General Terms and Conditions
1. Realisation and acceptance of an agreement
In this agreement the user will find the contractual rules regarding a) the use of BePharma and b) the orders which the user is currently considering to make through BePharma.
By simply visiting and consulting BePharma or by placing an order through BePharma, the user agrees to the contents and each time a new agreement will be made.
BePharma also maintains the right to modify the contractual clauses, with which the publication on the site applies as notification of the change. The further use of the website will be considered as an acceptance of the modified terms.
Other conditions (e.g. those of the purchaser) will therefore never apply, unless BePharma prior and written consented to the abnormal condition(s).
By the acceptance of the agreement, the user acknowledges that it a) previously had the possibility to read - prior to its acceptance - the agreement b) if necessary, to negotiate the content, clause by clause and c) to print or to store them.
The user accepts that the evidence of his prior inspection and aforementioned negotiation by BePharma can be delivered by the acceptance of the agreement by the user.
2.1 BePharma: the website of PLC Apotheek Piringen, located at Sint-Truidersteenweg 410, 3700 Tongeren. KBO number: 0428.203.035, APB 742715 with Mrs. L. Ponet as responsible product specialist. uk.bepharma.com is also mentioned under BePharma.
2.2 Client: Any natural or legal person, legally competent and over 18 who places an order at BePharma.
2.3 Order: The request by the client to conclude a sales agreement between the PLC Apotheek Piringen and the client of the BePharma regarding the products offered through BePharma.
2.4 Product sheet: Shows the information (text, photos, subdivision into specific category) about a product for sale.
2.5 Products: All goods offered on BePharma.
2.6 Transaction: The total of operations, safety obligations, authorisation processes and agreements inherent to the payment of products ordered by credit card or any other means of virtual transaction through the site.
Keeping in mind the current legal regulations that apply on offering products available in a public store through the Internet, not all products of PLC Apotheek Piringen are available through BePharma.
Each visitor has the possibility to register as a user, after which he then may proceed to place orders.
The thus generated access to BePharma is personal and is restricted to legally competent adults. The user agrees to not let third parties use his login details and password and to prevent abuse by third parties.
BePharma reserves the right to impose additional identification measures (use of the electronic identity card for example).
In case of (suspected) unlawful or forbidden use, BePharma is allowed to delete the user's registration, unabated the right of BePharma to impose liability on the user.
5. Important warning prior to ordering
5.1 Many products offered by BePharma must be used with the greatest caution, after prior diagnosis and advice by legal acknowledged doctor or therapist.
5.2 The information provided by BePharma is composed with the utmost care and regularly checked and updated by a product specialist, but is purely informative. It will never replace a diagnosis or advice, because BePharma can't be aware of the full medical history of each user. The packaging and the information on the packaging of the products that we sell through our websites are in French and Dutch.
5.3 BePharma keeps information about the previous orders of a user, but this information is only used for logistical reasons (replenishing the stock for example). The user should not assume that the history of his orders, will lead to an automatic warning.
5.4 If the user is unsure about the suitability of a particular product, BePharma formally recommends to not order the product, to cancel the order of the product or - if it has already been delivered -to not use the product (further), without having consulted an expert doctor first.
5.5 BePharma emphasises that the legal and deontological rules applicable to the general management can result in the halt of a placed order, if the order - in the opinion of the general manager - is not in accordance with the aforementioned rules.
5.6 The packaging and the information on the packaging of the products that we sell through our websites are in French and Dutch. If the delivery address of your order is outside Belgium, the packaging and the information on the packaging shall not be in the official language(s) of your country. If you order on our websites, you agree with this. We shall do our best to publish product information in different languages on our websites. We invite you to contact our customer care service if you have any further questions.
6.1 All the information that the client sends to BePharma (input of data inherent to the order) is binding. BePharma can in no way be held responsible for any erroneous entry of destination information or health information. BePharma can also not be held responsible for delays concerning the delivery or the inability to deliver ordered products.
6.2 The automatic registration systems naturally offer a proof of the contents and date of the order.
6.3 After receiving the application for ordering BePharma confirms to the client the acceptance of the order by sending a confirmation to the email address that the client has communicated when registering his order. The sale will be completed no earlier than the date of dispatch of the confirmation of the order.
6.4 In general and without further explanation needed, BePharma reserves the right to refuse or cancel any order, including the case of payment problems with the order in question or a dispute concerning the payment of a previous order.
6.5 The order is only final once a) BePharma has accepted this and b) the client has paid the full amount including postage to BePharma, in accordance with the designated payment method.
6.6 The majority of products are in stock. If an ordered product is not available or not immediately in stock, BePharma will inform the client via email about the delay of the delivery. If the client does not agree with the delay, he may modify or cancel his order.
7.1 The prices on our website are displayed in € and £. The price listed on the product sheet does not correspond with the costs related to transportation.
7.2 The price mentioned in the order confirmation is the final price and expresses all associated costs. That price includes the price of goods, the handling costs, packaging costs and storage of the products and the transport costs.
7.3 BePharma reserves the right to change the price at any time, but the products are billed based on the prevailing rates at time of registration of the orders.
8.1 The price of the goods is payable by a cash payment or by one of the resources presented on the day of order.
8.2 The protection against fraudulent use of the means of payment used for the transaction, particularly as a result of piracy against possible disputes of payment of money orders is assured by the company Ogone.
8.3 The order validated by the client is not effective until the institution for the secured bank payment and the company Ogone have given their agreement on the implementation of the transaction. In case of refusal of the institution for the secured bank payment or of the company Ogone, the order will be canceled automatically and the client will be notified via email.
8.4 The information about the order is part of an automated processing of data for which Ogone is responsible. This automated data processing aims to fight against bank card fraud. Ogone and BePharma are the data receivers in relation to the order. The absence of data in relation to the order prevents the realisation and analysis of the transaction. In the event of fraudulent use of a bank card, a false statement or an anomaly, the data in relation to the corresponding order and the non-payment can be subjected to an intake into a file of payment incident.
9.1 The deliveries are made, after confirmation of the order by Farmline and the acceptance of payment by the institution entrusted with the transaction, within 2 working days for orders placed within Belgium.
9.2 By placing an order, the client commits himself to the settlement of reception of the goods, all taxes, duties and other current and future costs due to the title of delivery of the ordered goods. The solidary liability of the PLC Apotheek Piringen can not apply in that respect.
9.3 The deliveries are mainly made by DPD. The rates of delivery and time are available on http://uk.bepharma.com/clientservice/delivery/. No compensation can be claimed from BePharma or from the carrier by the client in case of late delivery.
9.5 If the package is not received despite several passages of the carrier, it is then returned to BePharma and the recipient gets notified via email. An additional delivery may be requested by the client and he will bear the costs of this (even if the first shipment was free). When receiving communication of non-reception of an order, BePharma will take into account the data obtained by DPD regarding the delivery. If these tracking data indicate reception of the package, there can be no compensation measure expected from BePharma.
9.6 The buyer must inspect the delivered goods immediately upon reception. If the supplied goods do not correspond exactly with the order, present a defect (a crack for example) or are incomplete (a missing product leaflet or expired product for example), the buyer must immediately inform BePharma via email and if necessary contact the customer service team before proceeding to use the goods.
9.7 Clients or recipients of the goods shall refrain from any partial or full resale.
10. Right of Withdrawal
10.1 In accordance with the applicable legislation in the field of distance selling (Code of economic law), the client has the right to renounce his purchase (with the exception of medicines, the medical tools and baby food, except in cases of non-payment) without punishments and without giving reasons. The client has a period of 30 calendar days, starting from the day on which the ordered goods were received, to return them to the PLC Apotheek Piringen for exchange or refund. To obtain the refund or exchange, the client must send back the new products (with delivery note) at his own expense and under his own responsibility. The new products will have to be returned, in their original packaging, undamaged and accompanied by any accessories (such as product leaflets and other manuals and documentation), to the following address: BePharma, Sint-Truidersteenweg 410, 3700 Tongeren, Belgium.
10.2 If the goods are sent to BePharma under the right conditions and within the right time, BePharma will return the payments made by the client, and this without costs. If the delivery costs were initially borne by BePharma (commanded by an amount which led to "free shipping" or in the event of promotion), then those costs will be deducted from the amount to be repaid by the client. The restitution intervenes in a time period of maximum 14 days, starting from the day on which BePharma received the merchandise.
10.3. There is a Right of Withdrawal that only applies prior to the shipment of a package. This renouncement must be sent to us via the contact page or by e-mail to firstname.lastname@example.org. Dit kan eveneens door gebruik te maken van het modelformulier.
11.2 In no case can BePharma or PLC Apotheek Piringen be held responsible for disrespect of legislation and regulations in the receiving country. Any liability of BePharma PLC Apotheek Piringen is exclusively limited to the value of the product in question, as determined by the date of sale.
11.3 BePharma does not guarantee that the use of this website would be free of viruses and / or other harmful elements or programs, nor that the links on this website to other websites, would be free of viruses and / or other harmful elements or programs, and thus hereby will not take any responsibility in general and for damage. The reference (link) to other websites does not contain a recommendation or warranty (inter alia for the accuracy and completeness of its contents, its availability, its being virus free) regarding these other websites.
12.2 BePharma, the PLC Apotheek Piringen and the store manager can also not be held liable for possible changes in the products made by manufacturers.
12.3 The liability of BePharma, the PLC Apotheek Piringen will in any case be limited to the amount of the order and cannot be doubted for minor errors or omissions that could have occurred despite the precautions taken in the presentation of the goods. Also, the photographs presented on the site are provided purely for an illustrative cause. In no case can a modification of the packaging or of the contents of a good be invoked in the event of deviation in comparison with the photograph available on the site. The references disclosed in the product descriptions are purely indicative. The client must 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 contraindications) that the user should respect.
13. Intellectual property rights
The texts, photographs, drawings, films, images, data, e-shop product database, software, names, trade names and domain names, brands, logos and other components of BePharma are protected by intellectual rights and belong to BePharma or third parties.
It is prohibited to, without prior written consent of BePharma, store the offered information (except if required to view the website), reproduce, modify, publish, distribute or send, sell or in any other way transfer or grant any rights to a third party, on penalty of damages.
14. Data protection and privacy
14.1 The collection of personal information is required by law in the case of distance selling. This information is essential in order to correctly process and send orders. If this data is missing or incomplete, the order can be declared invalid.
14.2 In the event that personal data and information is requested, you can be sure that this information is handled by BePharma in accordance with the law of 8 December 1992 on protection of privacy. The user has a right to inspect, check, improve and delete the data and information. Personal data will not be revealed to third parties.
The parties acknowledge that this agreement is balanced, taking into account the mutual rights and obligations. The invalidity of one of the clauses (or a part of it) does not imply the invalidity of the rest of the clause or the agreement. If a clause would prove invalid, then the parties will be so good as to negotiate a new clause which corresponds with the original agreement as well as possible.
16. Applicable law and jurisdiction
For any dispute, arising from the use of this site and / or any data on it, the Belgian law will apply, while in case of dispute the small claims court or the courts of the place of the headquarters of the PLC Apotheek Piringen have exclusive jurisdiction.
If you have a complaint about a purchase and you are not satisfied with the solution you received from BePharma but you don’t want to file a lawsuit, then you can try to reach for a solution through an online dispute resolution service. Through the website http://ec.europa.eu/odr you can find an online mediation service and go through the procedures to find a solution for your complaint. Important: you can only use this system for complaints about purchases over the internet.