Terms of Sales
1. PREAMBLE : These General Terms and Conditions of Sale apply to all commercial transactions concerning the products offered for sale by the Botalys sa within its online store, to the exclusion of all other conditions (unless expressly waived in writing and approved by the parts). The mere fact of ordering by the vector of the website Botalys leads to the adhesion to the general conditions reproduced below.
2. IDENTITY OF BOTALYS SA: Botalys SA, 8 quai des Usines 7800 Ath Belgium Email: firstname.lastname@example.org Phone number: 068 33 18 08 (Monday to Friday from 9 am to 5 pm) VAT identification number: BE 0834.134.177
3. DEFINITIONS: The terms used in these terms and conditions or on the Botalys website must be understood as follows: 3.1. Botalys: the website on which products are presented and sold to customers. All domains (.be, .lu, .fr, .nl, …) and related URLs are included under the name Botalys. 3.2. Customer: any natural or legal person, legally able to order product (s) by the vector of the site Botalys. 3.3. Order: request for conclusion of a sales contract by the customer between Botalys SA and the customer of the Internet concerning the products presented by Botalys SA. 3.4. Product sheet: refers to the information (text, photos, graphics, classification system by heading, …) related to a product on sale on the site of Botalys. 3.5. Products: all goods offered for sale by Botalys SA by the vector of its Internet Website. 3.6. Transaction: all transactions, secure processing, authorizations and agreements relating to the payment of products ordered by credit card or any other means of virtual transaction offered on the site.
4. ACCEPTANCE OF CONDITIONS The customer acknowledges having read these general conditions of sale and declares, by placing the order, expressly accept them without reservation. The validation of the order implies acceptance of the general conditions of sale.
5. OBJECT Botalys SA offers for sale online products (Article 5) usually sold in pharmacies, excluding medications issued on prescription. The customer connects to the website and, by filling his shopping cart, places an order for the products he has chosen by browsing the site (article 6). Purchased products are paid online using one of the solutions offered on the site (Article 8). Botalys confirms the acceptance of the order by e-mail and the products are delivered to the customer within a specified time (article 7).
6. PRODUCTS Only products for which a “product sheet” is published on the Botalys website can be sold. Since Belgian legislation prohibits the export of medicines (including medicines dispensed without a medical prescription), only para-pharmaceutical products are offered for sale to non-resident customers in Belgium.
7. ORDER 7.1. All information provided by the customer, when encoding the data inherent to his order, engage him. Botalys can in no way be held responsible for errors committed by the customer in the wording of the address of the recipient of the order (delivery address, billing address in particular) and delays in delivery or inability to deliver the ordered products that these errors could engender. 7.2. Automatic registration systems are proof of the nature, content and date of the order. 7.3. Upon receipt of the order request, Botalys confirms the acceptance of the order to the customer by sending a confirmation message to the e-mail address that the latter has communicated by registering his order. The sale will not be concluded until the sending of the order confirmation. 7.4. In general and without any necessary justification, Botalys reserves the right to refuse or cancel any order from a customer, especially in case of payment problem of the order concerned or a dispute over the payment of a previous order . 7.5. Almost all products are in stock. If the ordered product is not available immediately, Botalys informs the customer of the delivery time by email. If the given time does not satisfy the customer, he can then choose to modify or cancel his order. 7.6. Only legally able persons can place an order. 7.7. It is possible to order via the site a medical device marketed in Belgium not included in the lists. For this purpose, please send an email via the Contact page. 7.8. If the Customer’s order does not contain any medicines, the Client agrees that his order is prepared in the Botalys logistics center under the supervision of a pharmacist or a pharmacy assistant and in accordance with good pharmacological practices.
9. CLAIM 9.1. Complaints relating to the performance of the contract as any visible and / or qualitative defect of an article or other failure to deliver must be filed with Botalys within the appropriate period, described in a clear and exhaustive manner, after finding the deficiencies by the consumer, at the risk of infringing consumer rights. These claims must be communicated to us via the Contact page. 9.2. Claims filed with Botalys will receive a response within 14 days from the date of receipt. If a claim requires a longer predictable processing time, Botalys will respond within 14 days by acknowledging receipt and giving an indication of when the consumer can expect a more detailed response.
10. RETRACTATION 10.1. In accordance with the legislation in force for distance selling (law of December 21, 2013), the customer has the right to waive his purchase (excluding drugs, for which the right of withdrawal is only applicable before the shipment of the parcel by Botalys) without penalties and without indication of reason. To introduce this withdrawal request, the customer must: – either contact the customer service via the contact page – either fill out and return the withdrawal form by e-mail The customer has a period of 14 calendar days from the receipt of the products ordered to return to Botalys against exchange or refund. In order to obtain a refund or to proceed to the exchange, the customer must return at his own expense (in accordance with Article VI.51 §1.) and under his responsibility the product (s) to the following address: Botalys, 8 quai des Usines, 7800 Ath Belgium (Belgium). If possible, it is preferable that this product (s) are in their original packaging, intact (s), accompanied by all possible accessories (such as and among other instructions for use and documentation) and a copy of the purchase invoice. 10.2. If the products are returned to Botalys under the conditions and timeframes mentioned above, Botalys undertakes to refund the sums paid by the customer, free of charge. Shipping costs related to the return of products are not reimbursed by Botalys (unless the error lies with the latter). The refund is made within a maximum period of 14 days from the receipt of the goods by Botalys. 10.3. The consumer can not exercise the right of withdrawal for: (1) the supply of goods or services the price of which depends on fluctuations in the financial market that are beyond the control of the enterprise and that may occur during the withdrawal period; (2) the supply of property likely to deteriorate or expire rapidly; (3) the supply of sealed goods that can not be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
11. PRICE 11.1. The price indicated on the product sheets does not include transportation costs. 11.2. The price indicated in the confirmation of order is the definitive price expressed all taxes included and including the VAT. This price includes the price of the products, the costs of handling, packaging and preservation of the products, transport costs. 11.3. Botalys reserves the right to modify the price of the products at any time but the products are invoiced on the basis of the rates in force at the time of the registration of the orders. 11.4. Prices and offers of medicines and medical devices are valid until price changes accepted by the Ministry of Economic Affairs.
12. PAYMENT 12.1. The price of the products is payable in cash by one of the means of payment proposed on the site the day of the placing of the order. 12.2. The protection against fraudulent use of the means of payment used for the transaction, in particular as a result of piracy or against possible disputes over the payment of the price of an order is provided by the company Stripe. 12.3. The order validated by the customer becomes effective only when the secure bank payment center and the company Stripe have given their agreement on the execution of the transaction. In case of refusal of the secure bank payment center or the company Stripe, the order will be automatically canceled and the customer notified by email. 12.4. The information concerning the order is the subject of an automated data processing whose manager is Stripe. This automated data processing is intended to fight against credit card fraud. Stripe and Botalys are the recipients of the data related to the order. The lack of data transmission in relation to the order prevents the realization and analysis of the transaction. In case of fraudulent use of a credit card, irregular declaration or anomaly, the details related to the order associated with this unpaid may be registered in a payment incident file.
13. LIABILITY 13.1. Botalys a can under no circumstances and in no way be held responsible for damages of any kind that may result from improper use of the products sold. 13.2. The responsibility of Botalys cannot be sought for possible modifications of products that would be made by manufacturers. 13.3. The responsibility of Botalys will, in any case, be limited to the amount of the order and could not be blamed for simple errors or omissions that may have remained despite all the precautions taken in the presentation of products . In particular, the photos on the site are provided for information. In no case, a modification of the container or the contents of a product can be invoked in case of discrepancy compared to the photo available on the site. The notices published in the product sheets are for information only. The customer agrees to carefully read the instructions posted by the manufacturer on or in the product packaging. It is this notice that includes the information (and in particular dosages and contraindications) that the user must respect. 13.4. This site contains links to other websites. Neither Botalys can be held responsible for the current or future content of these sites, or the content of external sites that have a link to the site Botalys.
14. WARRANTY 14.1. All Products purchased from Botalys are subject to the legal guarantee of articles 1649 bis and following of the Civil Code, for any lack of conformity existing at the time of delivery of the Product, provided that the Customer does not know or is not supposed to know the defect at the time of the conclusion of the contract and this, provided that this lack of conformity appears within a period of 2 years from delivery. The Customer must inform Botalys of its intention to use the legal guarantee, in writing, at the latest within 2 months from the day it found the defect. The costs of returning the non-compliant Product will be borne by Botalys, provided that it is made via the services offered by Botalys to the Customer, failing which the latter will pay the difference if he decides to choose another service. more expensive. Nevertheless, the Customer will bear all the risks related to the loss of the Product during the whole duration of the return operation. Return costs may be credited in the form of a purchase order, valid on a future Order, or included in the potential refund. 14.2. In no case will Botalys be held liable for non-compliance with the regulations and laws in force in the country of reception. The potential liability of Botalys is exclusively limited to the value of the product in question, determined at the date of sale. The customer can contact the customer service by completing the form available on the site of Botalys in the section ‘Contact us’.
15. PERSONAL DATA 15.1. The collection of nominative information 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. Botalys complies with the Belgian law of December 8, 1992 in relation to the processing of personal data, revised by the law of December 11, 1998, which takes into account the European directives of October 24, 1995. This law provides that the company collecting the personal data must have the consent of the person concerned, that the data must be accurate and that they must be collected for a specific, clear and legal purpose. Everyone must have access to this personal data and the right to modify it. In accordance with the law, the processing of personal information relating to customers has been declared to the Commission for the protection of privacy. The customer has a right to access, modify, rectify and delete data concerning him, which he can exercise with Botalys. 15.3. Botalys undertakes never to communicate the details of its customers to a third party. 15.4. The customer has the opportunity to view and also modify his information at any time via the page My account.
16. INTELLECTUAL PROPERTY The texts, layouts, illustrations, photos, product sheets and other elements appearing on this site are protected by copyright and, in general, by the principles of intellectual property rights. The content of the site Botalys can not be copied. It cannot be modified, placed on another site or published in any form without prior written permission of Botalys sa. This site may also contain texts, illustrations and other elements protected by copyrights of third parties. Botalys sa do not give in any way and in no case the authorization to use their intellectual property, nor that of third.
17. DISPUTE AND APPLICABLE LAW 17.1. In case of difficulties in the application of this contract, the customer and Botalys reserve the possibility, before any legal action, to seek an amicable solution. Failing this, only the courts of Mons are competent, whatever the place of delivery of the products or the domicile of the customer. Contracts and any legal relationship between the customer and Botalys are subject to Belgian law. Botalys is not subject to any extrajudicial arbitration procedure for complaints and litigation. 17.2. There is now an Online Dispute Resolution (ODR) platform so that consumers and businesses can resolve disputes between themselves, both nationally and cross-border, quickly and efficiently (see: online): http://ec.europa.eu/odr/ This instance will act as an arbitrator to propose a solution. The platform is both user-friendly and multilingual. The system is distinguished by a 4-step procedure: 1) The consumer completes a complaint form and ships it. 2) The complaint is forwarded to the concerned company which proposes an ADR (Alternative Dispute Resolution) body to the consumer. 3) As soon as the consumer and the company agree on having this complaint handled by an ADR organization, the ODR platform automatically transmits the file to this ADR body. 4) The organization ADR completes the file completely online and is committed to finding a solution within 90 days.