The service that you are visiting and/or in general the informational service in which the present text is integrated (the “Service”) accessible through the website www.eshop.ksmc.eu (the “Website”) is regulated by conditions of usage. The present text refers to the general usage conditions that you accept by using the Service.

The present General Terms of Usage (“GTU”), the Privacy Policy and the Conditions of Sales constitute the totality of terms between you and us concerning the usage of the Service and cancel and substitute all previous communications, offers, proposals, correspondence written or verbal between you and us.

In the Privacy Policy section there are information on the handling of personal data

Article 1 – Legal information on the Service

Identity of the company: The site is operated by KSMC SPRL., a limited reliability company under Belgian law, headquartered in Bastion Tower Level 20-21, 5 Place du Champs de Mars, Bruxelles, Belgium, registered in the chamber of commerce of Bruxelles with VAT number BE0825580064

Contact : Our customer service can be contacted by email at info@ksmc.eu and by telephone at 00328886536 Monday to Friday 09:00-17:00.

Article 2 – Object of general terms

These Terms of Use are intended to define the provisions applicable to any use of the Service, including access to the Service and its use by a user (hereinafter “You”, “Your”, “Your”, etc.).

Use of the Service implies unreserved acceptance of the Terms. If you do not accept these Terms, you may not use the Service and have the option of leaving it immediately.

Article 3 – Conditions and modes of access to the Service

• 3.1 Accessibility

  We provide our best efforts to keep the Service accessible 24/7. We strive, reasonably and expeditiously, to maintain the security and operational integrity of the Service by adopting security measures appropriate to the nature of the Services. data and the risks faced on data actions.

  We reserve the right to interrupt, temporarily suspend or change without notice access to all or part of the Service, in order to maintain, upgrade or for any other reasons, including technical, without these maneuvers giving rise to any obligation or compensation.

• 3.2 User account

  Creating an account involves providing us some information of identification.

  Access to your account is reserved for you after identification using your username and password that you have freely determined.

  When creating this account and as you register, you agree to provide accurate, complete and up-to-date information.

  You remain the sole guarantor of the information stored in your account. You can add, modify or remove them at any time.

  You acknowledge that your username and password are strictly personal and confidential. The use of username and password through the internet is at your own risk. It is your responsibility to take all necessary steps to protect your own data against any infringement. In this sense, we can not be held responsible for fraudulent access to your account or any changes made to your account.

• 3.3 Your obligations

  By accessing, visiting or using the Service, you warrant and certify that you:

  • – Have the legal capacity to engage in this contractual relationship;
  • – Have read and approved these Terms and the Privacy Policy;
  • – Are responsible for any use that will be made of the Service, by you or by any person using your identifiers.
• 3.4 Prohibition of unlawful or fraudulent use
• You are informed that all laws and regulations in force is applicable on the internet.
• You certify that you will not use the Service for any purpose that is unlawful or prohibited by law or GTU In all cases, and not exhaustively, you must not :
• – Intercept or attempt to intercept e-mail or any other private communication that is not intended for you;
• – Use means that would limit the normal use of the Service by a third party;
• – Send e-mail to other Internet users, for any reason other than an individual communication and in particular, use the Service as a mass communication tool to communicate a message of a general and unsolicited nature by recipients
• – falsely present you as one of our employees, agents or attendants;
• – Use all or part of the data provided and collected on the Service for any commercial purpose.
• Depending on your state of residence, you may also be subject to specific regulations that you agree to know and respect.

Article 4 – Our guarantees and responsibilities

• 4.1 Quality of information and content

  As for the information and content we provide on the Site, we are only bound by an obligation of means; we do not support any obligation of result of any kind whatsoever.

  All information on this Site has been carefully documented, controlled and updated. It can not, however, be guaranteed that all indications and illustrations are complete, accurate and up-to-date at all times. This particularly concerns product information. In general, we disclaim all responsibility and do not warrant the legitimacy, timeliness, accuracy, completeness, reliability or availability of the information and services offered by the Service.

  We decline in principle any liability for damages, material or immaterial, resulting from the use or non-use of the information presented, or the use of incorrect and incomplete information, to the extent that no intentional error , or due to gross negligence, can not be imputed to us. All the offers presented on the Site are without commitment and given as an indication. We expressly reserve the right to modify, supplement, delete parts of the Site or the entire offer without notice, or to suspend publication temporarily or permanently.

  In general, we remind you that the indications on this Site regarding medical indications, medications and treatment methods can not replace the advice of a doctor or those of a pharmacist.

  The data provided can not be considered exhaustive and may have changed since they went online. Only your doctor is authorized to implement a treatment adapted to your personal case. The data provided is our property may not be reproduced or disseminated by any means, any printing may relate only to non substantial extracts and be made only for strictly personal and non-commercial purposes.

  If you have any questions about our service (excluding pharmaceutical advice or product advice), you can also contact us by instant messaging. The information obtained through these instant messenger services is provided for information purposes and can not in any case constitute a pharmaceutical advice or replace the consultation of a health professional. If you wish to submit a question to our pharmaceutical advisers, we invite you to contact us at the email address and telephone number indicated in article 1 hereof.

• 4.2 Content provided by third party sources

  Under no circumstances can we accept any liability whatsoever for any consequence whatsoever resulting in particular from the use of the Service by the users of the Site or resulting from the information provided by the users of the Site via this Service. This information is the responsibility of each user of the Site who provides it, modifies it and controls it.

  We are not obliged to check the legality of the information transmitted and registered by third parties, or to look for circumstances indicating an illegal activity.

  We are, however, entitled to remove or block the use of information in accordance with applicable law, from the moment we become aware of a breach of the law by information provided by third parties.

• 4.3 Security and access

  Many factors beyond our control may interfere with the operation of the Service. Therefore, We do not guarantee continuous, uninterrupted or secure access to its Services. Correlatively, we can in no way be responsible for an interruption of access to the Service and the consequences that may result.

  We can never be held responsible for any damage (direct or indirect) or any temporary or permanent incident that may be caused to your data or computer equipment during your access to the Service or when visiting your account or generally during the transmission at your receiving device of the files and software that make up the Service. In particular, we are not responsible for the possible transmission of a virus through our Service.

  We are not responsible for the fraudulent use of our means of dissemination and disclaim any liability in case of intrusion into our computer systems and data theft, provided that we implement the necessary means to prevent such illegal intrusions.

• 4.4 Damages and harms

  Within the legal limits set, we are not liable for any damages you may suffer as a result of force majeure or any commercial loss, loss of customers, loss of brand image, commercial disturbance or any other special damage direct or indirect occurring from or in connection with the Service or these Terms.

Article 5 – Your responsibilities

• 5.1 Your content

  By publishing information and content such as photos, documents, comments or feedback on the Service, everyone contributes to the dialogue and the functioning of our Service.

  In order for this dialogue to be carried out properly and the Service to be effective, you agree to comply with all of these Terms and applicable legal regulations..

• 5.2 Responsibility regarding content

  You acknowledge that you are solely responsible for the content posted online by you or through your account, all consequences that may result from your contributions, any breach of your obligations under the provisions or legal notices applicable to this Service, and all the consequences of that failure.

• 5.3 Informations provided

  The information you provide can not, without this list being exhaustive:

  • – be false, inaccurate or misleading (it should, as far as possible, be true and verified);
  • – being defamatory, illegally threatening or harassing;
  • – Being obscene (pornography, pedophilia), contrary to public order and morality;
  • – Attack/disrespect or intend to incite attacks/disrespect based on race, belief or absence, ethnicity, gender or sexual orientation;
  • – Contain viruses, Trojan horses or any other computer program whose purpose is to harm, intercept or expropriate system, data or personal information;
  • – Infringe the rights of third parties such as intellectual rights, the right to the protection of privacy and personal data, etc.

  Therefore, you must ensure that any information and / or material from a third party, included in the information you provide, is used with the prior express consent of the third party concerned.

  When you post content protected by intellectual property (photo, text, drawing, etc.), you agree to check beforehand that the rights holder consents. In addition, when the online content is a photo of an identified or identifiable person, you agree to check beforehand that it has agreed, even if you are also the author of the photo.

• 5.4 Indemnisation

  You will guarantee and indemnify us for any claim and / or proceeding initiated by a third party, regardless of its form and nature, that is directly or indirectly related to the information provided and other content disseminated by you on the Site or who would find his cause in a behavior on your part that would be contrary to these.

  As such, you will be responsible for all damages and interest to which we could be sentenced as well as legal costs and fees incurred by us. We undertake to inform you as soon as possible of such legal action.

  We reserve the right, freely and at our expense, to participate in the defense and / or amicable settlement of a claim or to assume alone our defense and control of the proceedings, without however relieving you of your obligations to compensation.

  You can not under any circumstances accept an amiable solution that would implicate our liability or charge us with any obligation whatsoever without our prior consent.

• 5.5 Deletion/modification

  We reserve the right, in our sole discretion, to remove without prior notice any information provided by you that is believed to be harmful, inaccurate, misleading, inadequate or inconsistent with the terms of the GTU or the Privacy Policy. personal data or the laws in force.

Article 6 – Messages published in the forum

We manage on the Site a forum dedicated to the evaluation of the products. This forum allows users of the Site (including you) to post information on the Site by personally evaluating the products. They can use on this forum their user identifiers if necessary. The notice will be published as follows: “First name + first letter of last name.” For example: John Doe> John D.

The product evaluation forum is only for the exchange of experiences and opinions of users, and this for informational purposes.

The messages published on the forum do not in any way replace the professional and individualized advice of a doctor or a pharmacist. The contents of the forum are not intended to have the value of advice or medical recommendations or instructions to follow regarding the use of drugs or other health products or for specific diseases. Messages posted on the forum can not and should not be used for diagnosis or for the choice or use of treatment methods.

In the event of a health problem, you agree to always seek the advice of a doctor or a pharmacist.

The messages published on the forum represent exclusively the opinion of the users of the Site. We have no influence on the form and content of the evaluations before publication on the forum. The messages published on the forum do not reflect our opinion. We are not bound by the content of the messages either. Therefore, we are not responsible for the form and content of messages posted on the forum.

We remind you that messages posted on the forum with a visible or hidden advertising purpose are strictly prohibited and may in some cases be subject to sanctions.

Immediately after their discovery, we will permanently remove from the forum messages that violate legal regulations or our guidelines for product evaluation.

Article 7 – Backlinks and hyperlinks

The Service may refer to other third party services over which we have no technical or content control. The existence of a hypertext link to the service of a third party does not constitute a validation of this service or its content.

We can not therefore offer any guarantee as to the completeness or exactness of the content of these third-party services, nor in terms of their availability.

In general, we are not responsible for the content on other websites to which the Site refers. We do not accept any liability for direct or indirect damages resulting from the consultation or use of the web services to which the Service refers or published information on these services. We also decline any responsibility for the processing of personal data on these services.

We invite you to read the GTU and the personal data protection policies of these third-party Internet services to which it is referred.

Article 8 – Intellectual Property

• 8.1 Our intellectual property

  We grant you a free, personal, non-exclusive and non-transferable right to access and use the Service, subject to compliance with these terms.

  You are hereby authorized to use the content of the Service for your personal information, as a source of information or data collection.

  The Service (considered as an inseparable whole) and the various elements appearing on the Service (such as texts, photographs, catalogs, layouts, brands, logos, illustrations, specific software, videos) are protected by intellectual rights belonging to us or owned by our licensors. Where applicable, they have been the subject of an authorization of publication, dissemination or a right of use acquired from these third parties.

  The logo, the names of the products, services or the names of companies mentioned on this Service may constitute the trademarks, trade names, corporate names of their respective owners. You expressly agree to respect these intellectual property rights.

  Subject to the exceptions provided by law, you are prohibited, without this list being exhaustive: to modify, copy, distribute, transmit, distribute, publish, license, transfer, sell, reproduce or reproduce all or part of the information, software, product or service obtained from this Service, temporarily or permanently, by any means, known or unknown, on any medium, without our prior written consent. Failure to comply with this prohibition constitutes an infringement liable to incur the civil and criminal liability of the infringer.

  Hypertext links to the Service are tolerated provided that they return to the home page (unless otherwise indicated by us) and are not accompanied by any demoting or defamatory remarks about the Service.

• 8.2 Your intellectual property

  For the content published by you on the Site, protected by intellectual property rights that you hold, you grant us a non-exclusive, transferable, sublicense, royalty-free and worldwide license for use, reproduction, the modification, translation, distribution, adaptation and communication of these contents published on the Service or sent by e-mail. This license will apply throughout the legal term of copyright.

  In case of contribution (testimony, advice, recommendation), this license will allow us to publish the testimony or the advice that you have provided throughout the Service or to certain users of the Site who may have an interest. It will also allow us to modify or remove them when necessary for the administration of the Service. This license includes the moral rights you may have and waive unless you can demonstrate that the change in question is detrimental to your honor or reputation.

Article 9 – Confidentiality and respect

You agree to treat in a strictly confidential manner and not to transmit to third parties the information, images or other contents resulting from an activity related to the Service.

You are also prohibited from using the information obtained from the Service to abuse, harass or injure another person or to contact, promote, solicit or sell information relating to that person, without their explicit prior consent .

Article 10 – Protection of personal data

The communication of personal or professional data (e-mail addresses, names, postal addresses) made possible by the Service is carried out on an expressly voluntary basis, in accordance with the Data Protection Policy.

You may also use certain features of the Service without having to enter such data or by providing anonymous data or a pseudonym – as far as is technically possible and reasonable.

The use by third parties of our contact information such as our postal address, our telephone number and our e-mail address published in the context of the legal notices presented on the Site or similar indications, for the sending of information n have not been expressly solicited, is not allowed. We reserve the right to take legal action against unsolicited mailers for violations of this prohibition.

Article 11 – Suspension of your account

We can delete an account. This suppression as of our initiative may be the result of zero use of the account during a given period, and / or a temporary measure taken by us against a suspicious account, for example when we have reason to believe that you do not comply with these, and / or the result of a request from a third party alleging the violation of his rights, or from a competent authority. You can not claim any compensation for a deletion, even at fault.

Article 12 – Final dispositions

• 12.1 Modification of the terms

  We reserve the right to modify these Terms and Conditions at any time, without notice, based on changes to the Service, changes in law or for any other legitimate reason.

  In the particular case of the need to adapt the Service as of legislative changes, we will make every effort to make these adjustments as quickly as possible. During this period, you acknowledge that we will not be liable for temporary non-conformances.

  The new terms are posted online with mention of the date of update and are immediately applicable.

  The version of the GTU that is opposable to you, is available permanently on the Service.

  You agree to keep yourself informed of these changes by regularly consulting the page of the Service containing the Terms.

• 12.2 Contradictions

  If one or more clauses of the GTU must be declared void, invalid, illegal or unenforceable under the applicable law, in whole or in part, such a situation would not affect the validity of the remaining clauses. The void, invalid, illegal or unenforceable clause will be retroactively replaced by a valid and applicable clause the content of which is as close as possible to that of the original clause.

• 12.3 Agreement of evidence

  The contracting parties (you and us) agree that they may exchange the information necessary for the Service electronically. Any electronic communication between the contracting parties is presumed to have the same probative force as a written document. The use of your identifiers allows us to consider that it is you who use the Service.

  A printed version of the GTU and any notice of warning issued in electronic form will be accepted in all legal or administrative proceedings related to this contractual relationship, on the same basis and under the same conditions as other documents created and kept in printed form.

• 12.4 Force majeure

  Notwithstanding anything to the contrary, no party shall be held liable for delay in performance or non-fulfillment of its obligations resulting from events of force majeure (such as strikes, war, earthquakes, cataclysm of any kind, direct effects or indirect explosion, fire, heat, flood and any other case of force majeure).

• 12.5 Relations

  The present GTC can not under any circumstances be considered as a partnership, a joint venture or any other association between the contracting parties (you and us), and neither of the contracting parties can be considered as the agent or the employee of the other. The relationship we have with you is that of an independent contractor.

  In the event of a dispute between you and other users of the Service or between you and a third party, we have no obligation to become involved. You release us, our directors, employees and other members from any action, damages or interest of any nature whatsoever, known or unknown, relating to such conflicts to which you would be bound.

• 12.6 Communication and notification

  Any communication or notification we make to you will be deemed valid as soon as it is sent to the email address you have given us, even if it is no longer valid.

• 12.7 Advertisement

  You can contact us for any information, question or complaint that concerns the Site or the Terms and Conditions via our customer service accessible under the heading “Contact”.

  In the event of litigation, you will address in priority to our company in order to obtain an amicable settlement. Failing this, the Brussels authorities are the only ones competent, whatever the place of delivery and the mode of payment accepted, in accordance with article 12.8 hereof.

• 12.8 Settlement of disputes

  Any contractual relationship under these Terms between you and us is subject to the law of the Kingdom of Belgium. Any dispute that results from the validity, interpretation, performance or non-performance, interruption or termination of these Terms will be exclusively governed by the law of Belgium and will fall under the exclusive jurisdiction of the Courts Brussels for any type of procedure.

  However, the choice of the applicable law can not result in depriving the consumer of the protection afforded by the provisions which can not be derogated from by agreement under the law which would have been applicable in the absence of choice. The choice of the applicable law does not make it possible to derogate from the obligatory rules of the international law compared to the law of the court seized.