Terms and Conditions supportpharm

1. Definitions

Conditions: these general terms and conditions
Customer: legal or natural person who buys or agrees to buy Products and/or Services from supportpharm;
Order Confirmation: written acceptance by supportpharm of Customers' order;
Price: the total remuneration for Products and/or Services payable by Customer to supportpharm;
Products: an individual good as described in any current document published by supportpharm physically and/or on it internet site, or in any Order Confirmation which the Customer buys or agrees to buy from supportpharm

2.1 These Conditions shall apply to all contracts for the sale of Products and/or Services by supportpharm to Customers.

2.2 These Conditions are to the exclusion of all other terms and conditions unless agreed in writing with supportpharm.

2.3 All orders for Products and/or Services shall be deemed an offer by Customer to purchase such Products and/or Services pursuant to these Conditions.

2.4 supportpharm accepts Customer's offer to purchase under these Conditions by issuing an Order Confirmation to Customer. Customer shall be responsible for reviewing the Order Confirmation and should contact supportpharm promptly if Customer notices any mistake or discrepancy.

3.1 supportpharm quotations are valid only if in writing and for 10 days after the quotation date, unless otherwise stated in the quotation.

3.2 As supportpharm's policy is to continually improve Products and Services. supportpharm reserves the right to change specifications of Products and Services as noted in the Order Confirmation. supportpharm guarantees at least equivalent functionality and performance in all cases and will not make any significant variations without Customer's agreement.

4.1 The Price that Customers have to pay will be shown on supportpharm's Order Confirmation and invoices.

4.2 Payment shall be made before supply or Service, or if agreed in writing, within 30 days of the date of invoice. supportpharm may suspend delivery until full payment is received.

4.3 For orders from a larger group to be delivered in the future, supportpharm may adjust prices due to changes to exchange rates, duties, insurance, freight and purchase costs.

4.4 If payment is not received by the due date, the legal rate of interest will apply on the late amount. If supportpharm must recover the payment, recovery costs are to be paid by Customer.

5.1 The delivery date specified in the Order Confirmation is an estimate. The place of delivery is as stated in the Order Confirmation.

5.2 For practical reasons, Products may be delivered by instalments.

5.3 supportpharm will only be deemed to default in delivery if you have sent a written reminder, such reminder to be sent not earlier than 2 weeks after expiry of the approximate delivery date. Any revocation / withdrawal from the contract prior to doing so is excluded.

5.4 Any missing, wrong or damaged Products or packaging should be noted on the waybill prior to signing it.

Risk passes to Customer on delivery of the Products.

7.1 For justified returns, Product(s) must be made available for collection as and when reasonably requested by supportpharm.

8.1 supportpharm agrees that Products and Services will be free from defects for a period of 12 months from the delivery date. Should Products or Services be defective within the relevant period, supportpharm will repair or replace these within a reasonable period. In case of supportpharm's failure to repair or replace, Customer shall be entitled to claim a reduction of the purchase price which is equivalent to the decrease in value of the Product or spare part or Service (Minderung), as the case may be. The right to rescind the agreement (Wandelung) is excluded, unless the decrease in value of the Product or spare part or Service is equivalent to the purchase price.

8.2 supportpharm does not give any warranty that the Products or Services are fit for any particular purpose or that the Products or Services will achieve any particular performance criteria unless agreed in writing by supportpharm.

8.3 supportpharm's warranty is contingent upon proper use of the Products and does not cover any part of the Products which have been modified or repaired without supportpharm's prior written consent. The warranty does not apply if a defect is caused by an external cause such as accident, hazard, humidity control, electrical stress or other environmental conditions.

8.4 supportpharm will pass to Customers the benefit of any warranty or guarantee given by the manufacturer or supportpharm supplier of Products.

8.5 Except as expressly provided in these Conditions, no warranty, express or implied, as to the condition, quality, performance, merchantability, or durability of the Products is given or assumed by supportpharm and all such warranties are hereby excluded.

By accepting these Conditions, I affirm as if under oath and state truthfully that:

9.1 I am a competent adult at least 18 years of age.

9.2 I am permitted by law in my locale to receive the medication(s) I am requesting for my personal medical and therapeutic purposes.

9.3 I, the patient, have had a recent physical examination and medical history evaluation by a duly licensed local physician who is available and whom I agree to contact for any necessary local follow-up care and intervention, in case I have any difficulties, possible complications, or questions. I know also that I may contact the prescribing physician and the dispensing pharmacy, and I will keep those telephone numbers available.

9.4 I have been fully informed by trained health care personnel and understand the risks, benefits, and possible side effects of the prescription medication(s) I may request. I have studied written or internet materials on possible side effects of the prescription medication(s) I may request, including websites and links that offer in-depth material.

9.5 I also affirm that I have previously safely used the medication(s) I may request, under a physician's supervision, or I have been advised by my examining physician that the use of the medication(s) is not contraindicated for me and is appropriate for my personal therapeutic and medical needs.

9.6 I affirm that I have answered and will answer all questions truthfully, for my safety, just as I would in my local physician's office and under that physician's care. I have fully and completely disclosed any and all information concerning my health and medical history that may possibly be relevant in any way to my request for this medication.

9.7 I am requesting the prescription medication(s) solely for my own use for my personal therapeutic and medical needs, and will not give, sell or distribute any of the medication to others.

9.8 I am requesting that a licensed prescriber act only in an adjunct capacity to my local physician, and not replace my local physician, when reviewing my request. I further request the prescriber to authorize the prescription medication(s) for dispensing by supportpharm´s associated licensed pharmacy.

9.10 I affirm that I am seeking the prescription(s) for a necessary supply of medication for myself, not to stockpile medication beyond an already adequate supply on hand.

9.11 I will promptly contact my local physician for any necessary medical intervention should a complication or concern result related to the use of a requested medication.

9.12 I agree not to take any over-the-counter medicines without approval from my pharmacist or local physician who is informed of my use of this and all medications.

9.13 I affirm that I have never been advised of any abnormality with my blood pressure, either high or low. I agree to monitor my blood pressure at least once every 10 days. If my blood pressure is over 140/90 (either the top number is greater than 140 or the bottom number is greater than 90), I agree to stop taking this medication immediately and to contact my local physician.

9.14 I am allowed by law to use the credit card that will be used if my request is approved and processed.

9.15 I understand, accept, and agree to each of the following statements:

9.16 I understand that use of this website is completely voluntary and initiated by me. I attest that I am accessing this site because I am seeking treatment for an identifiable medical or cosmetic condition. I understand that all prescription medications purchased cannot be returned or refunded.

9.17 I am aware that the physician reviewing my Medical History questionnaire will not have the opportunity to conduct an in-person physical examination (referred to as the "Prescribing Physician" throughout the remainder of this Agreement). I attest that I have undergone a comprehensive, in-person physician-conducted physical examination by my primary care provider within the last twelve months and will provide my Prescribing Physician with a copy of my medical records related to this examination upon request. Furthermore, I will report the results of this examination along with any other significant aspects of my past or present health history or current health status including a list of all prescription and over-the-counter medication I take once a week or more often on the Medical History questionnaire I submit to this website. I also acknowledge that there is a blank field at the body of the Medical History questionnaire that allows me to note any additional information about me that the Prescribing Physician should know before prescribing the requested medications. I understand that the Prescribing Physician will determine whether it is medically appropriate for me to receive the medication I have requested based on the information I provide in the Medical History questionnaire, and, therefore, I have an absolute obligation to answer that Medical History questionnaire completely and in a truthful manner for my safety. I agree to provide the Prescribing Physician with any additional information he or she requests beyond that which I supplied as part of my Medical History questionnaire. I also understand that if I fail to answer the Medical History questionnaire honestly, accurately, and completely, my inaccurate answers could cause the Prescribing Physician to unknowingly make an inappropriate treatment decision that could affect my physical or mental health.

9.18 I understand that my Medical History questionnaire will be reviewed by a Prescribing Physician who is located and is licensed to practice medicine. I am aware, however, that the Prescribing Physician reviewing my Medical History questionnaire and prescribing any medication may NOT be located in the state where I am located at the time I submit my Medical History questionnaire to this website. I agree that all medical decisions made by the Prescribing Physician regarding whether any drug treatment is medically appropriate for me will be deemed to have occurred in the state where the physician is physically located, and not the state where I am located, should they be different. I attest I am under the care of a primary care physician and I do not consider the Prescribing Physician to be my primary care or specialist physician. I will not rely on or substitute the advice given by the Prescribing Physician should it contradict with the advice given to me by my local physician.

9.19 In the event the Prescribing Physician determines the medication I requested is medically appropriate for me, I agree to notify my local physician that before I begin taking such medication. I recognize it is my responsibility to seek regular physical examinations, including any suggested laboratory tests, to ensure that I do not have a condition which will make my taking any medication prescribed by the Prescribing Physician inappropriate or dangerous. I am aware that there exists potential side effects associated with taking any medication. By requesting this on-line evaluation, I personally accept all risks involved in taking any medication that may be prescribed by the Prescribing Physician and I will not seek any refund, remuneration or damages of any kind from, or make any other claim for liability against supportpharm, its parent company, subsidiaries, affiliates, employees, contractors, shareholders directors or partners, or the Prescribing Physicians if I experience any side effects or injury as a result of taking any medication purchased from supportpharm or its affiliates. I understand that neither supportpharm nor the Prescribing Physician makes any guarantee that the prescription medicines I am requesting will provide the results I seek.

9.20 I hereby indemnify, release and hold harmless supportpharm from any and all claims related to allegations that the Prescribing Physician acted unprofessionally or below the applicable standard of reasonable medical care because he/she did not perform an in-person physical examination on me and relied on my Medical History questionnaire. I understand that, for purposes of determining whether it is medically appropriate for me to receive the requested medication(s), the Prescribing Physician will form his or her medical opinion based on review of the information I provide in my Medical History questionnaire and any additional information I may provide.

9.21 I acknowledge that supportpharm does not practice medicine. I understand that supportpharm only offers an on-line forum that allows me to request a physician evaluation regarding a particular health condition based on the information I provide on my Medical Health questionnaire. I further understand that supportpharm provides certain management and administrative services to the Prescribing Physicians such as, but not limited to, storage and maintenance of medical records, marketing services, and contracting with the web site hosting company.

9.22 I acknowledge that the Prescribing Physicians are not employees of supportpharm, rather they are independent contractors to whom supportpharm forwards my information for review and response. Neither supportpharm, nor any of its affiliates, directs, controls, or influences the treatment decisions made by the Prescribing Physicians with respect to my care and/or my request for certain medication(s). Accordingly, I hereby indemnify, release and hold harmless supportpharm from any and all claims and liabilities related to any negligent act or omission of the Prescribing Physicians;

9.23 I understand that my medical record is the property of the Prescribing Physician, but is stored and maintained by supportpharm pursuant their written privacy policy which I have reviewed. I hereby consent that, because supportpharm forwards the information I submit to this website to a Prescribing Physician, supportpharm may have access to all my personal information including my health information, and may retain and use any and all portions of my medical record in accordance with the Privacy Policy posted on this website. I understand that I have a right to access the personal information supportpharm has collected about me through this website and to request that the Prescribing Physician correct any inaccuracies with corrections I provide to him or her. I also understand that I may request a written copy of my medical record and that I will be charged a reasonable administrative fee for copying and mailing such records.

9.25 This document also serves as my consent and authorization to allow supportpharm and the Prescribing Physician access to any of my medical records and all medical data contained in the "Medical History" questionnaire including, but not limited to, any health information regarding HIV, mental health, alcohol, drug or substance abuse conditions or treatments ("Medical Information"). I hereby authorize my local physician to release or disclose to my Prescribing Physician any and all Medical Information that the Prescribing Physician deems necessary to form his/her medical opinion. I can revoke this authorization at any time by providing written notices to the website. I understand that a revocation of authorization for my local physician to disclose my Medical Information will not apply to Medical Information already in the possession of supportpharm or the Prescribing Physician.

Neither party is responsible for non-performance in case of circumstances beyond its reasonable control (force majeure) including without limitation, strikes, terrorist acts, war, supplier/transport/production problems, exchange fluctuations, governmental or regulatory actions, or natural disasters. Either party shall be entitled to a reasonable extension of time for performance, however, if such circumstance should last longer than 60 days, each party has the right to terminate without compensation by providing notice in writing.

Personal data obtained by supportpharm from Customer shall be held and processed in accordance with all applicable laws and consistent with supportpharm's Privacy Policy. supportpharm may share such personal data with other supportpharm entities, agents, or subcontractors performing services for supportpharm. supportpharm may also transfer personal data to affiliated companies, which may be outside Switzerland or the European Economic Area. In such case supportpharm will provide adequate protection to safeguard personal data.

Each party must treat all information received from the other which appears to be confidential as it would treat its own confidential information generally, but no less than to a reasonable degree of care.

Either party may terminate if the other: (i) commits a material or persistent breach of these Conditions and fails to remedy such breach within 30 days of written notice; or (ii) the other becomes insolvent or is unable to pay debts as they fall due. supportpharm may typically terminate this Agreement with immediate written notice if Customer: (i) defaults in payment and such default has not been cured within 2 weeks though supportpharm has given Customer notice of such default and set a term for payment ("Nachfrist"); ; or (ii) Customer breaches or supportpharm reasonably suspects Customer has breached export control laws.

Any mandatory consumer laws which are applicable are unaffected by these Conditions.

15.1 Swiss law is applicable and both parties agree to submit to the exclusive jurisdiction of the Geneva courts. The Vienna Convention on Contracts for International Sales of Goods is excluded.

15.2 If any part of these Conditions are found to be unenforceable by a court, the rest are unaffected. All notices must be in writing and sent to a legal officer of each party, at the address provided on the invoice.

15.3 ALL INFORMATION , PRODUCTS, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BY MY USE OF THIS WEB SITE, I ACKNOWLEDGE THAT SUCH USE IS AT MY SOLE RISK. I ALSO AGREE THAT THE AGGREGATE LIABILITY OF supportpharm ARISING FROM OR RELATED TO MY USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM supportpharm IN THE APPLICABLE TRANSACTION. supportpharm SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF supportpharm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. I UNDERSTAND AND AGREE THE supportpharm IS NOT RESPONSIBLE FOR THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF ANY HEALTH CARE PROVIDER, SUCH AS THE PRESCRIBING PHYSICIAN OR PHARMACY, TO WHICH supportpharm MAY CONNECT ME.