Bioparabolic

Terms

EN - Article 1: Scope of Application

1.1 These general conditions shall be applicable unless the Merchant expressly deviates from these general conditions in its own general conditions.

1.2 These general conditions are applicable between the Merchant that offers its products and/or services through our Internet sites (hereafter referred to as the "Merchant") and the professional or non-professional customer (hereafter referred to as the "Customer") that enters into an agreement (hereinafter referred to as the "Agreement") with the Merchant in order to purchase products and/or services that are offered on the Internet sites of Promedia through an E-shop or any other E-commerce product with order and payment facilities (hereafter all referred to as "E-shop"). These conditions shall also apply mutatis mutandis to the E-catalogue, being an E-commerce product without facilities for order or payment.

1.3 A professional customer is any natural or legal person that has a registered VAT number, purchases products and/or services partly or entirely for professional purposes. By entering a VAT number with an order, the Customer is presumed iuris et de iure to be a professional customer.

1.4 All provisions in these general conditions are identically applicable to professional and non-professional customers, unless explicitly stated otherwise.

1.5 By entering into the Agreement, the Customer unconditionally accepts the application of these general conditions. Customers are strongly advised to print out and keep the general conditions (which can change from time to time) applicable to an order, together with the other (electronic) correspondence regarding the Agreement.

1.6 The general conditions, as applicable at the moment of entering into the Agreement, are stored together with other transaction data in a database at the moment of entering into the Agreement. In case of a judicial procedure arising as a result of a dispute, the parties can consult an extract of this database which regards their transaction. Furthermore, the WORM ("Write Once Read Many") can serve as proof in case of a judicial procedure arising as a result of a dispute as to the contents of the E-catalogue or the E-shop, or as to the transactions made through the E-shop. The WORM is the non-changeable copy which is made daily of the data that is stored at 3 (three) a.m. on the permanent and secured carrier on which Promedia stores all orders (content, date, time, customer, etc.), and also the content and data of an E-catalogue or E-shop.

Article 2: Entering into the Agreement

2.1 If the Customer places an order with the Merchant regarding a specific product and/or service that was offered through the E-shops of the Merchant, the Merchant shall confirm this order by e-mail at the e-mail address that the Customer has provided. Simultaneously with this confirmation, the Merchant shall provide information on the price of the ordered product and/or service including possible taxes or charges, the cost of delivery of the product and/or service, the total amount that must be paid by the Customer, as well as the place and time of delivery.

2.2 The Agreement is deemed to be entered into from the moment the e-mail, in which the order is confirmed ,is sent to the e-mail address of the Customer.

2.3 The Agreement is deemed to be entered into at the registered office (seat) of the Merchant.

2.4 The Merchant is completely free to decide whether to confirm an order or not. The confirmation shall take place no later than three (3) working days after the order. If the Merchant does not confirm an order, the Merchant shall inform the Customer as soon as possible by e-mail of the reason.

2.5 The Merchant and/or Promedia is completely free to exclude a Customer from the use of, respectively, the E-shop of the Merchant and/or the Internet sites of Promedia.

Article 3: Cancellation of the Agreement

3.1 The provisions in this article do not apply to professional customers.

3.2 The Customer has the right to cancel the Agreement within a period of seven (7) working days after receipt of the product. Within this period, the Customer must inform the Merchant by e-mail of the cancellation. The Customer shall return the product to the Merchant within seven (7) days after it has informed the Merchant of the cancellation.

3.3 The Customer does not have a right of cancellation with regard to the products referred to in article 80 4 of the Act of 14 July 1991 concerning trade practices and information and protection of the consumer (hereafter referred to as the "Trade Practice Act"). This shall be clearly indicated by the Merchant in its E-shop by the products concerned. These products are:

products that are made according to the specifications of the Customer or which clearly have a personalised character;

products that by their nature cannot be sent back or can spoil or age rapidly;

audio and video recordings and computer programs of which the seal has been broken by the Customer.

3.4 In case of services, the Merchant has the possibility of cancelling the Agreement within a period of seven (7) working days from the day the Agreement entered into force. The Customer must inform the Merchant by e-mail of the cancellation.

3.5 The Customer does not have a right of cancellation with regard to services referred to in article 80 4 of the Trade Practice Act. This shall be clearly indicated by the Merchant in its E-shop by the services concerned. These services are:

services of which the execution have begun with the consent of the Customer before the end of the cancellation period of seven (7) working days;

services regarding gambling and lotteries.

3.6 In case of cancellation of the Agreement, the Customer must, at its own expense and risk, return the delivered product to the Merchant.

3.7 The products must be returned together with the accompanying invoice and the original letter of delivery. In addition, returned products may not be unpacked, detached or used.

3.8 Within fifteen (15) days after receipt of the product, the Merchant shall investigate if the conditions enumerated in article 3.7 are met. If the returned products do not fulfil these conditions, the Merchant shall inform the Customer of this and the Merchant shall not accept the returned products. In this case, the Customer cannot cancel the Agreement. After expiration of this period of fifteen (15) days, the Merchant can no longer have recourse against the Customer as regards the state of the product returned by the Customer.

3.9 If the Customer has exercised his right of cancellation in conformity with the provisions referred to above, the Merchant shall reimburse the Customer with the invoiced amount of the products and/or services concerned, provided this was already paid by the Customer to the Merchant. This reimbursement shall take place after the research period, referred to in article 3.8, has expired, but no later than thirty (30) days after the Customer has informed the Merchant of its wish to cancel the Agreement.

Article 4: Prices

4.1 The prices indicated in the E-shop of the Merchant shall be in Belgian Francs and Euro, include VAT but exclude transportation costs, possible taxes or other levies, unless explicitly stated otherwise.

4.2 The Merchant reserves the right to change the prices as indicated in its E-shop.

4.3 Upon purchase of a product and /or service, the Customer is obliged to pay the Merchant the price as indicated in the E-shop of the Merchant at the time of the order. However, if the price, constituted without doubt a material error, the Merchant is not obliged to provide the Customer with the product and/or service at this price.

Article 5: Payment

5.1 Payments can be made both on-line and off-line through the Internet Payment Service provider with which Promedia has entered into a co-operation agreement, by collection or delivery on the spot or by means of a written postal order through the bank sent by the Merchant with the order. It is the Merchant who decides which possible means of payment he offers to the Customer.

5.2 In case of payment with a credit card, the concerned amount will be blocked on the account of the Customer after the Customer has placed the order. The amount will not be debited from the account of the Customer until ten (10) days after the order, unless the Merchant does not confirm the order beforehand or the Merchant has entered a shorter term to collect the funds from the account of the Customer in the system.

5.3 In case of payment by means of a written postal order, the Customer is obliged to execute the payment at the latest on the eighth (8th) working day after the order was made (if the Merchant, in case of choice of a written postal order, requires payment before delivery), or after receipt of the delivery (if the Merchant allows payment after delivery).

5.4 In case of late payment, the Customer, from the determined expiry date, is obliged to pay a delay interest of 12% per year, which will be calculated on a monthly basis and charged to the Customer. In such cases, the amount on the unpaid invoices shall also be increased by 15%, with a minimum of 2,000 Belgian Francs, as intervention for the administration and other costs resulting from the failure to pay.

5.5 If the Customer fails to make the payment, the Merchant is entitled to suspend the concerned Agreement and the connected agreements, or to terminate them. If the Merchant decides to do this, he will inform the Customer about this by e-mail as soon as possible. In case of termination of the Agreement, the Customer is obliged to return the products and/or services, if already supplied, to the Merchant at his own expense and risk within seven (7) working days after the termination of the Agreement.

5.6 If the concerned bank or financial institution refuses the payment, the Merchant can consider the Agreement as non-existent.

Article 6: Retention of Property

The property of the supplied products and/or services only passes to the Customer after the purchase price has been definitely and fully paid. The risk regarding the products and/or services shall already pass at the moment of delivery of the product and/or service to the Customer.

Article 7: The delivery

7.1 The Customer will indicate in his order the desired place of delivery and the preferred periods of delivery.

7.2 The costs of delivery are to be paid by the Customer, unless it has been explicitly agreed otherwise.

7.3 If the Customer is not present at the delivery, and has not made provisions to have the product and/or service accepted on his behalf, even though delivery is made at the address and during the period indicated by the Customer, the product and/or service will be delivered at a later point in time. The Customer will have to pay the additional transportation costs. In case of abuse (e.g. the Customer repeatedly hinders a smooth delivery), the Merchant, additionally, has the right to terminate the Agreement. He will inform the Customer about this by e-mail as soon as possible. In such a case, moreover, the Customer can be made liable for the damage possibly caused by him. If the Customer has stated that he will come to collect the products and he does not do this before the expiry of the term during which the products are to be collected by him, the Customer has to pay the possible additional (transportation, administrative, treatment) costs. The Merchant, moreover, has the right to terminate the Agreement. He will inform the Customer about this by e-mail. In such a case, moreover, the Customer can be made liable for the damage possibly caused by him.

7.4 Products and/or services will be delivered by the transporter appointed by the Merchant, unless Customer and Merchant agree otherwise.

7.5 In principle, the delivery will only take place when all the ordered products are in the Merchant’s stock. Nonetheless the Merchant will use his best endeavours to deliver the products and/or services at the place and within the period indicated in the order, but at the latest within thirty (30) days after the order of the product and/or service, unless the parties explicitly agree otherwise.

7.6 The Merchant will inform the Customer about any delay of the delivery which is outside the Merchant’s control.

7.7 If the delay of the delivery exceeds the period of thirty (30) days, the Customer can terminate the Agreement. In such case neither the Merchant nor the Customer has to indemnify the other party. The Customer has to inform the Merchant by e-mail about the termination of the Agreement. After receiving the e-mail, the Merchant will reimburse the amount of the invoice already paid by the Customer.

Article 8: Obligation to accept and period for filing complaints

8.1 The Customer is obliged to accept the products to examine them and to determine whether or not they are in conformity with the order which was made.

8.2 The professional Customer can file a complaint concerning the delivered product and/or service with the Merchant within 15 days from the delivery of the product and/or service concerned.

8.3 The non-professional Customer can file a complaint concerning the delivered product and/or service with the Merchant within 15 days from the expiry of the period of seven (7) working days as determined in article 3.2.

8.4 After the expiry of the term as determined in articles 8.2 and 8.3, the product and/or service will be considered to be definitely accepted by the Customer as being in conformity, and visible defects will be presumed iuris et de iure to be non-existent.

8.5 Possible complaints can only be directed to the address of the Merchant and they have to be accompanied by the product, a copy of the original delivery letter and the invoice.

Article 9: Liability of the Merchant

9.1 Even if the Customer has filed a complaint within the terms mentioned in articles 8.2 and 8.3, the liability of the Merchant for the defectiveness of a product and/or service delivered by the Merchant remains limited to its repair, or, if repair is not possible, to the replacement by a similar product or service or the reimbursement of the purchase price.

9.2 The Merchant is never liable for the indirect consequences of the unavailability of a product and/or service as a consequence of the defectiveness of this product and/or service.

Article 10: Repair, Replacement and Reimbursement

10.1 In order to enable repair, replacement or reimbursement of the purchase price according to articles 8 and 9, the Customer has to send the product back to the Merchant.

10.2 If the complaint is validated by the Merchant, the Merchant is obliged to pay all mailing costs and possible repair costs.

10.3 If the complaint is considered invalid, the Merchant will send the product back to the Customer. In that case, all mailing costs will be at the expense of the Customer. The Merchant will inform the Customer of the reason of the invalidity of the complaint.

Article 11: Liability of Promedia

11.1 Promedia, being the operator of the E-commerce platform that provides access to the E-shop of the Merchant, cannot be held liable for any defectiveness of the products and/or services which are being delivered by the Merchant to the Customer.

11.2 Promedia cannot be held liable for the quality of the E-shop of the Merchant and for the information on the E-shop of the Merchant. Moreover, in no way will Promedia be an involved party to the Agreement entered into by the Customer and the Merchant.

Article 12: Dispute Resolution

If the Customer and the Merchant have a dispute in respect of the contents of the E-shop of the Merchant or in respect of an order, they will, in the first place, try to reach a solution themselves. Moreover, in case of a judicial procedure arising out of a dispute, both the Customer and the Merchant can use the instruments of proof as described in article 1.6 of these general conditions.

Article 13: Intellectual and Industrial Property Rights

The Customer is obliged to respect all intellectual and industrial property rights, including the rights attached to the trade marks relating to the products and/or services delivered to the Customer.

Article 14: Transfer

14.1 The Merchant can transfer all his rights and obligations in respect of the Customer to a third party, provided he informs the Customer about this beforehand.

14.2 The Customer can never transfer his rights and obligations originating from the Agreement with the Merchant to a third party without the prior written consent of the Merchant.

Article 15: Declaration of Renunciation

The omission by one of the parties to comply with a provision of the Agreement, does not imply that the provision can be waived in the future. Nor can the other party renounce the right to enforce compliance with each provision of this Agreement.

Article 16: Entire Agreement

The Agreement and its schedules, as enumerated in article 20, make up the entire agreement between the parties in respect of the subject of the Agreement and replace all previous agreements and engagements between the parties. The Agreement can only be modified after both parties have consented thereto and rightful representatives of both parties have determined the modification in writing and signed it.

Article 17: Indivisibility

If a provision of the Agreement cannot be executed, the other provisions remain applicable without limitation.

Article 18: Acts of God

18.1 In case of what is commonly considered by case law to be acts of God, neither of the parties will be liable for the non-execution or the delay of the execution of the obligations originating from the Agreement.

18.2 In case of acts of God the Merchant has the right to, at its own discretion, suspend the execution of the order of the Customer or terminate the Agreement. The Merchant has to inform the Customer about this beforehand. A possible payment of the Customer to the Merchant will be refunded by the Merchant to the Customer.

Article 19: Personal Data

The Merchant acts entirely in accordance with the Law of 8 December 1992 on the Protection of Privacy (hereafter referred to as the "Law"). The Law is only applicable when the Customer is a living individual. The Customer has at all times the right to access data pertaining to him. Furthermore, the Customer can always object to the data being processed by the Merchant, unless the data processing is essential for the execution of the Agreement or when it is a statutory obligation. The Customer has the right to correct, modify or remove incorrect, incomplete or irrelevant data.

Article 20: Applicable Law and Jurisdiction

The Agreement is governed by Belgian Law and any dispute regarding the validity and the execution of this Agreement will be within the competence of the courts of the judicial district where the Merchant has his registered office.