Terms of Sale
The specific conditions of each sale (objects purchased, price, terms, etc.), these General Conditions of Sale constitute the entire contractual framework applicable to any sale which takes place on the D-Pharma website. They cancel and replace any other possible prior communication (unless expressly waived in writing and contradictorily approved by the parties). It is important to read, understand and accept each of the following terms, because any sale which takes place on the site is subject to the application of this contractual framework, and in particular of these GTC.
The Customer (see definition below), who would not agree with the terms hereof, remains free not to place an order. This preamble is an integral part of the General Conditions of Sale.
2. IDENTITY OF THE OWNER OF THE D-PHARMA WEBSHOP
- D-Pharma SARL
- 320 Avenue du Petit Boulevard / 8ème Rue Limete Industriel Democratic Republic of Congo
- Email: firstname.lastname@example.org
- Phone number: +243 (0) 810 013 368 (Monday to Friday 9 a.m. to 6 p.m.)
- Identification number: 01-933-N97930Q RCCM number: CD / KIN / RCCM / 15-8-7697
- Pharmacist responsible for pharmacy in Europe: Victorine Djimbo Matenda
- Registration with the Belgian Order of Pharmacists under number: 210806
- Professional title of pharmacist obtained in Belgium The Pharmaceutical Code of Ethics applicable to the responsible pharmacist is available on the website of the Belgian Order of Pharmacists (http://ordredespharmaciens.be).
- Pharmacist responsible for the website in DRC ; Lokwebo Jean Odon
The terms used in these general conditions or on the D-Pharma website must be understood as follows:
3.1. D-Pharma: the webshop that offers its products for sale on the site.
3.2. Customer: any legally capable natural person who places an order for product (s) on the Site.
3.3. CGV: these General Conditions of Sale.
3.4. Order: request made by the customer on the site to conclude a sales contract relating to one or more products offered for sale on the site, between the webshop and the customer.
3.5. Product sheet: all information (texts, photos, graphics, classification system by section, ...) related to a product offered for sale on the Site.
3.6. Products: all of the goods offered for sale by D-Pharma on the site and defined in article 6 of these GTC.
3.7. Site: the D-Pharma website on which the products are offered for sale to the Customer. The Site is accessible at the following addresses, https://webshop.d-pharma.cd, e-pharmacie.cd, pharmacieonlinerdc.com, pharmacieenlignerdc.net.
3.8. Transaction: all operations, secure processing, authorizations and agreements inherent in the payment of products ordered by bank card or by any other virtual transaction means offered on the site.
4. ACCEPTANCE OF THE GTCS
The Customer acknowledges having read these GTC and declares, when placing an Order, to expressly accept them without reservation. The placing of the Order by the Customer implies acceptance of the GTC.
D-Pharma offers for sale on the site the products usually sold in physical pharmacies in Europe.
6. CUSTOMER COMMITMENTS
The Customer declares to be legally capable.
The Customer agrees to provide information, in accordance with these GTC that is accurate, precise and up to date.
The Customer is the holder of the bank card with which payment will be made for the Product (s) ordered on the Site in accordance with these GTCS or confirms that they have received the proper authorization from the holder.
The Customer refrains from any partial or total resale of said Products ordered on the Site and ensures that, in the event that he is not himself the recipient of the Products, the recipient will also refrain from any partial or total resale of Products.
7.1. The Customer connects to the Site, fills his shopping cart and places an Order for the products he has chosen by browsing the Site, in accordance with this article. Any Order placed on the Site follows different stages: each stage is successively crossed by the "click" of a confirmation icon. The Order process follows a logical and transparent path that the Customer can perceive thanks to an adequate layout and graphic. When the Customer clicks on an icon whose wording or presentation generates a commitment that any average Internet user would understand, he is linked by his click. This is for example the case of the icons entitled "Validation", "Payment" or any other similar title.
The Ordering process allows errors to be corrected, as well as the languages in which the contract can be concluded when several 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.
7.2. All the information provided by the Customer, when encoding the data inherent to his Order, binds him. D-Pharma can in no way be held responsible for errors made by the Customer in the wording of its contact details or those of the recipient of the Products ordered (delivery address, billing address in particular), delivery delays or impossibility of delivering the Products ordered that these errors could cause.
7.3. Automatic recording systems are proof of the nature, content and date of the Order.
7.4. D-Pharma reserves the right not to validate the Order in particular in the following cases (this list is not exhaustive): - In case of Products ordered not available in stock. D-Pharma only offers for sale on the Site the Products that are available in stock. Offers and prices are valid as long as they are visible on the Site. However, in the event of an order for a Product which, for whatever reason, is no longer available in stock,
D-Pharma informs the Customer and cancels the Order for the Product not available in stock.
- In case of refusal to validate the payment by the issuer of the payment card used by the Customer or of dispute relating to the payment of a previous Order; - In the event of fraud or a reasonable suspicion of fraud on the part of a Client;
- In the event of an Order for a large volume of the same Product by a Customer or destined for the same delivery address; - If a contraindication or a medicinal or therapeutic risk or interaction is detected, presented by the Products ordered;
- In case of abuse of dispute and / or multiple abusive complaints on the part of the Customer concerning one or more of his orders. In such a case, the sums that the Customer would have paid, if any, will be fully reimbursed and the sales contract and all of the obligations arising therefrom will be canceled.
7.5. Upon receipt and validation of the Order, D-Pharma confirms to the Customer the acceptance of its Order by sending a confirmation message to the e-mail address that the latter communicated when registering his Order. The sale is not considered concluded until the sending of said confirmation of the Order.
The Customer undertakes to keep a copy of this confirmation email, as well as a copy of these GTC, either by printing them or by keeping them on a durable medium (understood as any instrument enabling the Customer and D-Pharma to store information which is personally addressed to the Customer so that he can refer to it later for a period of time suitable for the purposes for which the information is intended and which allows identical reproduction of the stored information).
7.6. If the product ordered is not or no longer available immediately, D-Pharma informs the customer of the delivery time by email. If the given deadline does not satisfy the Customer, he can then choose to modify or cancel his Order for this Product.
7.7. The Customer agrees to receive the invoice corresponding to the Order in electronic version.
8.1. After confirmation of the Order and acceptance of payment from the body responsible for the transaction, D-Pharma undertakes to have the Products shipped to the Customer to the delivery address mentioned when placing the Order, within a period generally between 1 and 2 working days depending on the destination. All the details concerning the terms and delivery times are available on the Site.
The Customer understands that this period, as well as those mentioned where applicable on the Site, are only provided for information, and that they may vary depending on the circumstances.
In any case, their mention constitutes a commitment on the part of D-Pharma which cannot be held liable in the event of longer delivery times, provided that the legal deadline is respected.
8.2. In the event that, however, D-Pharma undertakes to deliver the Products within a specified period and ultimately cannot honor it, for any reason whatsoever, D-Pharma will immediately inform the Customer. The Customer can then order D-Pharma, by email with request for acknowledgment of receipt, to make the delivery within a reasonable additional time. In the event of non-compliance by D-Pharma with this injunction, the Customer may terminate the sales contract by email with request for acknowledgment of receipt
In such an event, D-Pharma will be required to reimburse the Client for all of the sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.
8.3. By placing an Order, the Customer agrees to pay all taxes, duties, taxes and other charges, present and future, due for the delivery of the Products ordered. D-Pharma cannot be held responsible in this regard.
8.4. Delivery is made according to the terms and by the carriers indicated on the Site.
8.5. Upon receipt of the Products ordered, the Customer must check the good condition of the product delivered and take note of its conditions of use appearing in the instructions for use supplied to it. In the event that one or more of the products ordered are missing or damaged, it is recommended that the customer or the recipient formulate the necessary reservations for the carrier at the time of delivery and / or contacts D-Pharma via the Contact page.
8.6. If a package is not received despite the various passages of the carrier (maximum two passages), it is returned to D-Pharma and the Customer is notified by e-mail. An additional delivery may be requested by the Customer and he will bear the costs (even if the first shipment was made free of charge) .8.6. Any risk of loss or damage to the Products ordered on the Site is transferred to the Customer upon receipt by him of the Products, that is to say as soon as the Customer, or a third party designated by him other than the carrier, physically takes possession of these Products.
9.1. In the event of a visible and / or qualitative defect in an article or other failure noted by the Customer upon delivery, the Customer agrees to contact D-Pharma as soon as possible to notify it. In such a case, the Customer undertakes to describe as clearly and exhaustively as possible the breach that he has observed. It is recommended that these complaints be communicated to D-Pharma via the Contact page (contact form, email, telephone or mail).
9.2. Complaints lodged with D-Pharma will receive a response within fourteen (14) days from the date of receipt. If a complaint requires a longer foreseeable processing time, D-Pharma will send a response within fourteen (14) days by acknowledging receipt and giving an indication of when the Customer can expect a more detailed response.
9.3. The Client understands that he cannot submit complaints which are not justified by concrete and demonstrated elements. D-Pharma reserves the right to no longer accept Orders from a Customer who has abused his right to submit complaints, in accordance with this article. It is understood that there is such an abuse when the same Customer has submitted multiple complaints during previous Orders without having substantiated them by concrete and demonstrated elements.
10.1. The Customer has the right to withdraw from his Order without penalty and without having to indicate a reason.
The right of withdrawal must be exercised within seven (7) working days from the day on which the Customer, or the person designated by him other than the carrier, takes physical possession of the Product (s) ordered.
10.2. To exercise their right of withdrawal, the Customer shall send D-Pharma, within the above-mentioned period, the withdrawal form or any other unambiguous declaration, expressing their wish to withdraw sent to D-Pharma:
Either via the Contact page;
Either by e-mail to the following address: email@example.com
For the withdrawal period to be respected, it is sufficient that the Customer transmits his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
10.3. The Customer agrees to return the Product, without delay or at the latest within seven (7) days of the communication of his wish to retract to D-320 Avenue du Petit Boulevard Limete / 8th industrial street. This deadline is deemed to be respected if the Customer has returned the Product before the expiration of the seven (7) day period.
The Customer is asked to return the Product (s) in their original packaging, intact, accompanied by any accessories (such as and among other instructions and documentation) and a copy of the purchase invoice.
10.4. The Customer must bear the direct costs of returning the Product.
10.5. In the event of withdrawal under the conditions indicated above, D-Pharma reimburses all payments that the Customer has made, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable if applicable, a delivery method other than the less expensive standard delivery method offered by D-Pharma) without undue delay and, in any event, no later than seven (7) days from the day on which D-Pharma was informed of the withdrawal decision. D-Pharma will reimburse using the same means of payment as that used by the Client for the initial transaction, unless it has expressly agreed with the Client in a different way; in any event, this reimbursement will not incur any costs for the Client.
D-Pharma may defer the reimbursement until it has received the Product or until the Customer has provided proof of shipping of the Product, the date chosen being that of the first of these facts.
10.6. The Customer may, however, be held liable in the event of depreciation of the Product other than that necessary to establish the nature, characteristics or proper use of the Product. It is expressly agreed between the Customer and D-Pharma, that the fact of having modified the Product or having used it other than for the sole purpose of fitting, is always considered to be an impairment other than that necessary to establish the nature, characteristics or proper use of the Product.
10.7. As an exception, for the following Products, the Customer does not benefit from a right of withdrawal:
- All drugs and medical devices, for reasons of product safety and traceability, in accordance with applicable European regulations;
- Sealed Products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Customer after delivery;
- Products made according to the Customer's specifications or clearly personalized;
- Products liable to deteriorate or expire quickly.
10.8. For medicines and medical devices, the Customer is nevertheless recognized the right to renounce his Order BEFORE the shipment of the package by D-Pharma.
11.1. The price indicated on the Product Sheets does not include transport costs.
11.2. The price indicated at the end of the ordering process and in the order confirmation is the final price expressed all taxes included. This price includes the price of the Products, the handling, packaging and storage costs of the Products, the transport costs.
11.3. The prices indicated on the Site are only valid on the date of placing the Order. D-Pharma reserves the right to modify them at any time and without notice.
12.1. The price of the products is payable in cash by one of the means of payment offered on the Site on the day of placing the Order.
12.2. The protection both against fraudulent use of the means of payment used for the transaction, in particular following a hacking as against possible disputes of the payment of the price of an Order is ensured by the company Paypal and Maxicash.
12.3. In accordance with point 7.4 above, the Order only becomes effective when the secure bank payment center and the company Paypal or Maxicash have given their agreement to the execution of the transaction corresponding to the Order. In case of refusal from the secure bank payment center or from the company Paypal or Maxicash, the Order is automatically canceled and the Customer immediately notified.
12.4. The information concerning the Order is subject to automated data processing for which the manager is Paypal or Maxicash. The purpose of this automated data processing is to combat credit card fraud. Paypal, Maxicash and D-Pharma are the recipients of the data related to the Order. Failure to transmit data in connection with the Order prevents the completion and analysis of the transaction. In the event of fraudulent use of a bank card, irregular declaration or anomaly, the contact details relating to the Order associated with this unpaid amount may be entered in a payment incident file.
13.1. D-Pharma (and its licensed pharmacist) can in no way and in no way be held liable for damages of any kind that could result from the improper use of the products sold.
13.2. The responsibility of D-Pharma or its titular pharmacist cannot likewise be sought for possible modifications of the composition of the Products which would be the fact of the manufacturers.
13.3. Except in the event of the death of the Client or bodily injury resulting from an act or omission of D-Pharma likely to engage its responsibility, in causal connection with death or said bodily injury, D-Pharma's liability will be, in any event, limited to the amount of the Order.
13.4. The responsibility of D-Pharma could not be called into question for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products. In particular, the photos on the site are provided for information. In any case, a modification of the container or the content of a Product cannot be invoked in the event of a discrepancy in relation to the photo available on the Site. The notices published in the Product Sheets are for information only. The Customer undertakes to carefully read the instructions displayed by the manufacturer on or in the packaging of the Product. It is this notice which contains the information (and in particular dosages and contraindications) that the Customer and in general any person who will consume the Product must respect.
13.5. The Site includes links to other websites. Neither D-Pharma nor its titular pharmacist can be held responsible for the current or future content of these Sites, nor for the content of external sites which have a link to the D-Pharma site.
14.1. All Products purchased from D-Pharma benefit from legal guarantees.
The Customer can decide to implement the guarantee against hidden defects of the thing sold
14.2. In no case D-Pharma can not be held responsible for non-compliance with regulatory and legislative provisions in force in the country, subject to the application of mandatory provisions in the receiving State.
14.3. The Customer may contact customer service by completing the form available on the D-Pharma website under the 'Contact us' section.
15. LOYALTY BONUS PROGRAM
15.1. Opening and operation of the loyalty bonus
Any Customer with an account on D-Pharma benefits from the opening of a loyalty bonus associated with it.
The loyalty bonus is a loyalty program in the form of a bonus portfolio in $ (dollars). The accumulated bonuses of the Customer are generated by the Order of Products on the d-pharma webshop. These bonuses correspond to a gain which the Customer can benefit from when placing a subsequent order on the site.
15.2. Bonus generating products
D-Pharma selects, the products of its online offer generating bonuses, which can be accumulated by the Customer in its loyalty bonus portfolio.
Medicines are, in any event, excluded from Products that can generate bonuses that can be accumulated in the loyalty bonus portfolio.
16. INTELLECTUAL PROPERTY
The texts, layouts, illustrations, photos, product sheets and other elements appearing on the Site are protected by copyright and, in general, by the principles of intellectual property law. The content of the Site cannot be copied. It cannot be modified, placed on another Site or published in any form without the prior written authorization of D-Pharma. This Site may also contain texts, illustrations and other elements protected by the copyright of third parties. D-Pharma does not give in any way and in any case the authorization to use their intellectual property, or that of third parties.
17. MODIFICATION OF THE SERVICE OR GENERAL CONDITIONS OF SALE
17.1. D-Pharma reserves the right to make changes to its Website, procedures and T & Cs at any time.
17.2. The T & Cs in force at the time the Order is placed by the Customer will be those of reference, unless a change to these conditions is required by an administrative or governmental authority. In this case, these modifications may apply to orders prior to the modification.
18. MISCELLANEOUS PROVISIONS
18.1. If any of the provisions of the GTCS were declared null, invalid, illegal or unenforceable for any reason whatsoever, the Client and D-Pharma agree that the others will remain fully applicable. The null, invalid, illegal or unenforceable clause will be replaced retroactively by a valid and applicable clause whose content is as close as possible to that of the original clause.
18.2. The Client and D-Pharma agree that they can exchange the information necessary for the execution of these GTC by electronic means. Any electronic communication between them has the same probative force as a written document on paper.
A printed version of the T & Cs and any warning notice delivered in electronic form will be accepted in any legal or administrative procedure linked to this contractual relationship, in the same way and under the same conditions as other documents and registers and commercials created and kept in printed form.
18.3. Neither the Customer nor D-Pharma will be held responsible for the delay in the execution or non-performance of its obligations resulting from events of force majeure (as defined by Congolese jurisprudence).
18.4. Any communication or notification that D-Pharma makes to the Customer will be deemed valid as soon as it is sent to the email address that the Customer has communicated, even if it is no longer valid.
19. SETTLEMENT OF DISPUTES
19.1. In the event of difficulties in the application of these CGV, the Customer and D-Pharma reserve the possibility, before any legal action, to seek an amicable solution.
D-Pharma is not subject to any extrajudicial procedure for the arbitration of complaints and disputes. However, the Client can call on any existing mediation service which would be competent to hear a dispute with D-Pharma.
19.2. In the absence of an amicable agreement between the Client and D-Pharma, only the courts of Kinshasa / Gombe will be competent to hear the dispute that would result from the validity, interpretation, execution or non-execution, the '' interruption or termination of these GTC, regardless of the place of delivery of the Products or the domicile of the Customer.
The contracts and all contractual relationships between the Client and D-Pharma are subject to Congolese law.