Terms and Conditions
Contact Information
Platform Operator: Fellos B.V., operating under the names Goodweigh and Fellos. Chamber of Commerce number: 93317336
Medical service provider: Mila Medical B.V. Chamber of Commerce number: 98886770 Address: Joan Muyskenweg 42, Amsterdam-Duivendrecht. Medical Director: Drs. T. Smaal-Mousawi (BIG: 59064386401). AGB code: 01011510. Website: medical.milahealth.co
Partner pharmacy: ApotheekZorg Farmacie Chamber of Commerce number: 17128523 Rond Deel 12, 5531 AH Bladel. Managing pharmacist: M.J.G. Pijnenburg (BIG: 19061567517). AGB code: 02010000. Website: www.apotheekzorg.nl
1. Definitions
1.1 In these general terms and conditions, the following terms shall have the following meanings:
- Physician: a physician who is qualified and licensed to prescribe medications, who works for Mila Medical, performs the medical assessment, and, if indicated, issues the prescription.
- Treatment Agreement: the agreement regarding medical services between the Customer and Mila Medical, to which Mila Medical’s terms of treatment apply.
- Services: the treatment programs offered via the Platform, including weight management programs (Goodweigh) and men’s health treatments (Fellos), as well as the facilitation of medical consultations by Mila Medical and the delivery of medications through Partner Pharmacies.
- Customer: the individual who uses the services.
- Mila Medical: the medical service provider (healthcare provider) with whom the Customer is connected via the Platform and who provides the medical consultations and prescriptions.
- Agreement: the agreement between the Platform Operator and the Customer regarding the use of the Platform and the facilitation of the Services.
- Platform: the platforms operated by the Platform Operator, including Goodweigh and Fellos, collectively and individually.
- Platform Service: the services that the Platform Operator provides to the Customer in its own name, consisting of making the Platform, content, and information available and enabling their use, as well as acting as an intermediary to connect the Customer with Mila Medical and the Partner Pharmacy.
- Platform Operator: the private limited liability company Fellos B.V., registered with the Chamber of Commerce under number 93317336, which operates various healthcare platforms and acts as an intermediary between the Customer, Mila Medical, and the Partner Pharmacy.
- Partner Pharmacy: the pharmacy with which the Platform Operator collaborates and which dispenses medications based on a prescription written by the Physician, as further specified in the contact information accompanying these Terms and Conditions. The purchase agreement is entered into directly between the Customer and the Partner Pharmacy
- Terms and Conditions: these general terms and conditions, together with all information and documents referred to herein.
2. Applicability
2.1 These Terms and Conditions, together with all information and documents referred to herein, apply to all offers, agreements, and services provided by the Platform Operator and to the referral to service providers with whom we connect the Customer, including Mila Medical and Partner Pharmacies. In addition, Mila Medical’s terms of treatment apply to the Treatment Agreement; the terms of the Partner Pharmacy apply to the purchase agreement with that pharmacy. Deviations from these Terms and Conditions are binding only if agreed upon in writing.
2.2 By using the Services, the Customer confirms that they have read, understood, and agree to these Terms and Conditions.
3. Platform Services
3.1 The Platform Operator operates online health platforms. The Platform Operator is responsible for the Platform it operates. The Services are available exclusively in the countries where the relevant Platform is active and only to residents of those countries.
3.2 The Platform Operator does not itself provide medical or pharmaceutical services and does not itself sell prescription medications. Our services are limited to operating the Platform and acting as an intermediary to connect the Customer with Mila Medical and the Partner Pharmacy.
3.3 The Platform Operator reserves the right to modify or terminate the provision of Services at any time, subject to a refund of any amounts paid in advance.
3.4 The presentation of Services on the Platform is for illustrative purposes only and is not binding. The Customer’s choice of product constitutes a non-binding expression of preference that is not binding on either Mila Medical or the Partner Pharmacy.
3.5 Neither the Platform Operator nor Mila Medical guarantees a specific outcome of the treatment programs. It is possible that the desired outcome will not be achieved.
4. Health Insurance and Reimbursement
4.1 The Services offered through the Platform generally constitute non-insured care. The Customer acknowledges that both the consultation and the medications are at the Customer’s own expense, unless expressly stated otherwise during the ordering process.
4.2 Where reimbursement is possible, Mila Medical and/or the Partner Pharmacy may submit a claim directly on behalf of the Customer insured in the Netherlands. Whether and to what extent reimbursement occurs is determined by the health insurer; the deductible and statutory copayments remain the responsibility of the Customer.
4.3 The Customer’s payment obligation is independent of the outcome of a reimbursement claim. A rejected, partial, or reclaimed reimbursement does not entitle the Customer to suspend payment, offset the amount, or receive a refund of the amount stated in the ordering process.
5. Medical Treatment by Mila Medical
5.1 Medical consultations and treatments are provided by Mila Medical B.V.
5.2 If the Customer opts for medical treatment via the Platform, the Treatment Agreement is concluded exclusively between the Customer and Mila Medical. The Platform Operator is not a party to the Treatment Agreement. The Treatment Agreement is governed by Mila Medical’s terms of treatment, which can be found at medical.milahealth.co.
5.3 Medical consultations are conducted by Physicians who are qualified and licensed to prescribe medications and who work for and under the responsibility of Mila Medical. These Physicians are bound by the professional standards applicable to them and the (disciplinary) law applicable to them. The individual Physicians do not become parties to the Treatment Agreement.
5.4 The Physician decides completely independently and solely on the basis of professional medical standards regarding the diagnosis, the treatment plan, and whether or not to prescribe medication. In doing so, the Physician is not bound by instructions from the Platform Operator or Mila Medical and enjoys full therapeutic freedom. There is no right to obtain a medical prescription.
5.5 Medication is provided exclusively following a medical evaluation and prescription by a Mila Medical Physician and under the responsibility of a Partner Pharmacy.
5.6 Mila Medical maintains adequate professional liability insurance for its medical services.
6. Registration and Account
6.1 To use the Services, the Customer must create an account via the Platform.
6.2 The Customer may maintain only one account and must be at least 18 years old.
6.3 The Customer is responsible for providing complete, up-to-date, and accurate information, for protecting their password, and for all activities conducted under their account.
6.4 The Platform Operator may temporarily or permanently suspend an account in the event of a violation of these Terms or other unauthorized use.
7. Delivery of Medications
7.1 Medications are not delivered by the Platform Operator. Partner pharmacies deliver medications directly to the Customer. The Platform Operator acts solely as an intermediary on behalf of the Partner Pharmacy.
7.2 The purchase agreement for prescription medications is entered into directly between the Customer and the Partner Pharmacy. The purchase price for prescription medications is paid through the amount you owe under your Agreement with the Platform Operator. Your purchase agreement with the pharmacy is subject to that pharmacy’s terms and conditions. We will only share the necessary information if you have given your consent to do so.
7.3 Shipping is handled by certified courier services.
7.4 Delivery may be delayed under exceptional circumstances, such as stock issues.
7.5 Delivery is considered complete upon handover to the courier.
7.6 Medication may not be resold or given to third parties. Resale is not permitted. The medication is intended exclusively for personal use.
8. Customer’s Obligations
8.1 The Customer agrees not to impersonate another person or use a false name or a name that the Customer is not authorized to use.
8.2 The Customer must provide all relevant medical information completely and truthfully.
8.3 The Customer must report any changes in his or her health status in a timely manner.
8.4 The Customer must strictly follow the prescribed medication and advice.
8.5 It is the Customer’s responsibility to inform their own primary care physician of any medication or treatments prescribed to the Customer by the Physicians at Mila Medical. The Customer must not use our services for emergencies. In emergencies, the Customer must consult their primary care physician, the after-hours medical service, or the emergency room at the nearest hospital.
8.6 The Customer must contact us if the Customer has any other issues or questions. All medical questions will be referred to the Physicians or other medical professionals (if applicable).
9. Prices and Payment
9.1 The current prices of the Services are listed on the Platform and include VAT, a fee for our services, and, if applicable, shipping costs. The costs you are required to pay are displayed before you complete the ordering process.
9.2 Mila Medical and the Partner Pharmacy assign their claims against the Customer arising from their respective agreements to the Platform Operator. The Platform Operator is therefore authorized to charge the Customer for the medical services and the purchase price of the medications via a single consolidated payment, and remits these amounts to Mila Medical and the Partner Pharmacy, respectively. Payment is made prior to the delivery of the Services via the available payment methods, unless otherwise agreed.
9.3 If the Customer chooses a treatment plan with recurring deliveries, payments will be charged according to the schedule displayed for the selected treatment during the ordering process, unless otherwise agreed. The first payment is due at the time of purchase. The frequency and amount of subsequent payments depend on the selected treatment and the corresponding delivery intervals, and are displayed before the order is finalized.
9.4 You can pause, suspend, or cancel your subscription through your profile on the Platform or by contacting customer service.
9.5 In the event of late payment, the Customer is liable for statutory interest and any collection costs.
9.6 If a service cannot be provided, the Platform Operator will refund any amounts paid as soon as possible.
9.7 The Platform Operator may offer the Customer the option to commit to a treatment program for a longer, fixed period at a reduced subscription rate. Such a subscription with a fixed, pre-agreed term is referred to in these Terms and Conditions as a fixed-term subscription. The available fixed-term subscriptions, the term, the number of deliveries, and the corresponding reduced rate are displayed during the ordering process before the Customer completes the order.
9.8 By choosing a fixed-term subscription, the Customer agrees to the minimum term and the associated payment obligations, as selected at the time of payment. The medication is delivered and billed according to the delivery and payment schedule displayed during the ordering process for the selected subscription.
9.9 The discount is conditional and applies only if the Customer completes the full term of the fixed-term subscription.
9.10 If the Customer terminates the fixed-term subscription or switches to a subscription without a fixed term (e.g., a monthly subscription) before the end of the minimum term, the discount will be retroactively revoked for deliveries already received. In that case, the Customer is liable for a recalculation consisting of the difference between the standard rate and the discounted rate for all deliveries the Customer has already received, plus an administrative fee of €50 for processing the early termination. Any other discounts applied to the relevant deliveries will remain in effect and will not be reclaimed.
9.11 Upon expiration of the term, the subscription will automatically continue as a regular monthly subscription at the standard rate in effect at that time, which the Customer may pause, suspend, or cancel at any time via their profile or through customer service.
9.12 Unless otherwise stated, the following applies to any subscription with a fixed term: (a) it is applicable only at the time of purchase and not retroactively; (b) it is non-transferable and may not be resold; and (c) it cannot be combined with other offers.
10. Right of Withdrawal
10.1 The Customer has the right to cancel the Agreement within 14 days of its conclusion without providing a reason, unless the Services have commenced within this period with the Customer’s consent. If Mila Medical has already begun providing the medical consultation with the Customer’s express consent before the end of the withdrawal period, the right to withdraw lapses for that portion of the service.
10.2 If the medication has already been delivered, withdrawal is not possible due to the nature of the product (health protection and hygiene).
10.3 As long as the prescription has not yet been submitted to the pharmacy, the Customer is entitled to cancel the order by contacting customer service. In that case, the amount already paid will be refunded.
10.4 Once the prescription has been submitted to the pharmacy, cancellation is only possible with the prior written consent of the pharmacy in question. The Platform Operator will submit a cancellation request on behalf of the Customer, though no guarantee of cancellation can be provided. If the pharmacy refuses to cooperate, the agreement will be fulfilled in full, and the Customer is not entitled to a refund.
11. Money-Back Guarantee
11.1 Our 45-day money-back guarantee applies exclusively to selected weight-loss treatments. This guarantee does not apply to other treatments. If you wish to cancel the treatment for any reason within the first 45 days after the initial order, we will refund the full amount of the initial order, provided the following conditions are met:
- The Customer must not have experienced any weight loss within 45 days of starting the treatment, regardless of the type of medication used.
- The Customer must have recorded their weight via the Platform at least 4 times, spread over a period of at least 3 weeks within the 45-day period.
- The Customer must have actively participated in the offered lifestyle coaching program, or be able to demonstrate that he or she participated in it.
- The request for a refund must be made within the first 45 days after the first order, before the third scheduled delivery.
11.2 The guarantee is applicable only once per Customer and applies only to the first prescription-based order.
11.3 The decision on whether or not to grant a refund rests solely with the Platform Operator, based on the information provided and verified.
12. Liability
12.1 The Platform Operator is not liable for any damages resulting from the Customer’s failure to follow medical advice or the improper use of medication by the Customer.
12.2 To the extent permitted by law, all warranties, conditions, and claims (whether express or implied) arising from or related to the Platform Operator’s Platform Service are excluded.
12.3 The Platform Operator’s liability is limited to the amount the Customer has paid to the Platform Operator for the relevant Platform Service.
12.4 Liability for medical services, including consultations, diagnoses, treatment plans, and prescriptions, rests exclusively with Mila Medical.
12.5 Liability for pharmaceutical services and the delivery of medications lies exclusively with the Partner Pharmacy.
12.6 The Platform Operator is not liable for:
- Damages caused by technical malfunctions or interruptions.
- Damages resulting from force majeure, such as transportation problems or pandemics.
13. Termination of the Contract
13.1 The Platform Operator may terminate or suspend the Agreement with the Customer or refuse to provide Services for any reason whatsoever, without prior notice.
13.2 The Platform Operator may make changes to the Terms and Conditions. If you object within two weeks, the Platform Operator has the right to terminate the contractual relationship in its entirety and without prior notice.
14. Privacy and Data Protection
14.1 The Platform Operator, Mila Medical, and the Partner Pharmacies process personal data in accordance with the General Data Protection Regulation (GDPR).
14.2 The Customer grants the Platform Operator, Mila Medical, the Physicians working for Mila Medical, and the Partner Pharmacies permission to collect, process, and exchange personal data about the Customer, including data regarding the Customer’s health status, to the extent necessary for the provision of the contractually agreed-upon Services. By placing an order, the Customer releases the Physicians and the pharmacy from their duty of confidentiality, solely for the purpose of transmitting the prescription and invoicing via the Platform Operator.
14.3 All personal data provided in connection with the Services will be processed in accordance with the Privacy Policy on the relevant Platform. The Privacy Policy forms an integral part of these Terms and Conditions.
15. Cookies
15.1 A cookie is a small text file that is stored in your computer’s memory or on your hard drive for a predetermined period. The Platform Operator uses cookies to identify specific devices and thereby collect aggregated information about how visitors experience the website. This information helps to better tailor the website to users’ preferences.
15.2 The Platform Operator may use third-party vendors to display our advertisements on websites across the internet and to target these advertisements based on a user’s previous visits to our website. We may also use analytics data provided by these vendors to inform and optimize our advertising campaigns based on your previous visits to our website. Although cookies make it possible to identify a computer, they do not contain personal information about a specific individual. Please consult your browser’s manual for information about your web browser’s cookie settings. Please refer to our privacy policy on the relevant Platform for more information about the cookies we use.
16. Complaints and Disputes
16.1 Complaints may be submitted through customer service in your personal portal or through the help desk of the relevant Platform. Complaints regarding medical services are handled by Mila Medical in accordance with its complaints procedure, which can be found at https://medical.milahealth.co/klachtenregeling.
16.2 These Terms and Conditions are governed by Dutch law.
16.3 Disputes shall be submitted to the competent court in Amsterdam.
17. Assignability
17.1 The Platform Operator may assign rights and obligations under the Agreement to third parties.
17.2 The Customer may transfer rights and obligations only with the Platform Operator’s written consent.
18. Final Provisions
18.1 The Platform Operator reserves the right to amend these Terms and Conditions. Amendments will be announced in a timely manner via the website or by email.
18.2 If any individual provisions of these Terms and Conditions are void or invalid, this shall not affect the validity of the remaining provisions or of these Terms and Conditions as a whole.