We enable digitized personal access to the world’s most innovative medicine, bridging health systems and saving lives. We support people with questions about newly approved medicine that is unlicensed or unavailable in the person’s country, as well as with purchasing those medicines (collectively: “our services”) through pharmacies.
The following terms and conditions (“Terms”) apply to all support services including use of the website. By using our support services, you automatically confirm and agree with these Terms.
NOTE: Throughout this document, the following terms are used:
- “We”, “us”, “our” refer to us and our services;
- “Community member”, “you”, “your” refer to any individual or entity making use of our services, including our expert support service or the purchase of unlicensed medicines;
- “Buyer” refers to any Community member after they sign a purchase contract;
- ”Supplier” refers to any (hospital) pharmacy, on whose behalf we purchase unlicensed medicines and which physically supplies them to the patient;
- “Sourcing partner” is used to refer to any entity supporting us with the sourcing of unlicensed medicines.
Objective of our Services
We provide information and tools for patients, doctors, care providers, pharmacies, hospitals and all those involved with a patient’s treatment. We support Community members with purchasing unlicensed medicines for their personal use via our network of Suppliers.
Our services are not intended to replace a one-on-one relationship with a qualified healthcare professional, and we do not provide medical advice.
The objective of our services is to share information and knowledge. We encourage patients to make well-informed healthcare decisions, guided by their own research and in partnership with qualified healthcare professionals.
Using Our Services
We expect that its Community members act in accordance with the law and regulations when using our support services.
Our website and our information support service are free. If a Community member purchases a medicine through our liaise pharmacies, a handling fee (“Named Patient Access Fee”) applies, in addition to the medicine’s purchase price, expenses of logistics and any applicable taxes.
As a Community member, you are not permitted to duplicate, or sell information obtained, even after editing it. The information shared as part of our services can only be copied or shared for personal, non-commercial use. In doing so, you must retain all copyright or other proprietary notices. The names of our Medicine Access Experts and team members may not be published.
As our Community member, you should not:
- use our services in a way that may harm us, patients, doctors, other Community members, or third parties;
- send unsolicited commercial emails (“spam”) to people whose information you received as part of our services;
- threaten, insult, discriminate or hinder others;
- spread computer viruses or documents that contain harmful components.
Data Processing
When using our support services, your data is subject to our Privacy Policy. We process data with the utmost care, and in compliance with the Data Protection Act (DPA) and all applicable legislation. In line with the DPA, your personal data is stored for 3 years. Anonymized data, amongst others related to treatment usage and outcomes, is stored for up to 10 years.
By using our services, you give us full authorisation to share relevant parts of your data with third parties when and only if that is required for the provision of our services (e.g. suppliers, sourcing partners, customs and import authorities). Anonymized data, amongst others related to medicine usage and outcomes may be shared with third parties such as for example pharmaceutical and medical research parties, amongst others in the benefit of further scientific health innovation. We never share your personal data with irrelevant or untrustworthy parties.
Since we process data provided by Community members and third parties, we are unable to guarantee the accuracy and completeness of the data stored and processed through our services. The Community member or any other person authorized by us to add data to our website, is responsible for the accuracy and reliability of that data.
We are a tool and source of information for patients, doctors, pharmacies, hospitals and others involved in patient care. To achieve our objective, we do not allow providing fictional or incorrect data through our services.
Confidentiality
All personal data provided to us by the Community member as part of a request for a medicine is treated as strictly confidential and only used to process their request.
Any data the Community member shares on the public parts of our website or social media (e.g. blog, forum) is not considered confidential. By sharing this data, you allow us to use, publish, change, translate, or delete it. Before sharing any data, you must ensure that you are authorized to share it, or get permission to share it. We are not liable for any claims by third parties related to data shared by a Community member on the public parts of our website.
Disclaimer Concerning Data
Neither we nor our partners, or anyone involved in creating, producing, or delivering our services, is liable for any loss, damage or cost that might result from relying on the information provided by our support services. This includes problems with using, not being able to use our support services, or any mistakes or omissions in the information provided.
This limitation also applies to any loss, damage or cost caused by viruses that infect your computer equipment, software or data.
When you use our support services and the user-generated data on our website, you are doing it at your own risk. We can change or remove data at any time.
We try our best to include correct and up-to-date information in our services. Community members should understand that we also relies on the knowledge of others to provide accurate information.
We do not guarantee that their information is correct, current, high-quality, complete, or fit for a specific use. We disclaim any such warranties, express or implied, to the fullest extent permitted by law.
Third-Party Websites and Links
Our services may contain links or references to other websites that do not maintain or control. These links are provided for our Community members’ convenience.
You might also reach our services via third party links that we do not control. We do not guarantee that the information on these third party websites is correct, current, high-quality, complete, or fit for a specific use.
We have no liability for any loss, damage or cost of any kind that might result from the information on these third party websites. If we include a link to a third party on our website, this does not imply we endorse or recommend it.
Rights
We and our partners own all rights, including intellectual property rights, to the content of our services, insofar as these rights are not held by third parties whose material has been made available through our services. We reserve the copyright to the content of our internet services and our website.
The Community member acknowledges that we and our Suppliers own the rights to the content and data on our internet services and our website. This also applies in the event that this content or data has been changed by someone other than us or our suppliers, including the Community member.
Unless it is clearly allowed, you may not copy, display, download, distribute, change, reproduce, republish or retransmit any information, text or document contained on our website, either in digital or printed form. You are also not allowed to create any derivative work based on it, without our written permission.
Our name and logo are registered trademarks. However, they may be used by Community members to spread knowledge about our support services, as long as we are appropriately credited.
Purchasing Products
When purchasing products through our partner pharmacies, the following Terms apply.
Licenses and Registrations
We hold a certified pharmaceutical wholesale distribution license, registered with the Dutch Ministry of Health, Welfare and Sport, number 16258 G. We are registered with the Dutch Chamber of Commerce under number 62439715. we are registered with the Dutch Ministry of Economics Affairs as a social enterprise.
Purchase Contract
When purchasing a medicine through Our website, the purchase contract is made between the Community member (hereafter “Buyer”) and the respective liaison partner pharmacy (hereafter “Seller”) who can best supply the medicine requested.
We represent the Seller and acts as the contact person for the Buyer. We are responsible and liable for the quality of medicines and their accurate delivery to the Seller. The Seller is responsible and liable for the final quality check of medicines and their accurate dispatch to the Buyer.
Purchase Process
- When you as a Buyer submit a request for a medicine to our Medicine Access Experts, you will receive a specific, non-binding offer. All offers made by us are without obligation and non-binding, unless they have been clearly described in writing as binding.
- If you accept this offer via email or phone, you are making a legally binding contract our liaison Seller.
- After accepting an offer, we will confirm your purchase on behalf of the Seller with an order confirmation. From this moment onwards, you can no longer withdraw from the contract. You are obliged to make a payment within 7 days of accepting the offer. You are also obliged to provide us with all documents relevant to the purchase, such as a prescription and all necessary import documentation, if applicable.
- As soon as we have received your payment, our Expert team will send you an invoice for confirmation and start working on sourcing the product you want to access.
Responsibilities and the Buyer
We are responsible and liable for finding the genuine product in the right condition as required by law, and making it available for shipping, export, and import. As a registered and certified pharmaceutical wholesaler distributor, we commit to the international standards of Good Distribution Practice for medicine.
Once the product has been shipped and has arrived at the destination country (but has not passed through customs yet), the risk of the quality of the product transfers to the Buyer. We do not accept any obligation or liability in respect of legal and regulatory compliance from that point onwards, unless agreed upon and confirmed in writing upfront differently.
We will support the Buyer with the right information and documentation to process a legal import. However, the Buyer is responsible for handling the import of the product inside their home country, unless agreed otherwise in writing.
If the Buyer fails to perform their duties arising from this provision, we will not reimburse any resulting injury, loss or damage, nor send a replacement product.
Unless otherwise agreed in writing with the Buyer, we accept no liability for the scrapping, loss, seizure, destruction or damage of the product as a result of import controls, lack of approvals, inspections, customs duties or other circumstances connected with the import of the product into a country, unless agreed upon and confirmed in writing upfront differently.
Prices
Unless otherwise agreed in writing, the price of a product to be supplied by us will be the latest price in Euros as listed.
The prices published on our website are indication prices and do not include:
- the Access Support fee;
- Value Added Tax, custom duties and fees or equivalent local and national taxes or any other public taxes, if applicable, unless otherwise stated in writing;
- logistical costs such as shipping fees and fees for temperature controlled packaging.
After accepting an offer, the Buyer is obliged to make the payment for their product and the services within 14 days.
Non-refundable deposit
In some cases, the Buyer might be asked to pay a non-refundable deposit of 10-50% of the order amount. This might be needed when we have to take specific actions to ensure an order is processed and delivered on time. The deposit is, if applicable, used to cover Access Support and Sourcing costs necessary to source a medicine on time.
If a deposit is needed in your case, the Medicine Access Experts will inform you.
Please note that making a deposit does not guarantee that we will be able to get the product for you in time. If you have paid the 10-50% deposit of the purchase price, and we have not been able to source the product for you in time, the deposit will only partially be refunded, depending on the occasion and circumstances, as determined by our discretion.
Delivery Times
Delivery times will vary based on the medicine you’ve ordered.
We will provide you with an estimate of delivery time when you accept our offer. However, this estimate is non-binding, since we nor the Seller have no control over the export, import and sourcing duration.
Due to the specific nature of supply and delivery of unlicensed medicines under the Named Patient Import regulation, lead times for availability, supply, customs handling and/or delivery are unpredictable. This is a risk you as the Buyer always need to be aware of. Delays within the process are never a reason to claim a refund.
We will do everything possible and needed to support the import and ensure speedy sourcing and delivery. If the expected sourcing and delivery time extends our estimate, we will inform you accordingly. This is however not a reason for a claim or refund.
Repeat Orders
If a Buyer wishes to place a repeat order for a medicine, they must inform us in writing 6 weeks before their current supply of the medicine runs out. Within 2 weeks after receiving the repeat order, our Seller will ensure the supply of the medicine.
If the Buyer does not place a repeat order for the medicine or places one less than 6 weeks before their current supply runs out, We nor the Seller can guarantee the availability of the medicine.
Claims
If upon receipt of your order you discover an issue with a product, you need to immediately inform us in writing. You can do so by sending an email within 24 hours via our Customer Support email. Your email must contain appropriate proof of the issue you are reporting (e.g. photos). Your claim can only be granted if you follow the instructions provided by our Expert team.
If you discover an issue or unexpected problem with a product at a later stage, you need to immediately, but latest within 24 hours, inform us by email at with subject Urgent Problem.
Product Returns
Our Seller cannot accept product returns, as every purchase is made on an individual Named Patient Import basis. That means, every medicine will be sourced for a specific patient. It is not allowed to store or resell unapproved medicine to another patient. Because of this, our Seller is legally not allowed to take medicines back.
Refund Policy
Community members/Buyers come to us and our liaise pharmacies to buy a medicine that is unapproved or unavailable in their country. To make this purchase and delivery possible in a legal way, We use the “Named Patient” import regulation. This is a highly specific supply and delivery process which differs from regular supply chains.
Medicines sourced within the “Named Patient” import regulation are intended for an identified patient and their treating doctor. These medicines cannot be resold to another patient, or returned to the Sourcing partner. The unique nature of this process requires our Sellers to have a very strict policy on refunds.
Refunds due to delays
Due to the complex and specific nature of the “Named Patient” import process, lead times can be unpredictable. This is a risk the Buyer needs to be aware of. Delays within the process are never a reason to claim a refund.
Refunds due to a patient’s passing
Unfortunately, a Buyer can also not claim a refund if the patient passes away before the medicine has been delivered. The special release and supply of an unlicensed medicine is always organized on behalf of an identified patient and their registered doctor.
The medicine, once released, is legally not allowed to be delivered to another person than the identified patient. It can also not be returned to the Sourcing partner.
In some very exceptional situations, it might be possible for the Sourcing partner to accept the return of the medicine (one of the most important requirements being that the medicine never left the controlled supply chain). However, these exceptional cases are decided upon by the Sourcing partner and are out of our Sellers control. If the Sourcing partner accepts a return, they will always charge a return of goods penalty which is most often around 50% of the amount paid for the medicine. The amounts paid for the Access Support Fee, paperwork, taxes and logistics can in such situations not be refunded. Additional expenses of paperwork and/or logistics to organize a return of goods will be deducted from the refund, if any.
Refunds due to price fluctuations
Prices for which unlicensed medicines can be sourced, can fluctuate in an unforeseen manner during the sourcing process.
A price increase up to and including 10% of the medicine price is not a reason for a cancellation and refund. In such a situation, the Buyer needs to pay the additional amount within 5 working days to enable prompt delivery.
Price increases of over 10% can be a reason for order cancellation, to be decided upon by the Buyer. If the Buyer chooses to cancel, the full amount of the medicine price and the logistics costs will be refunded to the customer within 10 days after cancellation. Support service fees will not be refunded.
If the Buyer chooses to proceed with the order, the Buyer will have to settle the additional amount within 5 working days, after which the supply process will proceed. Please be aware that sourcing can only proceed after the additional amount has been received. This might influence the estimated delivery time.
Refunds when a medicine is not sourcable
If our Seller is, due to unforeseen circumstances, not able to source the medicine anymore, We are allowed to cancel the order. We will inform the Buyer and the full invoice amount will be refunded to the Buyer.
Other refunds
In case the Buyer chooses to cancel an order for reasons other than those stated above, We will refund 50% of the total invoice amount to the Buyer.
Modification and Referral
We reserve the right to change data on our internet services and website without notice. Reference to products, services, processes, other data, trade names, trademarks, manufacturers, suppliers, or other designation, does not imply our approval, support or recommendation thereof.
Applicable Law
On these Terms as well as on any legal actions or matters relating to the use of our website or support services, The Hague Dutch law is applicable. The Hague courts shall have exclusive jurisdiction over any disputes arising in connection with our support services or website.
Termination of use
We reserves the right to block or prevent, without notice and at its discretion, a user’s future access to and use of our website or support services.