Terms and conditions
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off Period: The period during which the consumer can make use of their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Ongoing Transaction: A distance contract related to a series of products and/or services, with obligations to deliver and/or purchase spread over time.
Durable Medium: Any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future reference and unaltered reproduction of the stored information.
Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model Form: The model form for withdrawal that the entrepreneur makes available for consumers to use when they wish to exercise their right of withdrawal.
Entrepreneur: The natural or legal person offering products and/or services to consumers from a distance.
Distance Contract: A contract where, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more means of distance communication is used up until the conclusion of the contract.
Means of Distance Communication: Any method that can be used to conclude a contract without the consumer and entrepreneur being physically present at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
PharmaCode Pharma
Joop Geesinkweg 501
1114 AB Amsterdam
Netherlands
T
E [email protected]
Chamber of Commerce Number:
VAT Number:
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to any distance contract and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer before the contract is concluded, in a way that allows them to easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise at their request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the rest of the agreement and these terms will remain in force, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This includes:
- the price including taxes;
- any shipping costs;
- the method by which the agreement will be concluded and which actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the tariff for distance communication if costs differ from the regular base rate for the used communication method;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by them;
- the possible other languages in which the contract can be concluded, aside from Dutch;
- the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, inquire if the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will provide the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visit address of the entrepreneur’s business where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales service;
- the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
For the delivery of products:
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receipt of the product. The consumer must communicate this using the model form or through another communication method, such as email. After the consumer has indicated their wish to withdraw, they must return the product within 14 days. The consumer must provide proof that the product has been returned on time, for example, by means of proof of shipment.
If the consumer has not expressed their intention to withdraw within the cooling-off period or has not returned the product, the purchase is a fact.
For the delivery of services:
When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement is concluded.
To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of returning the product will be borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been returned or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method that the consumer used, unless the consumer explicitly agrees to a different method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product’s value.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal for the following products and services, but only if the entrepreneur has clearly stated this in the offer, at least before concluding the agreement:
- Products or services whose price depends on fluctuations in the financial market that the entrepreneur has no influence on and which may occur within the withdrawal period.
- Agreements concluded during a public auction.
- Services agreements after full execution of the service, if the execution has begun with the consumer’s explicit prior consent and acknowledgment that they will lose their right of withdrawal once the agreement has been fully performed by the entrepreneur.
- Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or products that are clearly intended for a specific person.
- Products that spoil quickly or have a limited shelf life.
- Sealed products that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
- Products that, by their nature, are irreversibly mixed with other products after delivery.
- Alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence.
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery.
- Newspapers, magazines, or periodicals, except for subscriptions to these.
- The delivery of digital content other than on a tangible medium, but only if the execution has started with the consumer’s prior explicit consent and acknowledgment that they thereby lose their right of withdrawal.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert under the agreement.
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after the order was placed. In such cases, the consumer has the right to dissolve the agreement without any costs.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination:
The consumer may terminate an agreement that has been concluded for an indefinite period at any time with due regard for the agreed termination rules and a notice period of no more than one month.
A consumer may terminate a fixed-term agreement at any time at the end of the fixed duration, subject to the agreed termination rules and a notice period of no more than one month.
For agreements with a fixed duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Renewal:
A fixed-term agreement that has been entered into for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily or weekly newspapers, magazines, and periodicals may be tacitly renewed for a fixed duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month and, in the case of an agreement for the regular, but less than monthly, delivery of daily, news, and weekly newspapers, magazines, and periodicals, with a notice period of no more than three months.
An agreement with a limited duration for the regular delivery of daily or weekly newspapers, magazines, and periodicals (trial or introductory subscriptions) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being notified of the late payment by the entrepreneur, and the entrepreneur has allowed the consumer a period of 14 days to still meet their payment obligations. After failing to meet payment within this 14-day period, the entrepreneur is entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the following €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur promptly, fully, and clearly described after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the complaint is submitted, a dispute arises that is subject to the dispute resolution procedure.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.