Legal Notice and General Terms and Conditions of Use and Service

PART I — LEGAL NOTICE

1. Website publisher

The website accessible at the address medecin-francais.eu, hereinafter referred to as the "Website", is published by:

Dr Philippe Emanuely
Professional address: Local Oasis 32 - 08870 Sitges - Spain
Country of establishment: Spain
Tax identification number: Y1096209C
Email address: mddbcn@icloud.com
Telephone: +34 938 024 925
Publication director: Dr Philippe Emanuely

2. Nature of the service

Medecin-francais.eu provides a private service enabling patients, in particular French speakers, to request a remote medical consultation when they are located in a European country covered by the service.

Medecin-francais.eu is not a public health service, an emergency service, a national health insurance fund, a mutual insurer, or an insurance company.

Medecin-francais.eu may act:

• As a direct medical provider — by directly providing medical services through doctors practising under its responsibility or within the framework of its professional organisation.
• As a referral platform — by providing a technical and administrative service connecting patients with independent doctors, each practising under their own professional responsibility.

3. Healthcare professionals

Consultations are carried out by doctors holding the necessary qualifications and authorisations. The following information is accessible for each doctor: surname and forename, professional title, country of qualification, country of establishment, professional body or authority, registration number.

Doctor responsible for the service:
Doctor Philippe Emanuely — Medical Doctor — Spain — COMB — No. 080846857
Address: Local Oasis 32, 08870 Sitges, Spain — mddbcn@icloud.com

The patient is informed of the doctor's identity no later than at the commencement of the consultation.

4. Hosting

The Website is hosted by OVH — www.ovh.com

5. Payment

Payments are processed by Stripe. Medecin-francais.eu does not retain the patient's full payment card details.

6. Contact

Email: mddbcn@icloud.com
Telephone / WhatsApp: +34 938 024 925
Post: Local Oasis 32 - 08870 Sitges

These contact details must not be used in the event of a medical emergency.

7. Emergencies

Medecin-francais.eu is not an emergency service. In the event of a situation involving a risk to life, call 112 immediately (the European emergency number) or the local emergency number of the country in which you are located. A teleconsultation request must never delay a call to the emergency services.

8. Intellectual property

The Website, its name, logo, graphic identity, texts, documents, and content are protected by intellectual property law. Any reproduction or reuse without prior written authorisation is prohibited.

9. External links

The Website may contain links to public services, pharmacies, healthcare establishments, or other third-party websites. Medecin-francais.eu does not control these services and does not guarantee their availability or the accuracy of their content.

PART II — GENERAL TERMS AND CONDITIONS

Article 1 — Purpose

These terms and conditions govern the conditions of access to the Website, the conditions for requesting a medical consultation, the respective obligations of the patient and Medecin-francais.eu, as well as the conditions of payment, cancellation, and refund. Use of the Website constitutes unconditional acceptance of these terms and conditions.

Article 2 — Territorial scope

Medecin-francais.eu may only be used in countries expressly indicated as covered on the Website. The availability of the service may vary depending on the patient's country, the doctor's country of establishment, and national rules relating to telemedicine and prescribing. The list of covered countries may be amended at any time.

Article 3 — Patient's location

The patient must accurately state the country and city in which they are located at the time of the consultation. This information is necessary to determine whether the consultation can be conducted, which professional rules apply, and towards which local services the patient may be referred. An inaccurate location may result in the consultation being refused.

Article 4 — Nature of the consultation

The consultation may comprise a telephone or video call, the gathering of symptoms and medical history, medical advice, a referral to a local practitioner, a prescription where medically and legally permissible, or a consultation report. The doctor exercises full professional independence. Payment does not confer any right to obtain a particular diagnosis, a specific medication, or a certificate.

Article 5 — Limitations of teleconsultation

Remote consultation is not suitable for every situation. The absence of a physical examination may limit the doctor's ability to establish a diagnosis. The doctor may recommend an in-person consultation, laboratory tests, imaging, or urgent care. Teleconsultation does not replace emergency services or regular medical follow-up.

Article 6 — Conditions of access

The service is accessible to persons who are of legal age and legally capable. A consultation for a minor must be requested by the person holding parental responsibility or their legal representative. The doctor may request proof of identity.

Article 7 — Information provided by the patient

The patient undertakes to provide accurate, complete, and up-to-date information regarding their identity, age, location, symptoms, medical history, allergies, current treatments, and any other relevant information. Medecin-francais.eu and the doctor cannot be held liable for consequences arising from information that is false, incomplete, or withheld by the patient.

Article 8 — Conduct of the consultation

The consultation may take place by telephone, video call, or a secure means proposed by Medecin-francais.eu. The patient must be reachable, have access to a suitable device, be in a confidential environment, and present proof of identity if requested. The consultation may not be recorded without the prior consent of all persons involved.

Article 9 — Consent

The patient acknowledges having understood how a remote consultation works, having been informed of its limitations, and being able to withdraw their consent at any time. The doctor may discontinue the teleconsultation when they consider that it does not permit a sufficiently safe course of care.

Article 10 — Refusal of consultation

A request may be refused in particular where it constitutes an emergency, the country is not covered, a physical examination is indispensable, the patient's identity or location cannot be established, or the patient exhibits violent, threatening, or fraudulent behaviour. Where no medical act has been performed, the payment is refunded unless fraud or abuse has occurred.

Article 11 — Prescriptions

A prescription may be issued only where the doctor considers it medically necessary, appropriate, sufficiently safe, and authorised under the applicable rules. A prescription is never automatic. The doctor may decline to prescribe in particular where the information provided is insufficient, a clinical examination is required, the requested medication is not indicated, or remote prescribing is not authorised.

Article 12 — Cross-border prescriptions

A prescription issued in one EU Member State may, in principle, be presented in another Member State. However, a medication may not be marketed in the country concerned, may bear a different name, or may be available in a different dosage. The final decision on dispensing rests with the pharmacist in accordance with national law.

Article 13 — Regulated medicines

Certain medicines may not be prescribable within the framework of the service, including controlled drugs, certain psychotropic substances, or medicines subject to a special prescription or requiring laboratory monitoring. Medecin-francais.eu does not guarantee the renewal of a prior course of treatment.

Article 14 — Pharmacies and availability

Medecin-francais.eu may, for information purposes, assist the patient in identifying a pharmacy. Medecin-francais.eu cannot guarantee opening hours, the availability of a medication, its price, acceptance of the prescription, or the dispensing of an equivalent. Medications and pharmacy costs are not included in the consultation fee.

Article 15 — Medical certificates

The issue of a medical certificate is never automatic. The doctor may decline to issue a sick note, a certificate of inability to travel, a sports fitness certificate, or any document requiring a physical examination. A medically justified refusal does not constitute a failure to perform the consultation.

Article 16 — Fees

Unless otherwise indicated prior to booking, the consultation fee is €49 inclusive of all taxes. This fee includes the remote medical assessment, advice, and a prescription or consultation report where justified and possible. It does not include medications, tests, local care, consultations with third parties, or hospital charges.

Article 17 — Taxes and currency

The price is displayed in euros, inclusive of all applicable taxes. Patients paying with a card denominated in another currency may incur conversion charges applied by their bank. Medecin-francais.eu is not responsible for such charges.

Article 18 — Payment

Payment is made prior to the consultation. The request is confirmed once payment has been validated. A confirmation and, where applicable, an invoice are sent by electronic means. In the event of a failed payment, the consultation may not be arranged.

Article 19 — Availability

Medecin-francais.eu employs reasonable means to arrange the consultation within the announced timeframe. Timeframes remain indicative in cases of exceptional demand, medical unavailability, or technical incident. Where the service cannot be provided within a reasonable period, the patient may request cancellation of a consultation that has not yet commenced.

Article 20 — Cancellation by the patient

The patient may cancel free of charge provided the consultation has not yet commenced and no doctor has begun a substantive review of the file. Where the medical review has begun or the consultation has taken place, no refund is automatically due.

Article 21 — Cancellation by Medecin-francais.eu

Medecin-francais.eu may cancel a consultation where no competent doctor is available, the patient's country is not covered, the consultation is not legally or medically possible, or the patient has provided inaccurate information or exhibits abusive behaviour. Where no service has been provided, the amount paid is refunded unless fraud or abuse has occurred.

Article 22 — Immediate performance and right of withdrawal

Where a right of withdrawal applies, the patient may request that the service commence before the expiry of the statutory withdrawal period. Prior to payment, an unticked box is presented to them: "I expressly request that the consultation begin before the expiry of the withdrawal period. I acknowledge that, once the consultation has been fully performed, I will lose my right of withdrawal." Where the service has been fully performed following such consent, the patient may no longer exercise that right in respect of that service.

Article 23 — Reimbursement by health insurers

Medecin-francais.eu provides a private medical service. The European Health Insurance Card does not guarantee direct coverage of a private consultation. The patient may seek reimbursement from their national health insurance, supplementary health insurer, private insurer, or travel insurer. Medecin-francais.eu does not guarantee any reimbursement.

Article 24 — Medical follow-up

Where the service includes follow-up, this covers only the initial presenting problem for a period of 7 days. A new consultation is required where a new problem arises, the symptoms are materially different, or the follow-up period has expired.

Article 25 — Patient's obligations

The patient undertakes to provide accurate information, disclose their allergies and current treatments, follow the doctor's instructions, attend an in-person consultation when invited to do so, call the emergency services if their condition deteriorates, and not to pass their prescription to a third party.

Article 26 — Medical liability

Each doctor is liable for the medical acts they perform in accordance with the professional rules applicable to them. The doctor is subject to a best-efforts obligation and not an obligation of result. The doctor cannot be held liable where the damage results from information that is false, incomplete, or withheld by the patient.

Article 27 — Liability of Medecin-francais.eu

Where Medecin-francais.eu acts solely as a platform, it is responsible for the operation of its technical and administrative service, but not for medical decisions taken independently by doctors. Medecin-francais.eu cannot be held liable for decisions made by a pharmacy, acts of a third-party establishment, the local unavailability of a medication, or an insurance decision.

Article 28 — Technical incidents

Medecin-francais.eu employs reasonable means to maintain the Website in an available state. The service may be interrupted for maintenance or due to a failure. In the event of a technical failure that entirely prevents the consultation from taking place, a new consultation or a refund may be offered.

Article 29 — Data protection

Personal data are processed in accordance with the General Data Protection Regulation and applicable national legislation. Health data are sensitive data benefiting from enhanced protection. They are not used for the purposes of personalised advertising.

Article 30 — Medical confidentiality

Doctors are bound by professional secrecy. Medical information is not communicated to a relative, an employer, an airline, or an insurer without the patient's authorisation or another valid legal basis.

Article 31 — Retention of medical records

Medical information may be retained for the period required by applicable professional and legal rules. The retention period may vary depending on the doctor's country of establishment, the nature of the document, and the patient's age. The right to erasure does not always permit the immediate deletion of a medical record where a legal obligation requires its retention.

Article 32 — Electronic communications

The patient agrees to receive communications necessary for the consultation (confirmation, reminder, prescription, consultation report, invoice) at the contact details they have provided. Commercial communications are subject to the patient's separate consent where such consent is required.

Article 33 — Complaints

Complaints must be addressed to: mddbcn@icloud.com or by post to: Local Oasis 32 - 08870 Sitges - Spain. The complaint must state the patient's identity, the date of the consultation, and the subject of the request. It must not be used to seek urgent medical advice.

Article 34 — Amicable settlement

In the event of a dispute, the patient is invited to submit a written complaint before initiating any legal proceedings, with a view to reaching an amicable resolution.

Article 35 — Applicable law

These terms and conditions are governed by Spanish law, without depriving a consumer patient of the benefit of the mandatory protective provisions to which they are entitled under the law of their country of residence. Medical acts remain subject to the applicable professional rules and cross-border healthcare regulations.

Article 36 — Jurisdiction

In the event that an amicable resolution cannot be reached, jurisdiction is determined in accordance with applicable European and national rules. No provision of these terms and conditions deprives a consumer of the right to seise the competent court pursuant to the mandatory consumer protection rules applicable to them.

Article 37 — Language

These terms and conditions are drawn up in French. In the event of any conflict between versions, the French version prevails, unless a mandatory rule provides otherwise.

Article 38 — Amendment of terms

Medecin-francais.eu may amend these terms and conditions to reflect regulatory changes, amendments to the list of covered countries, changes to the service, fee adjustments, or technical modifications. The version applicable is the one accepted at the time of booking.

Article 39 — Partial invalidity

The invalidity or unenforceability of any provision shall not affect the remaining clauses. The affected provision shall be replaced, to the extent permitted by law, by a valid provision pursuing an equivalent objective.

Article 40 — Acceptance

Prior to payment, the patient must be able to consult these terms and conditions and tick an unticked box: "I have read and accept the general terms and conditions of Medecin-francais.eu." The patient must also be able to consult the Privacy Policy before submitting their medical information.