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 the 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
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
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 the ZWITSERSE APOTHEEK NV and the customer of the internet pharmacy ZWITSERSE APOTHEEK with regard to the products offered through the 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.
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). The 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).
Only the products that are provided with a product sheet on the site of the 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 the 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 the 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 the ZWITSERSE APOTHEEK cannot be aware of the complete medical history of each user.
6.a.3 The 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 the 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 The 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.
7.1. All the information delivered by the customer, if encoding data inherent in his order, connects him. The 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, the 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, the 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, the 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) THE 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.
8.1. After confirmation of the order and acceptance of the payment by the body in charge of the transaction, the 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 the 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.
9.1. Complaints about the execution of the agreement, such as any visible damage and / or qualitative shortcoming of an article or other shortcoming in the delivery, must be submitted immediately, fully and clearly, to the ZWITSERSE APOTHEEK, under penalty of forfeiture of any right. The complaints must be submitted via the Contact page.
9.2. Reports submitted to the ZWITSERSE APOTHEEK are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the 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. Renunciation right
10.1. In accordance with the legislation in force concerning distance selling (law of 21 December 2013), the customer has the right to renounce his purchase (with the exception of medicines and medical devices, for which the right of withdrawal applies only before shipment of the parcel by the ZWITSERSE APOTHEEK, except in case of defect) without penalty and without giving reasons. To submit this request for revocation, it is sufficient that the customer contacts the customer service via the contact page.
The customer has a period of fourteen calendar days from the receipt of the ordered goods to send them back to the pharmacy ZWITSERSE APOTHEEK NV against exchange or refund. In order to obtain the refund or exchange, the client must return the new products (in accordance with Article VI.51 §1) and under his responsibility to the following address: ZWITSERSE PHARMACY, Luitenant Lippenslaan 1, 2140 Antwerp (Belgium). If possible, it is advisable to return the product (s) in their original, complete packaging, together with their accessories (such as inserts or instructions for use) and a copy of the purchase invoice.
10.2. If the goods are returned to the ZWITSERSE APOTHEEK under the right conditions and within the right time, the ZWITSERSE APOTHEEK commits itself to compensate the customer for the payments without any costs. The shipping costs for the return of the products will not be refunded by the ZWITSERSE APOTHEEK (unless the error is attributable to the ZWITSERSE APOTHEEK ). The refund will take place within 14 days after receipt of the returned goods.
10.3. The consumer cannot exercise the right of withdrawal for:
1 ° the supply or provision of goods or services whose price depends on fluctuations in the financial market on which the company has no influence and which may occur within the withdrawal period;
2 ° the delivery of goods that spoil quickly or with a limited shelf life and homeopathic medicines;
3 ° the delivery of sealed goods that are not suitable to be returned due to health protection or hygiene and of which the seal has been broken after delivery;
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.
12.1. 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 the 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.
13.1. The 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 the 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 the 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.
14.1 The ZWITSERSE APOTHEEK guarantees under the present agreement only the proper delivery of the products on the basis of the information provided by the buyer. The ZWITSERSE APOTHEEK never guarantees the achievement of a certain result. The quality and usability of the products supplied by the ZWITSERSE APOTHEEK is shown on the package leaflet of the manufacturer. The products supplied by the 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 the ZWITSERSE APOTHEEK be held responsible for non-compliance with laws and regulations in force in the host country. Any liability of the ZWITSERSE APOTHEEK is limited to the value of the product in question, determined according to the date of sale.
14.3 The 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.
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. The 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 the ZWITSERSE APOTHEEK.
15.3. The 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 the 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 the ZWITSERSE APOTHEEK are subject to Belgian law.
The 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 aS multilingual.