Terms and conditions
GENERAL CONDITIONS OF SALE PHARMACIE-DARWIN.BE
1. Identity
The site pharmacie-darwin.be belongs to Pharmacie Darwin MSM Pharma SRL - Rue Franz Merjay, 42 - 1050 Ixelles (Brussels), Belgium, registered with the APB under number: 212020.
Head pharmacist: Stéphane Mazilu.
In this document, the name “Darwin Pharmacy” also includes the identity of the licensed pharmacist.
Telephone number: 02 347 09 49 (Monday to Friday from 9 a.m. to 7 p.m., Saturday from 10 a.m. to 1 p.m.).
VAT identification number: BE0898538417
2. Acceptance of conditions
The customer acknowledges having read these general conditions of sale and declares, by placing the order, to expressly accept them without reservation. Validation of the order constitutes acceptance of the general conditions of sale.
3. Ownership
All rights, titles and interests on pharmacie-darwin.be belong to Pharmacie Darwin. The graphic and visual elements (including logos and photos) as well as the texts, codes and structure of the site belong entirely to Pharmacie Darwin and cannot under any circumstances be copied, transmitted, reproduced, distributed or transformed without express consent. in writing from Pharmacie Darwin.
Any fraudulent use or manipulation of the site, either through the use of third party data, or through the use of software or any other process, intended to modify or collect data found on pharmacie-darwin.be or intended to make its use impossible, will automatically be the subject of a complaint to the competent authorities.
4. Purpose
Pharmacie Darwin offers on pharmacie-darwin.be the online sale of products sold in its pharmacy, with the exception of medicines only available with a prescription and products prohibited for online sale. The quantities available for purchase, for each medicine, are legally limited to reasonable quantities for individual consumption.
Order transactions will be carried out via an interface made available by Worldline. Private data on the site will be encrypted, as will financial data during payment.
5. Order process
5.1. The information provided by the customer when ordering is the sole responsibility of the customer regarding possible errors related to encoding. Pharmacie Darwin cannot under any circumstances be held responsible in the event of an error in wording or contact details, etc. possible delays, order cancellation, supplements.
The details of the order appearing on the invoice sent by e-mail serve as proof of the content and date of the order.
The sale will only be concluded upon sending the order confirmation email (email address entered during the identification process). Sending the confirmation email will trigger the order preparation process.
The site is reserved for adults legally capable of placing orders. Pharmacie Darwin cannot be held responsible in the event of abuse.
Pharmacie Darwin reserves the right to refuse or cancel any order from a customer, particularly in the event of a dispute, problems related to payment of orders or any other recurring problem. Unless otherwise indicated, products are in stock in the pharmacy or available within 24 hours. However, it may happen that products are out of stock and the supplier cannot replenish its stock during the day. In the event of a restocking time of more than 48 hours, an e-mail will be sent to the customer, giving them the option of continuing their order, canceling it or deleting the missing products from their order.
The customer is solely responsible for the content of his order. Despite our filter system, it is up to him to ensure that the product is compatible with any current medication and that it is legally authorized for consumption in his country.
6. Applicable law
In the event of difficulty or dispute, Pharmacie Darwin reserves the right to initiate conciliation or mediation action, before any legal action, in order to seek an amicable solution.
Pharmacie Darwin is subject to Belgian law. In the event of failure of these mediations, the courts of the district of Brussels have jurisdiction.
7. Deliveries
After confirmation of the order and acceptance of payment for the transaction, the products are made available in Pharmacie Darwin or shipped to the delivery address indicated during the ordering process according to the user's choice. All details concerning deliveries (name of carrier, prices and deadlines) are available in the “Delivery Methods” section of the site.
In the event of ordering items deliverable on different dates taking into account their availability, the delivery time of the order is based on the longest time. Pharmacie Darwin, however, reserves the right to split delivery, without this giving the Customer the right to partially or completely cancel their order. Participation in processing and shipping costs will only be charged for a single shipment. In this case, the Customer is notified by email.
In the event of the Customer's absence or an error in the wording of the delivery address making delivery impossible, it is up to the Customer to agree on a new delivery with the carrier. Additional costs thus incurred will be the responsibility of the Customer.
Pharmacie Darwin cannot under any circumstances be held responsible for errors made by the Customer in the wording of the delivery address, and for delivery delays or the impossibility of delivering the ordered products that these errors could cause.
If a package is not received despite the carrier's various visits, it will be returned to Pharmacie Darwin and the recipient will be notified by e-mail.
The risks are transferred to the Customer as soon as the latter takes physical possession of the goods.
8. Returns and withdrawal
In accordance with the legislation in force for distance selling (law of December 21, 2013), the customer has the right to cancel his purchase, without penalty and without giving a reason. The customer has a period of 14 calendar days from the day after the day of receipt of the products to express his wish to withdraw. However, for medicines, the patient has the right to withdraw only before sending or collecting the medicine, except in the case of medicines or medical devices presenting defects, the latter can be taken back after sending, in accordance with the decree royal of January 21, 2009
Once he has expressed his wishes, the customer has 14 days to return or return the goods to the pharmacy (art. XIV.29 et seq. CDE). If the customer returns the product on their own, they will have to bear the cost of shipping.
Likewise, for goods likely to deteriorate or expire quickly or sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery, the right to withdrawal is not applicable
You have the right to cancel your order. Your waiver must reach us via the contact page, or by another existing means (telephone, email, etc.)
You can also send us the withdrawal form available HERE .
9. Guarantees and responsibilities
9.1 Pharmacie Darwin cannot be held responsible for any problem, consequence or damage of any nature linked to improper use of the product.
9.2 Pharmacie Darwin cannot be held responsible for any change linked to the composition of the product by the manufacturer.
9.3 Photos, illustrations and instructions for use and information concerning the products are available for informational purposes only. Pharmacie Darwin cannot be held responsible for packaging or a product that is different on delivery.
Only the name stipulated on the order summary has legal value. The consumer undertakes to carefully read and respect the instructions for use and notices delivered by the manufacturer with the product or found on the box.
Pharmacie Darwin's liability is exclusively limited to the value of the product linked to its date of purchase.
9.4 Warranty
For products purchased from Pharmacie Darwin, Pharmacie Darwin is liable for defects in conformity of the goods with the contract under the conditions of the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods.
In the event of a defect covered by the conformity guarantee, the customer must contact Pharmacie Darwin as soon as possible and as quickly as possible after detection.
It is recalled that the consumer, within the framework of the legal guarantee of conformity: benefits from a period of two years from the delivery of the good to take action.
The legal guarantee of conformity applies independently of the commercial guarantee which may cover your property.
10. Pricing and payment policy
The reductions granted to the products are directly stipulated on the product sheet. They cannot be combined with promotions intended for physical stores.
Unless otherwise stated, the prices displayed exclude transport costs.
Pharmacie Darwin reserves the right to modify prices at any time.
The price is displayed all taxes included.
The recommended price is the price charged at the pharmacy and usually found in pharmacies.
Transaction security is ensured by the company Worldline. In order to fight against bank fraud, Worldline aims to verify and secure payments. If Worldine refuses to validate a payment, the order will be deleted.
11. 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 law. The content of the pharmacie-darwin.be site cannot be copied. It may not be modified, placed on another site or published in any form without the prior written permission of Pharmacie Darwin. The site may also include texts, illustrations and other elements protected by third party copyrights. Pharmacie Darwin does not, under any circumstances, grant authorization to use their intellectual property, nor that of third parties.
12. Personal data
12.1. The collection of personal information carried out for the purposes of distance selling is mandatory, this information being essential for the processing of orders. Failure to provide information will result in non-validation of the order.
12.2. Pharmacie Darwin complies with the Belgian law of December 8, 1992 relating 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 that collects personal data must have the consent of the person concerned, that the data must be accurate and that it 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 the right to access, modify, rectify and delete data concerning him.
12.3. Pharmacie Darwin undertakes to never communicate the contact details or medical data of its customers to a third party.
12.4. The customer has the possibility to consult and also modify his information at any time via the My account page.
13. GDPR
The patient gives his consent to the processing of his data in accordance with the General Data Protection Regulation 2016/679. The patient can modify or delete their data. The information flow of the site is secured by encryption (https).