General Terms of Sales
Article 1 – Preamble
The particular conditions of each sale (goods purchased, price, terms, etc.), these general conditions of sale, the general conditions of use of the Site and the charter of protection of personal data, constitute the entire applicable contractual framework any sale that occurs on the Site. It cancels and replaces any other previous communication.
It is important to read, understand and accept each of the following terms, because any sale that occurs on the Site is subject to the application of this contractual framework, and in particular these terms and conditions of sale. By placing an order on the Site, you agree to be bound by these conditions.
This preamble is an integral part of the general conditions of sale.
The collection and use of your personal data that we make in connection with an order on the Site are made in accordance with the policy of protection of personal data to which we refer you.
Article 2 – Definitions
In these general conditions of sale, the following terms are understood as follows:
Property (s): Any good (es) that eshop.ksmc.eu offers for sale on the Site.
GCS: these General Conditions of Sale.
We: eshop.ksmc.eu we are the legal person who offers his Goods for sale on the Site, whose contact details are specified in Article 4 of these Terms, also referred to as “Our”, “Our”, etc.
Contracting Parties: The parties who undertake to abide by these terms and conditions, namely You and eshop.ksmc.eu (Us).
Website: the website accessible at the following address: www.eshop.ksmc.eu
Durable medium: any instrument allowing the consumer or the professional to store information that is addressed to him personally so that he can refer to it later for a period of time adapted to the purposes for which the information is intended and which allows the reproduction in identical stored information.
You: the person who accesses the Site, uses it and / or places an order to buy Goods on the Site.
Article 3 – Field of application
These Terms and Conditions define the respective obligations of the Contracting Parties to the sale of Goods through our online shop accessible on the Site in accordance with the ordering process defined in Article 7 hereof.
Article 4 – Legal information
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 5 – Your responsibilities
You declare to be legally capable and at least 18 years old on the day of placing the order. In the context of these Terms and Conditions, you act for personal purposes, to the exclusion of all professional or commercial purposes.
You agree to provide information in accordance with these terms of sales that is accurate and up-to-date.
You are the holder of the credit card and / or the PayPal account with which the payment (s) of the ordered goods will be made in accordance with the ordering process provided for in article 7 hereof, or confirm that you have the proper authorization of the holder.
The username and password to access your account are confidential. You agree not to disclose them to third parties.
Article 6 – Offer and Price
The representation of the products on our website does not have the value of a contractual offer but acts as a non-binding online catalog. All the Goods offered on the Site are described in good faith and as faithfully as possible.
Offers and prices are quoted in euros and are only valid at the date of placing the order. They can be modified at any time without notice.
The price reductions or other promotional offers indicated on the packaging of the products ordered are already included in our selling prices mentioned on our Site.
Only the price displayed on the Site is valid between the Contracting Parties. The prices offered at the end of the ordering process indicate the overall prices including all taxes, as well as the delivery costs and other possible costs.
Due to the large number of data on the Site, some may be inaccurate and if the price indicated is clearly incorrect, you may not require the conclusion of the sale at that erroneous price.
For security reasons, we do not offer for sale via our Site the following products:
- Prescription drugs
Article 7 – Conclusion of contract
7.1. Placing an order through the site
Any order placed on the Site follows different steps: each step is successively crossed by the “click” of a confirmation icon.
The ordering process follows a logical and transparent path that you can perceive with a proper layout and graphic.
When you click an icon whose label or presentation engages a commitment that any user would understand, you are bound by your click. This is for example the case of icons entitled “Validation”, “Payment” or any similar title.
The order process allows the correction of errors, as well as the identification of languages in which the contract can be concluded when multiple languages are available.
The order process makes it easy to understand which methods of payment are accepted, the delivery methods offered and the relative costs.
By clicking on the button “Confirm my order” you place a firm order for the items in the shopping cart. The confirmation of receipt of the order is made immediately after receipt of the order. This confirmation of receipt of the order does not constitute a firm acceptance of it.
7.2 Right to not validate an order
We reserve ourselves not to validate the order notably in the following hypotheses:
– In case of goods not available in stock. We offer for sale on the Site only the Goods that are available in stock. Our service offers and prices are valid as long as they are visible on the Site. However, in case of ordering a property which, for any reason, is no longer available in stock, we inform you and cancel the order for the property not available in stock;
– In case of refusal of validation of the payment by the issuer of the payment card that you use, or in case of fraud or reasonable suspicion of fraud;
– In case of ordering a large volume of the same good or to the same delivery address;
– In case of abuse of the right of withdrawal which is recognized in Article 11 hereof, during several previous orders;
– In the event of identification of a medicated or therapeutic risk detected in the order of the ordered Goods (for example, in case of identification of an interaction between various ordered products, etc.).
In such a case, the amounts, if any, that you have paid will be fully refunded to you as soon as possible the order will be canceled and the purchase contract is not deemed concluded.
7.3 Sending of confirmation e-mail and forming of buying contract
The purchase contract is concluded by the sending by us of an e-mail of confirmation of the dispatch of the order. This e-mail is sent within two working days from the receipt by us of your order.
You agree to check receipt of this order confirmation e-mail in your e-mail box, as well as in the section devoted to spam or junk mail if necessary.
This order confirmation e-mail contains a link to these terms and conditions
You agree to keep a copy of this e-mail confirmation of shipping the order and copy copies of the corresponding GCS, either by printing them or by keeping them on a durable medium.
7.4 Electronic Invoice
You agree to receive an electronic invoice.
Article 8 – Validity of the order
Notwithstanding any other written evidence or evidence stored on another durable medium to which you will have access, it is agreed that the computerized registers, stored in our computerized systems or in those of our host, may be worth as proof of the communications, the contents of the orders , their date and payments between the Contracting Parties.
Article 9 – Delivery
Upon sending the confirmation e-mail of the dispatch of the order, in accordance with article 7.3 of these Terms, we undertake to deliver the goods ordered to the delivery address indicated during the ordering process.
The delivery of the goods is done by parcel, by post, through a transport company mandated by us at the place of delivery that you have indicated. Delivery takes between two (2) and 10 (10) working days, except in cases of force majeure (strikes, blockages of road networks, rail or air, bad weather, …).
In the event that, however, we can not honor the delivery time announced, for whatever reason, you may order us by registered letter with acknowledgment of receipt or by writing on another durable medium, to make the delivery within a reasonable additional time. In case of non-compliance by us with this injunction, you can resolve the purchase contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
In such a case of cancellation of the purchase contract, we will be required to reimburse you for all amounts paid, at the latest within fourteen (14) calendar days following the date on which the contract was terminated.
Delivery times are generally between 2 and 10 working days. You will not be able to claim any damages and interests that may happen as of the cancellation of an order consecutive to the absence of delivery within the deadline envisaged in the present article.
You will be informed of any restrictions / constraints of delivery at the latest at the beginning of the order process.
Any risk of loss or damage to the Goods is transferred to you upon receipt by you of the Goods, that is to say as soon as you, or a third party designated by you other than the carrier, physically takes possession of these Goods.
All claims relating to an inaccuracy in the quantities or to an erroneous reference to the order confirmed on the Site, must be notified to our customer service, whose contact details are indicated in article 4 hereof, upon receipt of the products. This clause has no impact on the right of withdrawal and the legal warranties You have, if any, in accordance with these terms.
Customers outside of the EU may be subject to customs fees and/or import duties and taxes, which are levied once the order reaches the destination country. We are unable to cover any additional charges applied during customs clearance, these must be paid for at the customer’s obligation.
Article 10 – Payment terms
The methods of payment offered are payment by credit card, PayPal and if necessary by other payment methods that we will indicate to you at the latest at the beginning of the process of your order. We reserve the right to change the available payment methods without prior notice.
In the event of an indication of incorrect banking data, a chargeback, or an insufficiently supplied account, involving your liability or that of a third party related to you, the resulting costs and the fees of the banks are at your expense.
Payment of the purchase price is due upon conclusion of the contract. Insofar as the legal conditions are met, the customer will automatically be considered late in payment if he does not pay within 30 days from the date on which this payment became due and the invoice has been received, invoice in which these consequences are specifically indicated to the customer. In the event of delay, you are required to pay interest of 15% per year. No letter of reminder or formal notice is sent. The debtor is not considered late in payment if the payment is delayed for a reason that is not his responsibility.
Article 11 – Right to refuse order
You have the right to withdraw from your order, without giving reasons, within fourteen (14) calendar days. The withdrawal period expires fourteen (14) calendar days after the day on which you, or a third party designated by you other than the carrier, physically take possession of the Property (in the case of a regular delivery of Goods over a defined period, withdrawal period runs from the day you or a third party designated by you other than the carrier physically take possession of the first of these Goods).
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) by post to the address by phone at 00328885856 or by e-mail at info@eshop.ksmc.eu You can use the model withdrawal form although this is not mandatory.
For the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Our customer service, whose contact details are indicated in article 4 hereof, will then indicate how to return the products.
You agree to return the products to us without delay or at the latest within fourteen (14) calendar days following the communication of your desire to retract. This period is deemed to have been respected if you returned the products before the expiry of the fourteen (14) calendar day period.
The return costs are at our expense if a problem attributable to us has occurred in the processing and delivery of your order. Otherwise, the direct costs of return will be your responsibility.
In case of withdrawal on your part hereof, we will refund the amount paid during your order, including delivery charges (except for additional charges due in the event that you have selected one of a delivery more expensive than the proposed standard delivery), without undue delay and no later than fourteen (14) calendar days from the day we were notified of your decision to retract hereof.
We will refund using the same method of payment as you used for the original transaction, unless we specifically agree with you on another method of payment. In any case, this refund will not cause any costs for you.
We reserve the right to defer reimbursement until we have received the products or until you have provided us with proof of shipment, whichever is the earlier date.
You may be liable for the depreciation of the products resulting from manipulations other than those necessary to establish the nature, characteristics and proper use.
We reserve the right not to accept returns that are made directly to our head office and that do not comply with the procedure outlined in this article and the terms and conditions provided by Customer Service.
The order of the following products does not give right to retraction:
– Products that have been unsealed or damaged after delivery and that can not be returned for reasons of hygiene or health protection.
– Products made to your specifications or that have been clearly personalized.
– Products that can quickly deteriorate or whose expiry date could quickly be exceeded.
Article 12 – Security of payment, archiving and protection of personal data
We electronically record the concluded contract.
You can access the archived contract for which you were one of the Contracting Parties by contacting our customer service whose details are indicated in article 4 of these Terms and Conditions.
This archived contract is not made available to third parties under any circumstances.
Article 13 – Responsibility limits
We reserve the right to refuse an order, without our liability being incurred as such, for example, without this list being exhaustive, the communication of data clearly erroneous, non-payment or refusal of authorization from your financial institution, orders relating to an abnormally high number of products, etc.
In the event of non execution of an order, we can not be held responsible if the non-execution of the purchase contract, or its poor execution, is attributable to you, or is attributable to the unpredictable and insurmountable fact, of a third party foreign to the service, or finally, is attributable to a case of force majeure.
In the current state of technical devices, we can not guarantee an error-free and / or possible Internet data communication at any time. Therefore, we are not responsible for any technical or electronic errors beyond our control, especially regarding delays in the processing of orders.
Article 14 – Final dispositions
14.1 Modification of the general terms of sales
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 necessity of adaptation of the service to the legislative modifications, we will make every effort to make these adaptations as quickly as possible. During this period, you acknowledge that we will not be liable for temporary non-conformances.
The new terms and conditions are put online with mention of the date of update and you are immediately applicable.
The version of the GCS which 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 and Conditions.
14.2 Divisibility
If one or more clauses of these GTCS have to be declared void, invalid, illegal or inapplicable under the applicable law, in whole or in part, such 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.
14.3 Agrrement of evidence
The Contracting Parties agree that they may proceed to the exchange of information necessary for the Service and the execution of these GCS electronically. Any electronic communication between the Contracting Parties is presumed to have the same probative force as a written paper. The use of your identifiers allows us to consider that it is you who use the Service.
A printed version of the GCS 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 and records and commercial created and maintained in printed form.
14.4 Force majeure
Notwithstanding any provision to the contrary, neither Contracting Party shall be held responsible for delay in performance or non-performance of its obligations resulting from events of force majeure (such as strikes, war, earthquakes, cataclysm of any kind, effects direct or indirect explosion, fire, heat, flood and any other case of force majeure).
14.5 Relations
The present GCS can in no way be considered as a partnership, a joint venture or any other association between the Contracting Parties, 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.
14.6 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.
14.7 Complaints
You can contact us for any information, question or complaint concerning 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.
You can also contact the European Online Dispute Resolution Platform by going to http://ec.europa.eu/consumers/odr.
Failing this, the Brussels authorities are the only competent authorities, irrespective of the place of delivery and the method of payment accepted, in accordance with Article 15.8 hereof.
We are required to participate in the resolution of disputes with the relevant consumer conciliation board for cases concerning the sale of medicines and medical devices.
14.8 Settlement of disputes
The contractual relationship under these Terms and Conditions between you and us is subject to the law of Belgium. Any dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of these GCS 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.
Last update on 15/06/2019
