General Conditions of Sale of the Australian-Pharmacy.NET
- Article 1: Preamble
The particular conditions of each sale (purchased goods, prices, terms, etc.), these general conditions of sale, the general conditions of use of the Site (see the definitions below) and the charter of protection of personal data, constitute the entire contractual framework applicable to any sale that occurs on the Site. It cancels and replaces any other previous communication.
It is important to read, understand and accept each of the following terms, because any sale that occurs on the Site is subject to the application of this contractual framework, and in particular these terms and conditions of sale. By placing an order on the Site, you agree to be bound by these conditions.
This Preamble is an integral part of the general conditions of sale.
The collection and use of your personal data that we make in connection with an order on the Site are carried out in accordance with the Charter of protection of personal data to which we refer you.
- Article 2: Definitions
In these general conditions of sale, the following terms are understood as follows:
Property (s): Any property (s) that Australian-Pharmacy.NET offers for sale on the Site.
CGV: these General Conditions of Sale.
We: Australian-Pharmacy.NET, namely the legal entity that offers its Goods for sale on the Site, whose contact details are specified in Article 4 of these T & Cs, also referred to as “Nos”, “Our”, etc.
Contracting Parties: The parties who undertake to abide by these T & Cs, namely You and Australian-Pharmacy.NET.
Website: the Australian-Pharmacy.NET Web site at the following address: [email protected]
Durable medium: any instrument allowing the consumer or the professional to store information which is addressed to him personally so as to be able to refer to it later during a lapse of time adapted to the ends for which the information is intended and which allows the reproduction in the identical stored information.
You: the person who accesses the Site, uses it and / or places an order to buy Goods on the Site.
- Article 3: Scope
These Terms and Conditions define the respective obligations of the Contracting Parties to the sale of Goods through our online store accessible on the website [email protected] accordance with the ordering process defined in Article 7 hereof .
These Terms and Conditions govern only orders for delivery addresses located in metropolitan France.
- Article 4: Our legal notices
Identity of the company: The site www.australian-pharmacy.net is managed by the company Australian-Pharmacy.NET, Corporation limited liability Australia law with share capital of 180,000 €, whose head office is located 235 Macquarie St, Sydney, registered in the Venlo Trade and Companies Register under number 63956584.
Legal Representatives and Editors: Roosevelt T. Roberts, Rodney E. Abdo, Dr. Sheila A. Wallace, Willie M. Wilson, Byron S. Nash; Intra-community VAT number: NL-8554.67.903.B01
Responsible Pharmacist: Juan J. Stapleton (Official title: Pharmacist, registered in the Australian-Pharmacy.NET Register under number 99054129717)
Title obtained in Germany from the administration in charge of Social Affairs of Health and Youth of Rhineland-Palatinate
Supervisory authority: Staatstoezicht op de Volksgezondheid – Inspectie voor de Gezondheidszorg, Regio Zuidoost Stadsplateau 1, 3521 AZ Utrecht, The Netherlands
Official website of pharmacies registered in the Netherlands, accessible here.
Contact: Our customer service can be contacted by email at [email protected] or by phone at 0805 10 10 77 from Monday to Friday from 9am to 5pm (free call from France)
- Article 5: Your responsibilities
You declare to be legally capable and at least 18 years old on the day of placing the order. In the context of these Terms and Conditions, you act for personal purposes, to the exclusion of all professional or commercial purposes.
You agree to provide information, in accordance with these Terms, that is accurate, accurate and up-to-date.
You are the holder of the credit card and / or the PayPal account with which the payment of the Goods ordered will be made in accordance with the ordering process provided for in article 7 hereof, or confirm that you have the proper authorization of the holder.
The username and password to access your account are confidential. You agree not to disclose them to third parties.
- Article 6: Offer and price
The representation of the products on our website does not have the value of a contractual offer but acts as a non-binding online catalog. All the Goods offered on the Site are described in good faith and as faithfully as possible.
Offers and prices are quoted in euros and are valid only at the date of placing the order. They can be modified at any time without notice.
The tariff reductions or other promotional offers indicated on the packaging of the products ordered are already included in our sales prices mentioned on our Site.
Only the price displayed on the Site is valid between the Contracting Parties. The prices offered at the end of the ordering process indicate the overall prices including all taxes, as well as the delivery costs and other possible costs.
Due to the large amount of data on the Site, some may be inaccurate and if the price indicated is clearly incorrect, you may not require the conclusion of the sale at that erroneous price.
For security reasons, we do not offer for sale via our Site the following medications:
a) Drugs that have not obtained a marketing authorization in France in accordance with Article L. 5121-8 of the French Code of Public Health or one of the registrations mentioned in Articles L. 5121-13 and L. 5121-14-1 of the same code;
b) Prescription drugs in France;
- Article 7: Conclusion of the contract
7.1. The placing of the order on the Site
All orders placed on the Site follow different steps: each step is successively crossed by the “click” of a confirmation icon.
The ordering process follows a logical and transparent path that you can perceive with a proper layout and graphic.
When you click an icon whose label or presentation engages a commitment that any user would understand, you are bound by your click. This is for example the case of the icons entitled “Validation”, “Payment” or any other similar title.
The order process allows the correction of errors, as well as the identification of languages in which the contract can be concluded when multiple languages are available.
The order process makes it easy to understand which payment methods are accepted, the delivery methods offered and the relative costs.
By clicking on the button “Confirm my order” you place a firm order for the items in the shopping cart. The confirmation of receipt of the order is made immediately after receipt of the order. This confirmation of receipt of the order does not constitute a firm acceptance of it.
7.2 Reserve of non-validation of the order
We reserve ourselves not to validate the order notably in the following hypotheses:
– In case of goods not available in stock. We offer for sale on the Site only the Goods that are available in stock. Our service offers and prices are valid as long as they are visible on the Site. However, in case of ordering a property which, for any reason, is no longer available in stock, we inform you and cancel the order for the property not available in stock;
– In case of refusal of validation of the payment by the issuer of the payment card that you use, or in case of fraud or reasonable suspicion of fraud;
– In case of ordering a large volume of the same good or to the same delivery address;
– In case of abuse of the right of withdrawal which is recognized in Article 11 hereof, during several previous orders;
– In case of identification of a drug or therapeutic risk detected in the order of the ordered goods (for example, in case of identification of an interaction between various ordered products, etc.).
In such a case, the amounts, if any, you paid will be fully refunded to you as soon as possible the order will be canceled and the purchase contract is not deemed concluded.
7.3 The sending of a confirmation email and formation of the purchase contract
The purchase contract is concluded by the sending by us of an e-mail of confirmation of the dispatch of the order. This e-mail is sent within two working days from the receipt by us of your order.
You agree to check the receipt of this e-mail confirmation of shipping the order in your e-mail box, as well as in the section devoted to spam or junk mail if necessary.
This order confirmation e-mail contains a link to these T & Cs.
You agree to keep a copy of this e-mail confirmation of shipping the order and copy copies of the corresponding GTC, either by printing them or by keeping them on a durable medium.
- Article 8: Validity and proof of the order
Notwithstanding other written evidence or evidence stored on another durable medium to which you will have access, it is agreed that the records stored in our computerized systems or those of our host, may be used as proof of communications, the content of orders , their date and payments between the Contracting Parties.
- Article 9: Delivery
Upon sending the confirmation e-mail of the shipment of the order, in accordance with article 7.3 of these T & Cs, we undertake to deliver the goods ordered to the delivery address indicated during the ordering process.
The delivery of the goods is done by parcel, by post, through a transport company mandated by us at the place of delivery you have indicated, in mainland France. Delivery takes between two (2) and five (5) working days, except in cases of force majeure (strikes, blockages of road networks, rail or air, bad weather, …).
In the event that, however, we can not honor the delivery time announced, for any reason whatsoever, you may order us by registered letter with acknowledgment of receipt or by writing on another durable medium, to make the delivery within a reasonable additional time. In case of non-compliance by us with this injunction, you can resolve the purchase contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
In such a case of cancellation of the purchase contract, we will be required to reimburse you for all amounts paid, at the latest within fourteen (14) calendar days following the date on which the contract was terminated.
Delivery times are generally between 2 and 5 working days. You will not be able to claim any damages and interests that it is about the chief of the cancellation of an order consecutive to the absence of delivery within the deadline envisaged with the present article.
You will be informed of any restrictions / constraints of delivery at the latest at the beginning of the order process.
Our deliveries are free of charge for a basket amount (after deduction of the purchase / reduction vouchers and before application of the delivery costs) of at least 39 euros. For all other orders, a flat rate of 3.89 euros will be charged for a home delivery or 2.99 euros for delivery to a Point Relais®. Any risk of loss or damage to the Goods is transferred to you upon receipt by you of the Goods, that is to say, as soon as you, or a third party designated by you other than the carrier, physically takes possession of these Goods.
All claims relating to a defect of the Goods delivered, an inaccuracy in the quantities or a wrong reference to the order confirmed on the Site, must be notified to our customer service, the details of which are indicated in article 4 of the present, within three working days of receipt of the products failing which the right to the claim will cease to be acquired.
- Article 10: Terms of payment
The methods of payment offered are payment by credit card, PayPal and if necessary by other payment methods that we will indicate to you at the latest at the beginning of the process of your order. We reserve the right to change the payment methods available without prior notice.
In the event of an indication of incorrect banking data, a chargeback, or an insufficiently supplied account, involving your liability or that of a third party related to you, the resulting costs and the fees of the banks are at your expense.
Payment of the purchase price is due upon conclusion of the contract. Insofar as the legal conditions are met, the customer will automatically be considered late in payment if he does not pay within 30 days from the date this payment became due and the invoice has been received, invoice in which these consequences are specifically indicated to the customer. In the event of delay, you are required to pay interest on late payment of 5% per year. No letter of reminder or formal notice is sent. The debtor is not considered late in payment if the payment is delayed for a reason that is not his responsibility.
- In Article 11: Right of withdrawal
You have the right to withdraw from your order, without giving reasons, within fourteen (14) calendar days. The withdrawal period expires fourteen (14) calendar days after the day on which you, or a third party designated by you other than the carrier, physically take possession of the Property (in the case of a regular delivery of Goods over a defined period, withdrawal period runs from the day you or a third party designated by you other than the carrier physically take possession of the first of these Goods).
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) by post to the address 235 Macquarie St, Sydney or e-mail at [email protected] You may use the model withdrawal form although this is not mandatory.
In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Our customer service, whose details are indicated in article 4 hereof, will then indicate the return of the property.
You agree to return the property to us without delay or at the latest within fourteen (14) calendar days following the communication of your wish to retract. This period is deemed to be respected if you returned the Property before the expiry of the fourteen (14) calendar day period.
The return costs are at our expense if a problem attributable to us has occurred in the processing and delivery of your order. Otherwise, the direct costs of return will be your responsibility.
In case of withdrawal on your part hereof, we will refund the amount paid during your order, including delivery charges (except for additional fees due if you have selected one of delivery more expensive than the proposed standard delivery), without undue delay and no later than fourteen (14) calendar days from the day we were notified of your decision to retract hereof.
We will refund using the same means of payment as you used for the original transaction, unless we specifically agree with you on another method of payment. In any case, this refund will not cause any costs for you.
We reserve the right to defer repayment until we have received the Property or until you have provided us with proof of shipment of the Property, whichever is the earlier.
You may be liable for the depreciation of the Property resulting from manipulations other than those necessary to establish the nature, characteristics and proper use of the Property.
We reserve the right not to accept returns that are made directly from our head office and that do not comply with the procedure outlined in this article and the terms and conditions provided by customer service.
The order of the following Goods does not give right to retraction:
– All medicines. Many medications are likely to deteriorate in the presence of heat or direct sunlight. Since it is impossible for us to verify that the medicines have been treated appropriately after their delivery, they can no longer be marketed and will be destroyed for your safety by us. For this reason, no possibility of withdrawal applies to medicines.
– Goods that have been unsealed or damaged after delivery and that can not be returned for reasons of hygiene or health protection.
– Goods made to your specifications or which have been clearly personalized.
– Goods that can quickly deteriorate or whose expiry date could quickly be exceeded.
- Article 12: Securing Payment, Archiving the Contract and Data Protection
We electronically record the concluded contract.
You can access the archived contract for which you were one of the Contracting Parties by contacting our customer service whose details are indicated in article 4 of these Terms and Conditions.
The said archived contract is in no case made available to third parties.
- Article 13: Limits of liability
We reserve the right to refuse an order, without our liability being incurred as such, for example, without this list is exhaustive, the communication of data clearly erroneous, non-payment or refusal authorization from your financial institution, orders relating to an abnormally high number of Goods, etc.
In the event of non-performance, our responsibility can not be committed if the non-execution of the contract of purchase, or its bad execution, is to you imputable, or is attributable to the unpredictable and insurmountable fact, of a third party foreign to the service, or finally, is attributable to a case of force majeure.
In the current state of technical devices, we can not guarantee an Internet data communication free of errors and / or possible at any time. Therefore, we are not responsible for technical and electronic errors beyond our control, especially regarding delays in order processing.
- Article 14: Legal Warranty
The legal guarantee of conformity applies.
If a warranty is indicated in the description of an item, your legal rights in this area to us are not affected.
We are liable for the lack of conformity of the goods in the contract under the conditions of Article L. 217-4 and following of the French Consumer Code and hidden defects of the thing sold in the conditions provided for in Articles 1641 and following of the Code. French civil society.
When you act as a legal guarantee of conformity:
– You benefit from a period of two years from the delivery of the property to act
– You can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-9 of the French Consumer Code:
– You are exempted from providing evidence that the lack of conformity of the property existed at the time of its issue during the six months following the delivery of the property. This period is extended to twenty-four months from March 18, 2016.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
You can decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code and, in this case, you can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the French Civil Code.
- Article 15: Final Provisions
15.1 Modification of the Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time, without notice, based on changes to the service, changes in law or for any other legitimate reason.
In the particular case of adaptation of the service to legislative changes, we will make every effort to make these adjustments as quickly as possible. During this period, you acknowledge that we will not be liable for temporary non-conformances.
The new Terms and Conditions are put online with mention of the date of update and you are immediately applicable.
The version of the GTC that is opposable to you, is available permanently on the service.
You agree to keep yourself informed of these changes by regularly consulting the page of the Service containing the Terms and Conditions.
15.2 Divisibility
If one or more clauses of these GTCS must be declared void, invalid, illegal or unenforceable under the applicable law, in whole or in part, such situation would not affect the validity of the remaining clauses. The void, invalid, illegal or unenforceable clause will be replaced retroactively by a valid and applicable clause the content of which is as close as possible to that of the original clause.
15.3 Evidence Agreement
The Contracting Parties agree that they may exchange information necessary for the Service and the execution of these GTS electronically. Any electronic communication between the Contracting Parties is presumed to have the same probative force as a written paper. The use of your identifiers allows us to consider that you are the ones using the Service.
A printed version of the GTCS and any notice of warning issued in electronic form will be accepted in any legal or administrative proceeding related to this contractual relationship, on the same basis and under the same conditions as other documents and records and commercial created and maintained in printed form.
15.4 Force majeure
Notwithstanding anything to the contrary, neither Contracting Party shall be held responsible for delay in performance or non-fulfillment of its obligations resulting from events of force majeure (such as strike, war, earthquake, cataclysm of any kind, effects direct or indirect explosion, fire, heat, flood and any other case of force majeure).
15.5 Relationships
The present GTC can not in any case be considered as a partnership, a joint venture or any other association between the Contracting Parties, and neither of the Contracting Parties can be considered as the agent or the employee of the other. The relationship we have with you is that of an independent contractor.
In the event of a dispute between you and other users of the service or between you and a third party, we have no obligation to become involved. You release us, our directors, employees and other members from any action, damages or interest of any nature whatsoever, known or unknown, relating to such conflicts to which you would be bound.
15.6 Communication and notification
Any communication or notification that we will make to you will be deemed valid as soon as it will be sent to the email address you have given us, even if it is no longer valid.
15.7 Claims
You can contact us for any information, question or complaint concerning the Site or the Terms and Conditions via our customer service accessible under the heading “Contact”.
In the event of litigation, you will address in priority to our company in order to obtain an amicable settlement.
You can also contact the European Online Dispute Resolution Platform by visiting http://ec.europa.eu/consumers/odr.
Otherwise, the Dutch authorities are the only ones competent, regardless of the place of delivery and the method of payment accepted, in accordance with Article 15.8 hereof.
15.8 Settlement of disputes
The contractual relationship under these Terms and Conditions between you and us is subject to Dutch law. Any dispute arising from the validity, interpretation, performance or non-performance, interruption or termination of these GTCS will be exclusively governed by Dutch law and will fall under the exclusive jurisdiction of the Dutch courts. and this for any type of procedure.
The choice of the applicable law can not, however, result in depriving the consumer of the protection afforded by the provisions which can not be derogated from by agreement under the law that would have been applicable in the absence of choice. The choice of the applicable law does not make it possible to derogate from the obligatory rules of the international law compared to the law of the court seized.
If you have additional questions, please contact us or our Data Protection Officer, Henri Olesegun, by writing to:
Australian-Pharmacy.NET
235 Macquarie St, Sydney
(Main communication channel: Email)
Email: [email protected]