General terms and conditions Seeme-nopause

Version UK | November 2023 

Article 1 – Definitions 

The following definitions apply to these Terms and Conditions: 

Account     a personal customer account at SMNP;  

Agreement     the distance agreement for Services concluded between the Customer and SMNP by placing an Order, to which agreement the General Terms and Conditions are applicable;  

Consultation     an online medical consultation with a Healthcare Professional, based on a Medical Questionnaire; 

Customer    the natural person not acting in the course of a business or profession, who visits the Website and/or enters into an Agreement with SMNP; 

Doctor    an independent and registered doctor based in the European Union;  

General Terms and Conditions     the present terms and conditions;  

Healthcare Professional    a Doctor or other healthcare professional, such as a menopause specialist; 

Medical Questionnaire     an online questionnaire, for assessment of the medical history (anamnesis) by a Doctor; 

Order     a request from the Customer to SMNP to arrange for a Consultation with a Healthcare Professional and/or to send a Prescription to a Pharmacy, in the name and for the account and risk of the Customer;  

OTC Medication     a non-prescription or over-the-counter medicine, which does not require a Doctor’s prescription;  

Pharmacy    an independent and registered pharmacy based in the European Union; 

Preferred Treatment    the preferred (type/quantity/dosage of) Prescription Medication as indicated by the Customer at the Consultation for the treatment of the condition or symptoms, also referred to as ‘preferred product’;  

Prescription    an order from a Doctor – following a Consultation – for a Prescription Medication;  

Prescription Medication    a medication available only on Prescription; 

Privacy Statement     the privacy statement applicable to the Services and the Website, as published on the Website;  

Products     OTC Medication, Prescription Medication or other health product; 

Right of Withdrawal    the statutory right of the Customer to withdraw from the Agreement; 

Services     the information on the Website about menopause-related symptoms, as well as the online service consisting of arranging a Consultation, and the possibility to have a Prescription sent to a Pharmacy; 

SMNP    the legal entity eValetudo B.V., trading under the name of SeeMe-nopause, being the owner of the Website and provider of the Services; 

Website    the website www.seemenopause.com, including SMNP’s social media channels. 

Article 2 – Details SMNP 

eValetudo B.V., trading as SeeMe-nopause 

Bijster 18 

4817 HX Breda 

The Netherlands 

 
Telephone: @; working days from 9.00 a.m. until 5.00 p.m. 

E-mail: [email protected] 

 
Chamber of Commerce number: 82960496 

VAT registration number: NL862671127B01 

Article 3 - Applicability of the Terms and Conditions  

1. These General Terms and Conditions apply to all offers made by SMNP, all Orders placed by the Customer, and to all Agreements concluded between SMNP and the Customer. 
2. Before the Agreement is concluded, the text of these General Terms and Conditions will be provided to the consumer in electronic form, and via the Website. 
3. If any provision of these General Terms and Conditions is fully or partially null and void or annulled at any time, the Agreement and the remaining provisions of these General Terms and Conditions will continue to apply in full. The invalid provision will be replaced forthwith, in mutual consultation, by a provision that respects the purpose and purport of the original provision as much as possible. 
4. If a situation not provided for in these General Terms and Conditions arises, the situation shall be assessed according to the spirit of these General Terms and Conditions. 

Article 4 – Description of the Services  

1. Seemenopause.com is an informative website as well as online consumer service. The Website provides information on the menopause, menopausal symptoms and the possible treatment thereof.  

2. SMNP is not an (online) doctor or (online) pharmacy, but at the request of the Customer arranges a Consultation with a Healthcare Professional and/or the sending of a Prescription to a Pharmacy and/or the delivery of a Product by a Pharmacy. 

3. The Services are only available in the countries stated on the Website.  

Article 5 – The Offer 

1. Offers on the Website and information presented on the Website only constitute an offer by SMNP to the extent related to the Services. Consultations and Products are offered on the Website by the Healthcare Professional and the Pharmacy respectively. 

2. All offers on the Website are without obligation. SMNP is entitled to change or adjust the offer. Obvious errors or mistakes with regard to the offer – including an incorrect price – will not be binding on SMNP, the Healthcare Professional and/or the Pharmacy. 

3. All images and specifications regarding the offer are indicative and cannot give rise to damages or cancellation of the Agreement. 

4. The prices stated on the Website include, unless stated otherwise, the cost of a Consultation, the cost of the Product, a service fee for SMNP, shipping costs and VAT. 

Article 6 – Order and Agreement 

1. The Agreement is concluded, subject to the provisions of paragraph 2, when the Customer accepts the offer and the applicable conditions have been met. 

2. SMNP may verify – to the extent permitted by law – if the Customer meets SMNP’s requirements to receive a Consultation and/or a Product, and may investigate the facts and factors that are relevant for a responsible conclusion of the Agreement. If, based on this investigation, SMNP has good reason not to conclude the Agreement, it will be entitled to refuse an Order or request. 

3. An Agreement is concluded on the suspensive condition that the delivering Pharmacy has the requested Product in stock.  

4. Delivery times stated are indicative. The Customer cannot derive any rights from the stated delivery times. Exceeding the delivery time does not entitle the Customer to compensation. 

Article 7 – Consultation and Products 

1. The Medical Questionnaires have been prepared carefully in consultation with the Healthcare Professionals and SMNP’s Medical Advisory Board, and comply with medical ethics guidelines.   

2. The Healthcare Professional provides the Consultation to the Customer directly. To this end a medical treatment agreement is concluded between the Customer and the Healthcare Professional. 

3. At the Consultation, the Customer may to indicate a Preferred Treatment. The Preferred Treatment will be passed on to the Doctor by SMNP, but SMNP does not have any influence on the Consultation, the assessment of the Medical Questionnaire, the issue (or not) of a Prescription and/or the prescription of the Preferred Treatment by the Doctor. The Doctor is completely independent and is in no way influenced by SMNP to prescribe certain Products. The purpose of a Consultation is primarily to consult a Doctor and not to obtain a Prescription.  

4. If a Doctor determines that the Customer is eligible for the indicated Preferred Treatment, the Doctor can issue a Prescription for the treatment. The Doctor is under no obligation to prescribe the requested Preferred Treatment, or to prescribe any Product at all. The Doctor may also prescribe a different Product or a different quantity or dosage of the Preferred Treatment. The Customer will be informed thereof and will be entitled to cancel the Order free of charge.  

5. The requested Preferred Treatment or the Product prescribed by the Doctor may be subject to restrictions with regard to the frequency and/or quantity. It is always at the sole discretion of the Doctor or delivering Pharmacy to decide on this.  

6. The Doctor determines whether a Product can be prescribed to the Customer without risk. Therefore it is of the utmost importance that the Customer informs the Doctor fully, and fills in the Medical Questionnaire truthfully, accurately, and completely. The omission of relevant information could result in Products being prescribed that are potentially harmful to the health of the Customer.  

7. If the Customer is unable or unwilling to complete the Medical Questionnaire, no Consultation can be arranged.  

8. The Customer is responsible for informing her own GP or medical specialist of any Consultation and/or prescribed Products. 

9. The Medical Questionnaire may only be completed in a personal capacity and for personal use.  

10. SMNP itself does not offer Products but gives Customers, at their request, access to a Pharmacy in a safe, fast, and discreet manner. The sale and delivery of Products, if applicable, is agreed between the Customer and a Pharmacy. 

Article 8 – Term, Termination and Extension 

1. An Agreement entered into for a definite period of time for the regular purchase of Products or Consultations, will not be tacitly extended or renewed for a definite period. The Customer is entitled to terminate the Agreement with effect from the end of the term, subject to a notice period of one month. 

2. An Agreement entered into for an indefinite period of time for the regular purchase of Products or Consultations, will be tacitly extended for an indefinite period. The Customer is at all times entitled to terminate the Agreement, subject to a notice period of one month. 

Article 9 – Liability  

1. SMNP shall only be liable in the cases set out in the applicable laws and regulations. 

2. The liability of SMNP shall be limited to the Services it provided. SMNP shall in no way be liable for any act or omission on the part of external parties, such as Healthcare Professionals, Pharmacies, carriers or payment institutions. SNMP shall never be liable for any adverse effects of a Consultation or the use of Products. 

3. The liability of SMNP shall be limited – to the extent permitted by law – to ten times the value of the Agreement. Liability for any indirect damage or loss is always excluded. 

Article 10 – Right of Withdrawal and Return 

Products: 

1. When purchasing Products, the Customer can cancel the Agreement within 14 days without having to give reasons. That reflection period commences on the day after receipt of the Product by the Customer. 

2. During the reflection period referred to in paragraph 1, 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 her Right of Withdrawal, she shall return the Product to SMNP along with all accessories in its original condition and packaging, if reasonably possible, in accordance with SMNP instructions. 

3. If the Customer wishes to exercise her Right of Withdrawal, she must notify SMNP thereof within 14 days of receipt of the Product. For that purpose the Customer shall use the model form included in these General Terms and Conditions. After the Customer has notified SMNP she wishes to exercise her Right of Withdrawal, she must return the Product within 14 days. The Customer is required to prove that the delivered Product has been returned in a timely manner, for instance by means of a proof of dispatch. 

4. If the Customer has not notified SMNP that she wishes to exercise her Right of Withdrawal within the period stated in paragraph 2 and 3, or has not returned the Product to SMNP, the purchase is definitive and the Right of Withdrawal can no longer be exercised.  

Consultations: 

1. When booking Consultations, the Customer can cancel the Agreement within 14 days without having to give reasons, from the day the Agreement is entered into. 

2. If the Customer wishes to make use of her Right of Withdrawal, she will do so in accordance with SMNP instructions. 

Return 

1. Except under the Right of Withdrawal, it is not possible to exchange or return Products or Consultations. 

Article 11 – Costs in the event of Withdrawal  

1. In the event of exercising the Right of Withdrawal, the Customer will be charged no more than the cost of returning the item. 

2. If the Customer has already paid any amount, SMNP will refund that amount as quickly as possible and no later than within 14 days after the withdrawal. This is subject to the condition that the Product has already been received by SMNP or that conclusive proof of the return can be provided. The refund will be made through the same method of payment as the Customer used to pay, unless the Customer expressly agrees to another payment method. 

3. In case of damage to the Product due to careless handling by the Customer, the Customer shall be liable for any decrease in value of the Product. 

4. The risk and burden of proof for a timely and proper exercise of the Right of Withdrawal lie with the Customer. 

Article 12 – Exclusion of the Right of Withdrawal 

1. The Right of Withdrawal is excluded for Products of which the Customer has broken the seal. The Right of Withdrawal is always excluded for Prescription Medication for reasons of health protection. 

2. The Right of Withdrawal is excluded for Consultations and Services which are provided before the reflection period referred to in article 10 has expired. 

Article 13 – Collection and Use of Personal Data  

1.    SMNP collects and uses the Customer’s data to perform the Agreement. Medical data will only be collected and retained for and on behalf of the Healthcare Professional and/or the Pharmacy.   

2.    The Privacy Statement shall at all times apply to the Services.   

Article 14 – Complaints Procedure 

1. Any complaint about the performance of the Agreement must be made in writing to SMNP clearly and in full within a reasonable period after the discovery of the defect or failure. 

2. Complaints filed with SMNP shall be dealt with within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, SMNP will reply within 14 days with a notice of receipt and an indication of when the Customer can expect a more detailed answer. 

3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. The Customer will then have the possibility to report the complaint via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr.  

Article 15 – Disputes 

1. Unless mandatory law provides otherwise, the Agreement is governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded. 

2. Any dispute arising from the Agreement shall be brought before the competent court of Breda, The Netherlands, unless mandatory law provides otherwise. 

Article 16 - Amendments 

1. SMNP at all times reserves the right to amend the General Terms and Conditions, without prior notification. Amendments to these Terms and Conditions shall only enter into force after they have been published appropriately. In the event of amendments during the validity period of an offer the provision that is most favourable to the Customer shall prevail. 

Model Form for Withdrawal  

(only complete and return this form if you wish to withdraw from the agreement)  

To: eValetudo B.V. 

Bijster 18 

4817 HX Breda 

The Netherlands 

E-mail: @@@@@ 

— I/We (*) hereby inform you that I am/we are (*) withdrawing from the agreement regarding the sale of the following goods/provision of the following service (*): 

— Ordered on (DD-MM-YYYY):                    

— Order number: 

— Received on (DD-MM-YYYY): 

— Name/Names Customer(s): 

— Address Customer(s): 

— IBAN account number: 

— Signature of consumer(s) (only if this form is filed in paper form): 

— Date (DD-MM-YYYY): 

(*) Delete as applicable