Terms and Conditions of Sale
Article 1 – Seller identity
Hendrik Van Veldekesingel 150, box 65
E-mail customer service: firstname.lastname@example.org
Tel. number: +32 (0)11 87 08 11
Company number: BE 0732.714.046
VAT number: BE0732.714.046
Bank account number: BE86 4203 0583 6601 3
Article 2 - applicability
The special terms and conditions of each sale (goods bought, conditions, prices), these Terms and Conditions of Sale, the general terms and conditions of use of the Website, and the privacy statement constitute the contractual framework applicable to each sale made on our website. They cancel any other, earlier communication.
By placing an order on the webshop, you accept to be bound by these terms and conditions.
The collection and use of your personal data in the context of an order on the website are carried out in accordance with the privacy statement.
These Terms and Conditions of Sale define the respective obligations of the Contracting Parties when selling Goods through the website and shop, accessible on the Internet site www.ocarepharma.com, in accordance with the ordering process described in Article 6 of these Terms and Conditions of Sale.
Article 3 - Definitions
In the general Terms and Conditions of Sale, the following terms are to be understood as follows:
Good(s): every (all) good(s) offered for sale by Ocare Pharma on the website.
Contracting Parties: the parties who undertake to respect these Terms and Conditions of Sale, namely you and Ocare Pharma.
Website: the Internet site of Ocare Pharma, accessible at the following address: www.ocarepharma.com.
Durable medium: any device that enables the consumer or the merchant to store information addressed personally to them in a way that makes this information accessible for future use for a period of time appropriate to the purpose for which the information is intended, and that enables the unaltered presentation of the stored information.
You: the person who accesses the Website, uses it and/or places an order there to purchase Goods on the Website.
Article 4 - Your responsibilities
You declare that you are legally competent and at least 18 years old on the day of placing the order. For the purposes of these Terms and Conditions of Sale, you are acting for personal purposes, exclusive of any professional or commercial purposes.
You undertake to provide information, in accordance with these Terms and Conditions of Sale, that is true, accurate and up to date.
You are the holder of the bank card and/or PayPal account with which payment for the goods ordered will be made in accordance with the ordering process provided for in Article 6 of these Terms and Conditions of Sale, or you confirm that you have the valid authorisation of the holder.
Article 5 - Offerings and prices
The presentation of the products on our Internet site serves as a non-binding online catalogue. All the Goods on the Website are described in good faith and as accurately as possible.
The offers and prices are indicated in euros and are valid only on the date the order is placed. They may be changed at any time without prior notice.
Price reductions or other promotional offers indicated on the packaging of the ordered products are already included in the selling prices on our Website.
Only the price indicated on the Website is valid between the Contracting Parties. The prices listed at the end of the ordering process indicate the total prices, including all taxes, as well as delivery costs and any other costs.
Given the amount of data on the Website, some data may be incorrect. If the price indicated is clearly wrong, you cannot demand that the purchase be concluded at this incorrect price.
Article 6 - Conclusion of the contract
6.1. Placing an order on the Website
Each order placed on the Website follows several steps: each step is completed successively by “clicking" on a confirmation icon.
The ordering process follows a logical and transparent sequence that you can see, thanks to the layout and graphic design provided for this purpose.
When you click on an icon whose designation or presentation entails a commitment that any internet user can understand, your click is binding. This is the case for the icons "Validation", "Payment" or similar icons.
The ordering process allows you to correct errors and determine the language in which the purchase agreement is concluded.
The ordering process allows you to easily understand which means of payment are accepted, which delivery methods are proposed and what their costs are.
You place a binding order of the items in your basket when you click the "Pay" button. Confirmation that the order has been received occurs immediately after the order is received. Confirmation that the order has been received is not a binding acceptance of the order.
6.2 Conditional non-validation of the order
We reserve the right not to validate the order, in particular in the following situations:
• If Goods are out of stock. We only offer Goods that are in stock on the Website. Our services and prices apply as long as they are visible on the Website. If you order a Good that, for whatever reason, is no longer in stock, we will inform you of this and cancel the order for the out-of-stock Good.
• If the issuer of the payment card you use refuses to validate the payment, or in the event of fraud or reasonable suspicion of fraud.
• In the event of an order for a large quantity of the same Good or for the same delivery address.
• If the right of withdrawal granted to you by Article 10 of these terms and conditions was abused on several previous orders.
In such a situation, the amounts you deposited will be fully refunded as soon as possible, the order will be cancelled and the purchase agreement will not be concluded.
6.3 Sending a confirmation e-mail and concluding the purchase agreement
The purchase agreement is concluded by sending an order confirmation e-mail. This e-mail is sent within two working days after we have received your order.
You undertake to check that you have received this order confirmation e-mail in your mailbox; if necessary, check the spam or junk folder.
The order confirmation e-mail contains a link to these Terms and Conditions of Sale.
You undertake to keep a copy of this order confirmation e-mail and a copy of the relevant Terms and Conditions of Sale, either by printing them out or by keeping them on a Durable medium.
6.4 Electronic invoice
You agree to receive an electronic invoice.
Article 7 - Validity and proof of the order
Regardless of any other written evidence or evidence stored on another Durable medium to which you have access, it is agreed that the automated records stored in our automated systems or those of our hosting service may serve as evidence of the communication, the content of the orders, their date and the payments made between the Contracting Parties.
Article 8 - Delivery
Once the order shipment confirmation e-mail has been sent, in accordance with Article 6.3 of this sales agreement, we undertake to deliver the Goods to the delivery address specified during the ordering process.
The Goods are delivered in a parcel, by post, by a transport company engaged by us to the delivery location you supplied.
The delivery times are generally 2 to 9 working days unless otherwise specifically stated on the Website or in case of force majeure.
You will be informed of any delivery restrictions/problems at the beginning of the ordering process.
We deliver free of charge from a certain amount, which is indicated on the Website when the order is placed (after the deduction of vouchers/discount vouchers and before the application of delivery fees). For all other orders, delivery fees are invoiced in accordance with the information stated on the Website when the order is placed. Any risk of loss or damage to the Goods is transferred to you when you take delivery of the Goods, that is, when you, or a third party designated by you who is not the transporter, physically take delivery of the Goods.
Any complaints relating to defects in the Goods delivered, an inaccuracy in quantities or an incorrect reference with respect to the order confirmed on the Website must be reported to our customer service department by e-mail after receiving the Goods. This clause does not affect the right of withdrawal and the legal guarantees you enjoy, if applicable, in accordance with these terms and conditions.
Article 9 - Terms of payment
The proposed payment methods are payment by bank transfer, credit card, via PayPal and, if applicable, via other payment methods that we will indicate at the beginning of the ordering process. We reserve the right to change the available payment methods without prior notice.
If incorrect bank details, a chargeback or an account with insufficient funds, for which you or a third party affiliated with you are responsible, is entered, the resulting costs and bank charges will be at your expense.
Payment of the purchase price is due upon conclusion of the purchase agreement. Provided that the legal conditions are met, the customer is automatically deemed to be in arrears if they don’t make payment within 30 days from the date on which such payment became due and the invoice, which specifically states the consequences of arrears, has been received. In case of arrears, you will be liable to pay default interest at 5% per annum. No reminder letter or formal notice will be sent. The debtor is not deemed to be in arrears if payment has been delayed for a reason beyond his responsibility.
Article 10 - Right of withdrawal
10.1 Your right of withdrawal
You have the right to withdraw your order, without giving a reason, within fourteen (14) calendar days from the day on which you, or a third party designated by you who is not the transporter, physically take delivery of the Goods.
To exercise this right, you must communicate your desire to withdraw your order before expiry of the 14-day period: by e-mail to the address info@Ocarepharma.com. This e-mail contains the subject "right of withdrawal", other information in the e-mail includes the order date, the name and address of the purchaser and a copy of the received order confirmation in attachment.
Our customer service department will specify the terms and conditions for returning the Goods. We reserve the right to refuse return shipments that do not comply with the stated conditions.
You undertake to return the Good to us, within no more than fourteen (14) calendar days following notification of your desire to withdraw your order.
We will pay the shipping fees if a problem attributable to us occurred during the processing and delivery of your order. If this is not the case, the direct costs of the return will be at your expense.
We will refund the amount paid at the time of your order, including the delivery costs (excluding the additional costs due if you chose a more expensive delivery method than the proposed standard delivery method), no later than fourteen (14) calendar days from the day we were notified of your decision to withdraw from this purchase agreement. We reserve the right to delay reimbursement until we have received the Good or until you have provided proof that the Good has been sent, whichever occurs first. We will proceed to refund you using the same means of payment that you used for the original transaction unless we expressly agree on a different means of payment with you.
You can be held responsible for the depreciation of the Good resulting from handling or use beyond what was necessary to establish the nature, qualities and functioning of the Good.
10.2 Exceptions to the right of withdrawal
You do not have the right of withdrawal when ordering the following Goods:
• Goods where the seal is broken or which are damaged after delivery and cannot be returned for hygienic or health protection reasons;
• Goods manufactured to your specifications or that are clearly personalised;
• Goods that can spoil quickly or whose expiration date may soon be exceeded.
Article 11 - Storage of the contract
We store the concluded contract electronically.
You may access the stored contract for which you were one of the Contracting Parties by contacting our customer service department; the contact details are listed in Article 1 of this sales agreement.
Under no circumstances shall said contract be made available to third parties.
Article 12 - Liability limitations
We reserve the right to refuse an order without being held liable, e.g. on the grounds of, and this list is not exhaustive, the transmission of obviously incorrect data, non-payment or authorisation refusal from your financial institution, orders relating to an abnormally large number of Goods, etc.
In case of non-execution, we cannot be held responsible if the non-execution or poor execution of the sales agreement is either attributable to you or due to an unforeseeable or insurmountable fact, to the transporter or third party when providing services to the customer or a fact attributable to a case of force majeure.
In the current state of technical means, we cannot guarantee that data transmission over the Internet is error-free and/or possible at all times. Consequently, we decline any responsibility regarding technical and electronic errors that might occur beyond our control, in particular with regard to delays in the processing of orders.
Article 13 - Legal guarantees
The Goods are covered by legal guarantees.
If a guarantee is mentioned in the description of an item, your legal rights in this regard remain in force.
The company guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the sales agreement.
Article 14 - Final provisions
14.1 Amendments to the sales agreement
We reserve the right to amend this sales agreement at any time, without prior notice, in function of the changes made to the service, the evolution of legislation, or any other legitimate reason.
In the special case that the service has to be adapted in connection with legislative changes, we shall make every effort to make these adaptations as quickly as possible. During this period, you acknowledge that we cannot be held responsible for temporary conformity issues.
The new sales agreement will be put online indicating the date of revision and apply to you immediately.
The version of the sales agreement that is objectionable to you is permanently available on the service.
You undertake to keep yourself informed of these changes by regularly consulting the sales agreement page.
If one or more clauses of this sales agreement, in whole or in part, should be declared void, invalid, illegal or inapplicable under applicable law, this will not affect the validity of the remaining clauses. The void, invalid, unlawful or inapplicable clause will be retroactively replaced by a valid and applicable clause whose content is as close as possible to the original clause.
14.3 Evidence agreement
The Contracting Parties agree that they may proceed with the exchange of the information necessary for the service (including the invoice) and the execution of this sales agreement by electronic means. All electronic communication between the Contracting Parties shall be deemed to have the same evidential value as a paper-based document. When your username/password is used, we assume you are using the service yourself.
A printed version of the Terms and Conditions of Sale and any warning notices in electronic form will be accepted in any judicial or administrative proceedings relating to this contractual relationship, just as and under the same conditions as other documents, records and commercial documents prepared and retained in printed form.
14.4 Force majeure
Notwithstanding any provision to the contrary, neither of the Contract Parties will be held responsible for delay in the performance or non-performance of its obligations due to force majeure (such as a strike, war, earthquake, disaster of any kind, direct or indirect effects of an explosion, fire, heat release, flood or any other type of force majeure).
The relationship we maintain 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 interfere. You shall indemnify us, our administrators, employees and other staff members against any legal action, damages of any kind, whether known or unknown, with respect to disputes that you may be involved in.
14.6 Communications and notifications
Any communication or notification from us to you shall be deemed valid when addressed to the e-mail address you provide to us, even if it is no longer valid.
You can contact us with any information, questions or complaints concerning the Website or the Terms and Conditions of Sale through our customer service department, which can be reached via the "Contact" section.
In the event of a dispute, you should first address our company with a view to reaching an amicable settlement.
You may also address the European platform for online dispute resolution on the website https://commission.europa.eu.
If this is not possible, only the Belgian authorities are competent, regardless of the place of delivery and the accepted method of payment, in accordance with Article 14.8 of this sales agreement.
14.8 Dispute resolution
The contractual relationship based on this sales agreement between you and us is subject to Belgian law. Any dispute relating to the validity, interpretation, execution or non-execution, interruption or dissolution of these Terms and Conditions of Sale shall be governed exclusively by Belgian law and shall fall within the exclusive jurisdiction of the Belgian courts and this for any type of procedure.
The choice of applicable law may not deprive the consumer of the protection assured to him by the provisions from which derogation is possible only by virtue of the law which would apply in the absence of choice. The choice of applicable law does not allow deviation from the mandatory rules of international law before the law of the court.
Last updated 13/01/2023