Terms and Conditions
General
1.1. These General Terms and Conditions apply to the use of the Webshop, to every Offer of Phyto-Pharma BV and to every distance Agreement that is concluded between Phyto-Pharma BV and the Consumer via the Webshop on phyto-pharma.nl.
1.2. Accepting these General Terms and Conditions, the Privacy Statement, the disclaimer and the cookie policy is a requirement for using the Webshop and making purchases via the Webshop.
1.3. Your personal data are (necessarily) available to Phyto-Pharma BV, with whom the order is placed. If you do not (or no longer) agree to the processing of your personal data, this automatically means that you cannot (any longer) make purchases via the Webshop.
Definitions
In these General Terms and Conditions:
Offer: an offer from Phyto-Pharma BV that contains a complete and accurate description of the products offered that is sufficiently detailed to enable a proper assessment of the offer by the Consumer;
General Terms and Conditions: these general terms and conditions for the webshop;
Reflection period: the period within which the Consumer can make use of his Right of Withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity and who enters into a Distance Agreement with Phyto-Pharma BV via the Website;
Durable data carrier: any tool – including e-mail – that enables the Consumer or Phyto-Pharma BV to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information makes;
Username: the identification code of the Consumer, required for purchasing products in the Webshop;
User password: the Consumer’s password, required for purchasing products in the Webshop;
Right of withdrawal: the possibility for the Consumer to waive the Distance Agreement within the Cooling-off Period;
Means for distance communication: means that can be used to conclude an agreement, without the Consumer and Phyto-Pharma BV meeting simultaneously in the same room;
Phyto-Pharma BV: Phyto-Pharma BV, with its registered office in Apeldoorn, with offices at Minden 30, 7327AW Apeldoorn;
Distance contract: an agreement as referred to in Section 6:230g of the Dutch Civil Code, whereby exclusive use is made within the framework of a system for the distance sale of products and/or services organized by Phyto-Pharma BV up to and including the conclusion of the contract. becomes of one or more means of remote communication;
Webshop: the webshop of Phyto-Pharma BV on the Website;
Website: phyto-pharma.nl
Identity
Phyto Pharma BV
Minden 30
7327AW Apeldoorn
Phone number: 06 54 325 301
E-mail address: info@phyto-pharma.nl
Chamber of Commerce number:
VAT number:
Use of the webshop
4.1. Phyto-Pharma BV will make every effort to achieve the usual degree of network security, security of user accesses and security of confidential information in general in the industry.
4.2. Phyto-Pharma BV is entitled to make changes in or to the Webshop without prior notification to the Consumer. Furthermore, Phyto-Pharma BV is entitled to make changes (or have them made) to the login procedure and the user access and user name. The costs that the Consumer may incur as a result of such changes are for his account and cannot be recovered from Phyto-Pharma BV.
4.3. The Consumer will keep the (personal) combination of Username and Userpassword provided to him confidential and will not provide it to third parties or allow third parties to use it. Use and misuse of Username and/or Userpassword are at the expense and risk of the Consumer.
4.4. The Consumer is not permitted to use the Webshop for unlawful and punishable conduct. This will be the case, for example, if the use also relates to:
the (unlawful) distribution of copyrighted material;
the unlawful or punishable dissemination of non-public data;
computer intrusion (also known as ‘hacking’) via the internet, the Webshop or otherwise; or
destruction, damage or rendering unusable of systems or automated works and software of others.
4.5. The Consumer is not permitted to initiate or allow processes to continue which he can reasonably suspect will hinder the other users of the Webshop or adversely affect the other use of the Webshop.
4.6. The Consumer is not permitted to reproduce screens from the Web Shop without written permission from Phyto-Pharma BV.
Restrictions on and blocking of the use of the webshop
5.1. Phyto-Pharma BV is entitled to limit and/or block the use of the Webshop by the Consumer if the Consumer does not, not properly or incompletely fulfill his contractual and/or non-contractual obligations. Restrictions and/or blocking of the use of the Webshop can take place without warning and do not affect the other obligations of the Consumer.
5.2. In the event of a well-founded suspicion that the behavior referred to in this and/or previous article is occurring, the Consumer may be denied access to the Webshop without being able to claim a refund of any prepaid fees.
The offer
6.1. If an Offer has a limited period of validity or is subject to conditions, this will be expressly stated in the Offer.
6.2. Obvious mistakes or errors in the Offer do not bind Phyto-Pharma BV. Although Phyto-Pharma BV devotes the greatest possible care to the description of the products in the Webshop, the images accompanying a product are for illustrative purposes only and do not bind Phyto-Pharma BV.
6.3. Stock indications are included in the Webshop for each product, which indicate whether products are (sufficiently) in stock. The Consumer receives a notification by e-mail (i) when the products are delivered or (ii) when they are ready to be picked up at his pharmacy, depending on the delivery method chosen by the Consumer.
6.4. Each Offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the Offer. This concerns in particular:
the identity and address and other contact details of Phyto-Pharma BV;
the main characteristics of the product;
the price of the product, including taxes;
any costs of delivery;
the method of payment, delivery, performance and the term within which Phyto-Pharma BV undertakes to deliver the product;
whether or not the Right of Withdrawal applies.
The agreement
7.1. Phyto-Pharma BV provides the Consumer before the Consumer is bound by the agreement, including the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a Durable Data Carrier:
the visiting address of the Phyto-Pharma BV branch where the Consumer can go with complaints;
the conditions under which, the manner in which and the period within which the Consumer can make use of the Right of Withdrawal, or – if applicable – a clear statement regarding the exclusion of the Right of Withdrawal;
insofar as applicable, the fact that the Consumer will have to bear the costs of returning the product in case of exercise of the Right of Withdrawal and if the product cannot be returned by ordinary mail due to its nature, the costs of returning the product product;
the information about warranties and existing after-sales service.
7.2. As soon as the Consumer has accepted the Offer electronically, Phyto-Pharma BV will immediately confirm receipt of the acceptance of the Offer electronically, thereby establishing the agreement between Phyto-Pharma BV and the Consumer. As long as the receipt of this acceptance has not been confirmed by Phyto-Pharma BV, the Consumer can revoke his acceptance in writing. Phyto-Pharma BV has the right at all times not to confirm the order and thus not to accept it.
Right of withdrawal
8.1. When purchasing products, the Consumer has the option of dissolving the agreement without giving reasons during fourteen (14) calendar days. This Reflection Period commences on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and made known to Phyto-Pharma BV.
8.2. During the Reflection Period, the Consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
8.3. To make use of his Right of Withdrawal, the Consumer will follow the relevant instructions provided by Phyto-Pharma BV with the Offer and/or with the delivery.
8.4. If the Consumer makes use of his Right of Withdrawal, he will return the product to Phyto-Pharma BV within the Reflection Period with all accessories (such as manuals and documentation) and – if reasonably possible – in the original condition and packaging, in accordance with the conditions specified by Phyto-Pharma BV. Pharma BV provided reasonable and clear instructions.
8.5. If the Consumer makes use of his Right of Withdrawal, the costs of returning will be for his account, unless expressly stated otherwise in the Webshop or expressly stated otherwise. otherwise agreed.
8.6. If the Consumer makes use of his Right of Withdrawal and has paid an amount and provided that the conditions for return and the return procedure have been met, Phyto-Pharma BV will refund the amount paid – excluding shipping costs – as soon as possible, but no later than fourteen (14) days after cancellation, refund, whereby the Consumer can only claim a refund if the products have been returned or if the Consumer has demonstrated that he has returned the products, provided that the products can be sold again as new, at the discretion of Phyto-Pharma BV.
Exclusion right of withdrawal
9.1. Phyto-Pharma BV can exclude the Consumer’s Right of Withdrawal in accordance with the relevant legal provisions. The exclusion of the Right of Withdrawal only applies if Phyto-Pharma BV has clearly stated this in the Offer, at least in good time before concluding the agreement.
9.2. Exclusion of the Right of Withdrawal is possible, among other things, for products:
which have been established by Phyto-Pharma BV in accordance with the Consumer’s specifications;
that are clearly intended for a specific person;
that can spoil or age quickly or that have a limited shelf life;
that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
the price of which is subject to fluctuations in the financial market over which Phyto-Pharma BV has no influence;
medicines.
Prices
10.1. All prices shown in the Webshop are in Euro and include VAT.
10.2. Products can only be ordered and reserved if they are available online in the Webshop at the time of purchase. The product range and prices shown are periodically adjusted. If the Consumer places an order, the price applicable at the time of registration of the order applies.
10.3. Each order and reservation will only be processed and effected after approval and receipt of the bank payment. In case of refusal of the institution for the secure bank payment, the order will be automatically cancelled. The Consumer will be informed about this by e-mail.
10.4. During the period of validity stated in the Offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
10.5. Contrary to the previous paragraph, Phyto-Pharma BV can offer products whose prices are subject to fluctuations in the financial market and over which Phyto-Pharma BV has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the Offer.
Payment
Payment must be made prior to the
processing of the order to be done in the manner as shown in the
Webshop and the available payment methods.
Delivery and execution
12.1. Phyto-Pharma BV will take the greatest possible care when receiving and executing orders for products.
12.2. The Consumer can choose to have the ordered products delivered or to pick them up at his pharmacy. The place of delivery is the delivery address that the Consumer has made known to the Entrepreneur or, if the Consumer has chosen to collect the products from his pharmacy, the address of his pharmacy.
12.3. With due observance of what is stated in these General Terms and Conditions, Phyto-Pharma BV will execute accepted orders expeditiously but no later than fourteen (14) days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than fourteen (14) days after placing the order. In that case, the Consumer has the right to dissolve the agreement without costs.
12.4. In the event of dissolution in accordance with the previous paragraph, Phyto-Pharma BV will refund the amount paid by the Consumer as soon as possible, but no later than thirty (30) days after dissolution.
12.5. If delivery of an ordered product proves to be impossible, Phyto-Pharma BV will endeavor to make a replacement item available. At the latest before shipment, it will be stated in a clear and comprehensible manner that a replacement item will be delivered.
12.6. The risk of damage and/or loss of products rests with Phyto-Pharma BV until the moment of shipment of the products to or collection of the products at its pharmacy by the Consumer or a representative designated in advance and made known to Phyto-Pharma BV, unless express otherwise agreed upon.
12.7. Upon receipt of the products, the Consumer must immediately check the good condition of the delivered goods and take note of the terms of use and instructions that were provided to the Consumer. If one or more products are defective or damaged, the Consumer must report this to Phyto-Pharma BV within a reasonable time in accordance with the provisions of Article 16.1 of these General Terms and Conditions.
12.8. If the ordered products have not been received by the Consumer in two (2) repeated offers at the specified delivery address, they will be returned and the Consumer will receive a notification of this by e-mail. If the Consumer still appreciates delivery, additional costs may be charged for this, in addition to the costs involved in the initial (attempted) delivery.
Conformity and warranty
13.1. Phyto-Pharma BV guarantees that the products comply with the agreement, the specifications stated in the Offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. . Phyto-Pharma BV also guarantees that the product is suitable for other than normal use only if agreed. Insofar as medicines and medical devices have been purchased by the Consumer, he must have read the manufacturer’s information leaflet before use; it contains information (including the dosages and contraindications) that the Consumer must respect.
13.2. An additional guarantee provided by Phyto-Pharma BV, its supplier, manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against Phyto-Pharma BV under the agreement.
Liability
14.1. Phyto-Pharma BV cannot under any circumstances and in any way be held liable for damage of all kinds that may result from incorrect use or use contrary to the instructions for use or use contrary to the nature and purpose of the products supplied.
14.2. Phyto-Pharma BV cannot be held liable for changes in the shape or packaging of the products made by the manufacturers.
14.3. Any liability of Phyto-Pharma BV is in any case limited to the amount of the sales price of the ordered products or the value of the product according to the date of purchase, with the highest amount being eligible.
Intellectual Property
15.1. The texts, page listings, illustrations, photos, datasheets and other illustrative elements in the Webshop are protected by copyright or other intellectual property rights, which rights are exclusively vested in Phyto-Pharma BV or its licensors.
15.2. The content of the Webshop may not be copied. Nothing may be changed, placed on another website, or published in any form whatsoever without the prior written permission of Phyto-Pharma BV.
15.3. The Webshop may also contain texts, illustrations and other elements that are protected by copyright or other intellectual property rights of third parties. Phyto-Pharma BV does not give permission in any way to use the intellectual property of such third parties.
Complaints procedure
16.1. Complaints about the implementation of the agreement must be submitted to Phyto-Pharma BV within a reasonable time, but no later than 5 working days after delivery, fully and clearly described in writing, including by e-mail to info@naturalhealthpharma.nl, after the Consumer has reported the defects. has observed.
16.2. Complaints submitted to Phyto-Pharma BV will be answered within a period of fourteen (14) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Phyto-Pharma BV will respond within a period of fourteen (14) days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.
Applicable law
Dutch law applies exclusively to agreements between Phyto-Pharma BV and the Consumer to which these General Terms and Conditions apply, subject to mandatory exceptions.
