation through a website application based on provider referrals. The current list of experts working with the provider in this way is always listed on the website.
- All contractual relations between the provider and the client are concluded in accordance with the legal regulations of the Czech Republic. Relationships not regulated by the GTC by the relevant provisions of the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations of the Czech Republic.
- The Client has access to these GTC via the website and has the opportunity to familiarize himself with them before the actual ordering of services. By placing an order for services, the client confirms that he/she has read these GTC and agrees to them.
- The provisions of these GTC are always an integral part of the service contract between the Provider and the Client, which is always concluded individually, based on the Client’s order and its confirmation by the Provider.
- The Service Contract and the GTC are drawn up in the Czech language and the Service Contract can be concluded in the Czech language.
- The provider may change or supplement the wording of the GTC. For the relationship established by the contract for the provision of services between the provider and the client, the text of the GTC in force on the date of conclusion of the contract for the provision of services is applicable. The new terms and conditions are effective from the date of their publication on the website. The client, resp. the person who requests services through the website after the change in the terms and conditions has come into effect agrees to the new terms and conditions.
ORDERING AND CONCLUSION OF A SERVICE CONTRACT
- The client can order services through the website application. The client can save their data to facilitate any further orders. The client will be informed about the availability and the time for the provision of services when confirming the order. Section 1732 para. 2 CC shall not apply.
- The website contains information about the services provided, including prices for each service. The prices for services are inclusive of any value added tax and any associated charges and the website also includes information on any additional costs associated with the provision of the service. The prices of the Services remain valid for as long as they are displayed on the Website. The prices of the services may be changed by the provider from time to time, but the prices of the services listed on the website at the time of placing the order are always valid.
- To order a service, the client fills in the application form of the website, whereby the client provides information about the service ordered, the chosen method of payment for the price of the service, the required method of providing the service, including the contact details of the client for the purpose of providing the service (hereinafter and above referred to as the “order“).
The order also includes a form that the client is obliged to fill out in order to provide the service and within it to provide information regarding his/her person and specification of the requested service.
The Client is obliged to provide all information correctly and truthfully when ordering services. The Provider reserves the right at any time to refuse to enter into a contract for the provision of services, especially if the information provided by the Client in the order is incomplete, obviously fictitious or raises doubts about the Client’s real intention to order the Provider’s service.
- Before the order is sent to the provider, the client is allowed to check and change the data entered by the client in the order, including with regard to the client’s ability to detect and correct errors made when entering data into the order. The client sends the order to the provider by clicking on the “CONFIRM ORDER” button.
- The sending of the order is a binding proposal for the parties to the service contract. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these GTC and information on the processing of personal data on the website and the client’s confirmation that he/she has read these GTC and information on the processing of personal data.
- When placing an order, the client is entitled to expressly request the provision of services immediately after sending his order, respectively. within the period specified in the order. Unless requested by the Client, the Provider will provide the Services no earlier than 14 days after the date of the order. If the client expressly requests this and the provider’s performance is provided before the expiry of 14 days from the date of the order, the client has no right to withdraw from the contract within 14 days from the time of conclusion of the contract without giving any reason.
- The receipt of the order by the Provider is immediately confirmed to the Client by e-mail to the electronic mail address (e-mail address) provided by the Client in the order. Depending on the nature of the order (nature and scope of the service, amount of the price for the service), the Provider is always entitled to ask the Client for additional confirmation of the order (for example, in writing or by telephone).
- The draft service contract in the form of a purchase order is valid for fifteen days. The contractual relationship between the Provider and the Client is established by delivery of a notification of acceptance of the order (acceptance), which will be sent by the Provider to the Client by e-mail to the Client’s e-mail address specified in the order.
- The Client agrees to the use of remote means of communication when concluding a contract for the provision of services. Costs incurred by the client when using remote means of communication in connection with the conclusion of the service contract (internet connection costs, telephone call costs) are borne by the client.
- On the basis of a confirmed order and after payment of the price for the provision of services, the Provider shall forward the order to an expert for the purpose of providing an online consultation, the mediation of which is the subject of the services. The Provider shall also ensure that the Client is contacted by the relevant expert via the website application within the selected timeframe after payment of the price for the provision of the services.
- The Provider as well as the relevant expert may require additional information from the Client beyond the information provided in the order in order to arrange and provide the online consultation, especially if the order form has not been completely filled in. The Client acknowledges that in such a case, the on-line consultation will be facilitated and provided by the expert only after all required additional information has been provided.
PRICE OF SERVICES AND PAYMENT TERMS
- The price of the service and any costs associated with the delivery of the service under the service contract may be paid by the client to the provider in the following ways:
- Cashless: via a credit or debit card payment gateway
by transfer to the provider’s account no. 509779002/5500, maintained with Raiffeisenbank (hereinafter referred to as the “Provider’s account“)
- The client is always obliged to pay the price for the services provided in advance and the payment of the price is always a condition for the provision of the service by the provider. In the case of non-cash payment, the Client’s obligation to pay the price for the provision of services is fulfilled at the moment of crediting the relevant amount to the Provider’s account.
- The Provider shall issue a tax document – an invoice to the Client in respect of payments made under the Service Contract. The provider is not a payer of value added tax. The tax document – invoice is issued by the provider to the client after payment of the price of services and sent in electronic form to the client’s electronic address.
- The price of the service always includes the provision of one online consultation via the website application by an expert on the basis of one order. It does not include any further consultations (whether further on-line consultations or other consultations with a specialist), visits to a specialist or doctor, the cost of any medicinal products or medical devices or any other goods or services beyond the provision of a single on-line consultation via the website application.
WITHDRAWAL FROM THE SERVICE CONTRACT
- If this is not a case specified in these terms and conditions, where the service contract cannot be withdrawn from, the client shall, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the service contract without giving any reason within fourteen (14) days from the conclusion of the contract. Withdrawal from the service contract must be sent to the provider within the period specified in the previous sentence. To withdraw from the service contract, the client can use the sample form available here. The client shall send the withdrawal from the service contract electronically to the email address firstname.lastname@example.org. The Provider shall confirm receipt of the withdrawal to the Client without undue delay.
- The Client acknowledges that according to the provisions of Section 1837 of the Civil Code, the Service Contract cannot be withdrawn from, among other things, if it has been fulfilled with the Client’s prior express consent before the expiry of the 14-day withdrawal period.
- The Provider is entitled to withdraw from the service contract concluded with the Client in the following cases:
- the client does not provide the necessary cooperation to ensure the provision of services – in particular, does not provide the provider with all the necessary information;
- the client violates these GTC or any binding legal regulations in any way or acts contrary to good morals, or provides content in the order that violates these GTC or any binding legal regulations;
- in the cases further specified in these GTC.
- In the event of withdrawal from the service contract, the service contract shall be terminated from the outset.
- In the event of withdrawal from the contract, the Provider shall return the funds received from the Client within fourteen (14) days of the Client’s withdrawal from the contract for the provision of the Services by wire transfer to the Client’s bank account.
The Provider is not obliged to return the funds if the Provider has started the performance – provision of services based on an explicit request of the Client before the expiry of the withdrawal period; in such a case, the Client is obliged to provide the Provider with a proportionate part of the agreed price for the provision of services provided up to the moment of withdrawal.
- Until the service is provided to the client, the provider is entitled to withdraw from the service contract at any time. In this case, the Provider shall refund the price for the provision of the Services to the Client without undue delay, in cash to the account designated by the Client.
METHOD OF PERFORMANCE AND RIGHTS FROM DEFECTIVE PERFORMANCE
- According to the client’s choice made in the order form, the provider will provide the performance – mediate the client an on-line consultation with a dermatology expert via the website application, including the related notification by e-mail or telephone.
- The provider is only responsible to the client for arranging one non-binding and recommendatory online consultation with a dermatology expert via telecommunication services. The provider is in no way responsible for the health care of the client’s person. The Client acknowledges that the online consultation may only result in a recommendation, including, if applicable, a recommendation to seek medical care, to visit a doctor in person or other similar recommendation.
- The Provider is not liable to the Client for the content of the on-line consultation provided by the expert and the Client acknowledges that the on-line consultation will be of a recommendatory nature only. The Client expressly acknowledges that he/she cannot be provided with an on-line consultation if he/she does not properly fill in the order form or does not disclose the essential facts for the mediation and provision of the on-line consultation.
- The Provider shall not be liable in any way for any defects in the provision of services caused by incorrect or incomplete information provided by the Client (for example, by providing an incorrect contact address, by providing false, incomplete or incomprehensible information in the order form, etc.), by violation of these GTC or legal regulations by the Client or by any other fault on the part of the Client. The Provider is also not liable for defects in the provision of services caused by force majeure, such as power failure, natural disaster, civil unrest, state of war or state of emergency, etc.
- The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations.
- Any rights arising from defective performance (“Claims“) shall be asserted by the Client with the Provider by e-mail to email@example.com. The moment when the Provider receives notification from the Client of the service defect is considered the moment of the claim.
- The Provider is obliged to issue the Client with a confirmation of when the Client exercised any right from defects in the services provided, what is the content of the complaint and what method of handling the complaint the Client requires; as well as a confirmation of the date and method of handling the complaint, or a written justification of the rejection of the complaint.
- A justified complaint will be settled without undue delay, no later than 30 days from the date of the complaint, unless the provider and the client agree on a longer period.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- In the event that the client uploads a photograph, audiovisual recording or other object via the order form, the client hereby grants the provider the right to use this object for the purpose of providing services under this agreement – i.e. for the purpose of providing an on-line consultation with a dermatology expert.
- All logos, information and data on the website are the intellectual property of the provider and the client is not granted any permission to use them.
- The client has the right to an out-of-court settlement of any dispute arising from this service contract, as far as the actual mediation of the online consultation with the expert is concerned. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from service contracts.
For the sake of completeness, it is stated that the client has no right to an out-of-court settlement of any dispute arising from contracts in the field of health services provided to patients by health professionals for the purpose of providing health care, including the prescription, dispensing and provision of medicines and medical devices,
- Information on the processing of client’s personal data by the provider is available here.
- The parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified by the client in the order, respectively. to the Provider’s address listed as the contact address in these GTC.
- If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the service contract or terms and conditions require a written form.
- The contract for the provision of services including the GTC is archived by the provider in electronic form. A sample form for withdrawal from the service contract is attached to the GTC.
- The contact details of the provider are as follows:
Address: ALMIADERM, spol. s r.o.
Motol, 150 00 Prague 5
e-mail address: _____________
Prague, 9. 12. 2020
Sample withdrawal form
Please fill in this form and return it only if you want to withdraw from the contract.
Please note that you are not entitled to withdraw from the contract if you have expressly agreed to the provision of the service before the 14-day withdrawal period has expired and the services have already been provided to you.
Notification of withdrawal from the contract
ALMIADERM, spol. s r.o.
Motol, 150 00 Prague 5
I hereby give notice that I withdraw from the following service contract:
Service required: ______________________________
Order date: ______________________________
Name and surname: ______________________________
V____________ of _________
INFORMATION ON THE RIGHTS AND OBLIGATIONS OF THE CLIENT
1. We provide a proper level of service and cooperate with experts in the field of dermatology. You always know who provides you with online consultation and answers to your questions.
2. We respect our clients and their privacy. We ensure compliance with the rules for the protection of personal data and medical records. We emphasize respect for our clients and their privacy, we respect confidentiality and have adequate security of our clients’ data.
3. We want to help, but we can only do so through this app within the limited possibilities of a remote connection. That is why we need full information from you about your condition and your problems. Therefore, the online consultation is for guidance only. We can only help you as much as technology, remote communication and the information you provide us with will allow.
4. We respect that you have your own doctor. We therefore also need information about your current treatment to avoid possible complications.
5. We only have the information you provide about yourself. We do not verify the information you provide, nor do we seek further information about you. We therefore ask that the information you give us is complete and truthful – only then can online consultations be meaningful and helpful.
6. A consultation via our app cannot replace a personal visit to the doctor. In some cases, we may recommend that you see a doctor or make an appointment with one of our specialists.
7. Consultations are advisory in nature and the opinions of our experts may differ from those of your doctor.
6. We want to be clear, so ask us anytime. We can be reached by email at: firstname.lastname@example.org