Terms and Conditions
1. Introductory provision
Underlying terms and conditions apply to all commercial transactions relating to the products sold by the pharmacy ZWITSERSE APOTHEEK NV in the lap of its internet pharmacy ZWITSERSE APOTHEEK, with the exclusion of all other conditions (unless expressly agreed in writing and in mutual consultation between the parties). The mere fact of placing an order on the website of ZWITSERSE APOTHEEK leads to the acceptance of the underlying conditions of sale.
2. IDENTITY OF THE ZWITSERSE APOTHEEK:
ZWITSERSE APOTHEEK NV
Luitenant Lippenslaan 1 2140 Antwerp Belgium
Email: info@zwitserseapotheek.be
Telephone number: 03 270 02 66 (from Monday to Friday from 9 am to 4 pm)
VAT identification number: BE 0452.900.522 APB 111003
Pharmacist-titularis: Apr Willemse Lieve
3. CONCEPTS
For the purposes of these terms and conditions of sale or the terms on the site of the ZWITSERSE APOTHEEK, the following definitions apply:
3.1. ZWITSERSE APOTHEEK: The website of the pharmacy ZWITSERSE APOTHEEK NV where the products are offered and sold to the customers.
3.2. Customer: Any natural or legal person, legally competent who passes an order via the website of the ZWITSERSE APOTHEEK.
3.3. Order: The request by the customer to conclude a sales contract between ZWITSERSE APOTHEEK NV and the customer of the internet pharmacy ZWITSERSE APOTHEEK with regard to the products offered through ZWITSERSE APOTHEEK NV.
3.4. Product sheet: Indicates the information (texts, photos, graphs, classification system by category, ...) in connection with a product offered for sale via ZWITSERSE APOTHEEK.
3.5. Products: All goods offered for sale by the pharmacy ZWITSERSE APOTHEEK NV via the online pharmacy ZWITSERSE APOTHEEK.
3.6. Transaction: All actions, security obligations, authorization processes and agreements inherent in the payment of products ordered via credit card or any other means of virtual transaction via the site.
4. ACCEPTANCE OF THE TERMS AND CONDITIONS
The client acknowledges having taken cognizance of these general sales conditions and declares - unconditionally - by placing an order. The validation of the order counts as acceptance of the general sales conditions.
5. OBJECT
The pharmacy ZWITSERSE APOTHEEK NV offers with its online sale products usually sold in pharmacies, with the exception of medicinal products on medical prescription.
The customer connects to the website and by filling his shopping cart, he places the order of the products he has selected during his visit to the website (article 6). The purchased products are paid online via one of the possibilities offered on the website (article 12). ZWITSERSE APOTHEEK confirms the acceptance of the order by e-mail and the products are delivered to the client within the specified period (article 7).
6. PRODUCTS
Only the products that are provided with a product sheet on the site of ZWITSERSE APOTHEEK can be purchased. The Belgian legislator prohibits the export of medicines (including the medicines that are provided without a medical prescription), only the pharmaceutical products can be sold to non-residents of Belgium.
6.a. Warning before proceeding to an order
6.a.1 Numerous products offered by ZWITSERSE APOTHEEK (in particular the prescription-free medicines) must be used with the utmost care, after prior diagnosis and advice by a legally recognized physician or therapist.
6.a.2 The information provided by ZWITSERSE APOTHEEK is composed with the utmost care and regularly checked and updated by a pharmacist but is purely informative. It never replaces a diagnosis or advice, because ZWITSERSE APOTHEEK cannot be aware of the complete medical history of each user.
6.a.3 ZWITSERSE APOTHEEK keeps information about the previous orders of a user, but this information is only used for logistical reasons (supplementing the stock for example). The user may not assume that the history of his orders will give rise to an automatic warning (dose, interaction with other medicines).
6.a.4 If the user has doubts about the suitability of a particular product, then ZWITSERSE APOTHEEK recommends not to order the product, to cancel the order or - if it has already been delivered - not to use the product (further), without first having consulted an expert doctor.
6.a.5 ZWITSERSE APOTHEEK emphasizes that the legal and deontological rules applicable to the pharmacist-holder may result in a placed order not being able to proceed if the order - in the opinion of the pharmacist-holder – would not be consistent with the aforementioned rules.
7. ORDER
7.1. All the information delivered by the customer, if encoding data inherent in his order, connects him. ZWITSERSE APOTHEEK cannot be held responsible in any way for errors committed by the client during the input of the destination data (delivery address, invoice address included) such as delivery delays or the inability to deliver the ordered products.
7.2. The automatic registration systems naturally provide proof of the content and date of the order.
7.3. After receipt of the order request, ZWITSERSE APOTHEEK confirms to the customer the acceptance of the order by sending a confirmation to the e-mail that the customer has communicated when registering his order. The sale will not be concluded earlier than from the dispatch of the confirmation of the order.
7.4. In general, and without further explanation, ZWITSERSE APOTHEEK reserves the right to refuse or cancel any order, including the case of payment problems with the order concerned or a dispute concerning the payment of a previous order.
7.5. Almost all the products are in stock. If the ordered product is not in stock or not immediately in stock, ZWITSERSE APOTHEEK will inform the customer about the delay of the delivery via e-mail. If the client does not agree with the delay, he can change or cancel his order.
7.6. Only legally competent persons under Belgian law can place an order.
7.7 The order is only definitive as soon as a) ZWITSERSE APOTHEEK has accepted it and b) the client has paid the full amount including the shipping costs to ZWITSERSE APOTHEEK , in accordance with the payment method indicated there.
8. DELIVERY
8.1. After confirmation of the order and acceptance of the payment by the body in charge of the transaction, ZWITSERSE APOTHEEK undertakes to send the ordered products to the customers at the specified delivery address, taking into account a general delay of one to two days depending on the destination. All data relating to the delay are available on the website of ZWITSERSE APOTHEEK.
8.2. By placing an order, the customer commits himself to the regulation of receipt of the goods, all taxes, duties and other current and future costs due to the title of delivery of the ordered goods.
8.3. Upon receipt of the ordered goods, the customer or recipient must check the good condition of the delivered goods and take note of the conditions of use and instructions given to him. In the hypothesis that one or more ordered products are defective or damaged, the customer or the recipient must immediately formulate the necessary reservations to the carrier at the time of delivery.
8.5. If a package has not been received despite the different passages of the carrier (maximum three passages), it is returned to the ZWITSERSE APOTHEEK and the addressee is notified by e-mail. An additional delivery can be requested by the buyer and he will bear the costs (even if the first shipment was performed free of charge).
8.6. The customers or recipients of the goods shall refrain from any partial or complete resale.
9. COMPLAINTS
9.1. Please report complaints about the implementation of the agreement, such as any visible damage and / or qualitative deficiency of an article or other shortcoming on delivery, via our contact page.
9.2. Reports submitted to Zwitserse Apotheek are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Zwitserse Apotheek will respond within 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer.
10. Right of withdrawal
10.1 In accordance with the legislation in force concerning distance selling (Law of 21 December 2013), the client has the right to renounce his purchase without penalty and without giving reasons:
- For all products EXCEPT medicines and medical devices, the right of withdrawal applies BEFORE or AFTER the shipment of the parcel by Zwitserse Apotheek NV
- For medicines and medical devices, the right of withdrawal applies ONLY BEFORE shipping the parcel by Zwitserse Apotheek NV EXCEPT when these products exhibit one or more production defects. In that case, the right of withdrawal also applies after the shipment.
To submit this request for revocation, it is sufficient that the customer:
- or contact the customer service via the contact page.
- either completes the withdrawal form and sends it via e-mail.
You undertake to return the goods to us within a period of no later than fourteen (14) calendar days following the notification of your wish to revoke.
The shipping costs are for our account if a problem has arisen during the processing and delivery of your order that is due to us. If this is not the case, the direct costs of the return are for your account.
We will refund You the amount paid with your order no later than fourteen (14) calendar days from the day on which we are notified of your decision to revoke this agreement. However, we reserve the right to postpone the reimbursement until we have received the goods. We proceed to the refund by using the same payment method as that which you used for the original transaction, unless we expressly agree with another payment method.
You may be held responsible for the depreciation of the goods resulting from handling or use that went beyond what was necessary to determine the nature, qualities and functioning of the goods.
10.2 The exceptions to the right of withdrawal
The order of the following goods does not give a right of withdrawal:
- The Goods of which the seal is broken or damaged after the delivery and which can not be returned for hygienic reasons or with a view to the protection of health;
- Goods manufactured according to your specifications or that are clearly personalized;
- Goods that can spoil quickly or whose expiry date could quickly be exceeded.
The right of withdrawal for remote contracts (download).
11. PRICE
11.1. The price stated on the product data sheets does not correspond with the costs related to the transport.
11.2. The price stated in the order confirmation is the final price expressing all associated costs and including VAT. This price includes the goods price, the handling costs, the costs of packaging and storage of the products and the transport costs.
11.3. The ZWITSERSE APOTHEEK reserves the right to change the price at any time, but the products are invoiced on the basis of the applicable rates at the time of the registration of the orders.
11.4. The prices and the supply of the medicines and medical equipment are valid to change the prices allowed for the Ministry of Economic Affairs.
12. PAYMENT
12.1. The price of the goods is payable in cash or by one of the payment methods proposed on the day of order.
12.2. The protection against fraudulent use of the means of payment used for the transaction, in particular as a result of piracy against possible disputes of payment of money orders, is ensured by the means of payment offered.
12.3. The order validated by the client will not be effective unless the institution for the secured bank payment has given their consent for the execution of the transaction. In case of refusal of the institution for the secure bank payment, the order will automatically be canceled and the client will be notified by e-mail.
12.4. The information about the order is the subject of an automated processing of data, so the controller is the institution for the secured bank payment. This automated processing of data aims to fight against fraud with the bank card. The settings for the secured bank payment and ZWITSERSE APOTHEEK are the data receivers in relation to the order. The lack of data in relation to the order prevents the realization and analysis of the transaction. In the event of fraudulent use of a bank card, an irregular declaration or an anomaly, the data in relation to the accompanying order and the non-payment may be the subject of an entry in a file of incident of payment.
13. LIABILITY
13.1. ZWITSERSE APOTHEEK NV (as well as the pharmacy-holder) cannot be held liable in any way whatsoever for damage of any kind which may result from poor use of the commercialized products.
13.2. The liability of ZWITSERSE APOTHEEK NV or the pharmacy holder can also not be considered for possible changes in the products made by the manufacturers.
13.3. The liability of ZWITSERSE APOTHEEK NV will in any case be limited to the amount of the order and cannot be questioned for minor mistakes or negligence that could have persisted despite the precautions taken in the presentation of the goods. Including, the photos presented on the site are provided for illustrative purposes only. In no case can a change to the packaging or the contents of a good be invoked in case of deviation compared to the photo available on the site. The references published on the data sheets are purely indicative. The customer undertakes to carefully read the message displayed by the manufacturer on or in the packaging of the product. It is that message that contains the information (including the dosages and against indications) that the user must respect.
14. WARRANTY
14.1 ZWITSERSE APOTHEEK guarantees under the present agreement only the proper delivery of the products on the basis of the information provided by the buyer. ZWITSERSE APOTHEEK never guarantees the achievement of a certain result. The quality and usability of the products supplied by ZWITSERSE APOTHEEK is shown on the package leaflet of the manufacturer. The products supplied by ZWITSERSE APOTHEEK are included in the manufacturer's packaging. The buyer is obliged to read the instructions and conditions of use of the manufacturer prior to the use of the products and to contact the pharmacist in case of the least ambiguity or doubt prior to use.
14.2 In no case can ZWITSERSE APOTHEEK be held responsible for non-compliance with laws and regulations in force in the host country. Any liability of ZWITSERSE APOTHEEK is limited to the value of the product in question, determined according to the date of sale.
14.3 ZWITSERSE APOTHEEK gives no guarantee that the use of this website would be free of viruses and / or other harmful elements or programs, nor for the fact that the links via this website to other websites, would be free of viruses and / or other harmful elements or programs, and also rejects all responsibility and damage. The reference (link) to other websites does not constitute a recommendation or guarantee (including the accuracy and completeness of its contents, its availability, its virus-free status) in relation to these other websites.
14.4 The legal guarantee of conformity of the goods applies
15. PERSONAL DATA
15.1. The collection of personal data for the purpose of distance selling is mandatory. This information is essential for the processing and delivery of orders. The lack of information leads to the non-validation of the order.
15.2. ZWITSERSE APOTHEEK is subject to the Belgian law of 8 December 1992 for the protection of personal data, amended by the law of 11 December 1998, which takes into account the EU directives of 24 October 1995.
This law provides that companies that collect personal data must have the consent of the person concerned. The data must be accurate and must be collected for a specific, clear and legal purpose. Everyone must have access to his personal data and must have the right to change them. In accordance with the law, the processing of the personal data of clients is registered with the committee for the protection of private life. The customer has a right of access, a right to adapt, a right to rectify and abolish the relevant data that he can exercise at ZWITSERSE APOTHEEK.
15.3. ZWITSERSE APOTHEEK undertakes never to pass on the details of their customers to third parties.
15.4. The customer has the opportunity to view his personal data and to improve them via the My Account page.
16. INTELLECTUAL PROPERTY
The texts, page listings, illustrations, photographs, data sheets and other illustrative elements on the website are protected by copyright and generally by the principles of the intellectual property right. The content of the ZWITSERSE APOTHEEK site may not be copied. Nothing may be changed, nothing may be placed on another site, nothing may be published in any form without prior written permission from the ZWITSERSE APOTHEEK NV. This site may also contain texts, illustrations and other elements that are protected by the copyrights of third parties. The ZWITSERSE APOTHEEK NV does not give permission in any way or in any way whatsoever to use their intellectual property nor that of third parties.
17. APPLICABLE LAW IN DISPUTES
17.1. If there are difficulties during the execution of an agreement, the customer and Zwitserse Apotheek undertake - before making legal action - to investigate the possibility of reaching an amicable settlement. If this does not offer a solution, only Antwerp courts are authorized to take note of any claims, regardless of the place of delivery or the place of residence of the client.
The agreements and all legal reports between the customer and Zwitserse Apotheek are subject to Belgian law.
Zwitserse Apotheek is not subject to any extrajudicial arbitration in case of complaints and disputes.
17.2. There is now an ODR (Online Dispute Resolution) platform that aims to settle disputes between consumers and businesses at both national and cross-border level in a fast and efficient (read: online) way: http: // ec .europa.eu / odr /
This authority will act as an arbitrator in order to offer a solution. The platform is both user-friendly and multilingual.