General terms and conditions
In these General Terms and Conditions the following shall mean:
‘Viata’: Apotheek Struyven with headquarters at De Billemontstraat 48, 2440 Geel registered under the company number (VAT-BE) 458.756.451.
‘Buyer’: every natural person (B2C) or business (B2B) which has or will have a contractual relationship of any kind with Viata.
‘Medical products’: Prescription free medicines and para-pharmaceutical products. The subject of one or more purchase agreements.
In addition to these General Terms and Conditions, if explicitly stated, specific conditions can apply to certain services and/or medical products. In case of discrepancies between the specific conditions and the General Terms and Conditions, the provisions of the specific conditions apply before the General Terms and Conditions, unless otherwise specified. There can be deviated from one or more provisions of these General Terms and Conditions provided there is an explicitly agreed proof in writing. The remaining provisions of these terms remain valid in this case. The General Terms and Conditions used by the Buyer are not applicable. Viata reserves the right to change and/or add to the General Terms and Conditions at any time for future orders. By using the website or any other electronic portal of Viata and/or placing an order, the buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website. Viata can appeal to a third party when this is required for the correct execution of an agreement with the Buyer. Viata can be accessed at ‘viata.be’, ‘viata.fr’ or ‘viata.nl’.
2. Information and agreements
Viata takes great care when putting information online about the properties of the medical products, and this including the technical descriptions based on data from its partners and suppliers, and with photos illustrating the medical products, this all to the extent the technical resources allow it and according to the best standards on the market. Certain characteristics of a product, such as the colour, size, weight, and others, may vary from the photos upon delivery, as shown on the website. An agreement is established at the time an order confirmation is handed over to the Buyer or, in case the offer was made through the Website, has been sent by e-mail to the e-mail address specified by the Buyer. A personalised quote is valid for 2 weeks, unless a different period is mentioned in the offer. Viata and its Buyer explicitly agree that by using electronic forms of communication, a valid agreement is established. In particular, the lack of a regular, digital or electronic qualified signature does not affect the binding force of the offer and its acceptance. The electronic files of Viata count, as far as the law allows, as a presumption of evidence. Information, images, oral notices, statements, etc. regarding all offers and the main characteristics of the medical products which are provided by phone or by e-mail will be displayed or done as accurately as possible.
All prices are expressed in euros (and where necessary in other international currencies such as the GBP and USD) and are inclusive of VAT and other taxes. In the case of a legal person functioning as a Buyer, the price can be indicated excluding VAT and other taxes. Special offers are only valid while stocks lasts. The Buyer shall pay the price that Viata has communicated in its confirmation accordance with article 2 of these conditions. Obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by Viata after the establishment of the agreement. Delivery costs are clearly communicated to the buyer. In respect of certain payment methods additional conditions apply relating to the delivery method and the possible costs. This will be clearly communicated to the Buyer.
The indicated retail prices on the site are inclusive of all taxes (unless Buyer is acting as legal person, B2B), but without delivery costs. Any delivery costs are reserved to the Buyer and are displayed at the checkout of your digital shopping cart. We reserve the right to change the prices at any time, but we obligate ourselves to apply the rates as indicated on the site at the time of your order. Online orders can be paid by the current valid and internationally accepted credit cards and electronic payment methods. Security measures are taken by SSL to make sure your online payment is handled securely. If the payment can’t be settled immediately, because a financial payment method has been chosen that can’t effectuate such immediate payment, Viata determines a payment period of 14 days after the invoice date. Invoices will only be delivered to legal persons (B2B) by request. Consumers are explicitly excluded from this and therefore can’t request an invoice. If the customer does not pay the invoice within the set period, legal interests will begin to add up and are payable without prior notice. When Viata hasn’t received the payment after three reminders, the invoice will be handed over to a collection agency or legal office that will further handle the procedure. Complaints must be filed within one week after the invoice date. The filed complaint will by no means result in a suspension of payment. Also reserved to the Buyer are all (extra) judicial costs of any nature whatsoever which Viata, as a result of breach by the Buyer of its (payment) obligations, has had to make.
If there was chosen for a payment by credit card, then the conditions of the card issuer apply. Viata is not a party in the relationship between the Buyer and the card issuer.
5. Delivery DPD
We can process your order depending on the available stock. In the event that an item ordered by you is not in stock, we obligate ourselves to notify you of this by e-mail within fifteen days after the passing of the order and indicate when the product can be delivered to you.
Orders will be delivered as soon as possible. Viata currently offers you one delivery method, namely: DPD (https://www.dpd.com/be_en/home/shipping). Viata does everything within its ability to respect the indicated delivery periods. Viata however takes no responsibility for deliveries that arrive late or for orders lost by third parties or due to unforeseen circumstances or force majeure. If an order is not delivered within the specified period, an investigation will be set up by the carrier, which may take several days. There is no refund or other delivery method possible during this period. Medical products that are no longer in stock, can be ordered. In case of an order, a delivery period of up to 30 days after ordering should be taken into account. When you receive your medical products, it is important you check whether they are in conformity with your order, and if not, inform Viata of this within seven (7) working days. All reports about deliveries thathaven’t arrived in time must be e-mailed to firstname.lastname@example.org. Possibly returned medical products will only be accepted if they are in original condition, namely in their packaging, accessories, nutrition advices and documentation included.
Unless otherwise agreed, the delivery deadline is thirty (30) days after receipt of the order, with the exception of bank transfer which makes the delivery deadline 30 days after receipt of the payment. The above mentioned delivery period is merely, to the extent allowed by the Market Practices Act, an indication, therefore no rights can be derived from it. Deliveries will happen at the address specified by the Buyer during the establishment of the agreement. Once the ordered medical products are delivered to the specified delivery address, the risk shall pass on to the Buyer.
6. Identity theft and credit card fraud Docdata Payments
To ensure the secureness of your online transactions, Viata works with authorized payment partners and credit card issuers. Payments are processed by the secured system of Docdata Payments, following (credit) cards are accepted: Visa, MasterCard, Mister Cash/Bancontact, Maestro. The online payment is thus carried out through a closed security system, with which your bank information is always encrypted when transferred over the internet. Loss or theft of your identity card information or credit card information is hereby reduced to a minimum. Viata believes to have taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Possible identity theft or financial theft therefore can’t be invoked against Viata.
7. Defects and complaint filing
The Buyer is always obligated to immediately examine the medical products upon receipt.
Complaints of the Buyer, relating to product defects or the delivery, which are visible, should be brought to the attention of Viata by a written notice by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the medical products were not delivered or could not be delivered to the Buyer). We recommend that you send your order by registered mail and take out an insurance with the carrier, for the market value of the medical products. This in case of theft or loss of the medical products by the carrier. For all returns, the cost are reserved to the Buyer.
The Buyer is not entitled to return the medical products for which there are no substantiated complaints. If no result is given to the foregoing and goods are returned wrongly, then all costs which are connected to the return are reserved to the Buyer. Viata is then free to stock the medical products at third parties on the account and risk of the Buyer and/or at implicit or explicit request and expense of the Buyer, send these items back to the Buyer.
The Market Practices Act (MPCPA) determines that the Buyer may return the product within a period of 14 calendar days without any consequences, in terms of fines or justifying reasons. This is called the right of withdrawal. Medical products which imply provisions (such as prescription free drugs or para-pharmaceutical medical products) ("that can’t be returned because of their nature or because they spoil or age fast") fall, in accordance with article 47, paragraph 4, 2 ° MPCPA, outside the application of this right. In this case we can think of prescription free medicines and para-pharmaceutical medical products and related medical products. Such medical products are therefore not eligible for return.
In the highly unlikely event that the right of withdrawal may be invoked (for a product different than in the above paragraphs), a return delivery must be sent with a carrier. The return of an order reserves the costs and risk to the User, unless the product is non-compliant. Within the period of the extended warranty, the customer must return the product to Viata and request a return number through the Viata customer service. When the above mentioned right of withdrawal has been used validly and legally correct, Viata will ensure the repayment of the sum paid to Viata by the Buyer within seven (7) working days, through a by the Buyer chosen but internationally accepted payment method.
There is no refund possible when the right of withdrawal has been improperly used. In that case the goods, provided justified reasons, will be sent back to the Buyer, costs and risk reserved to the Buyer.
9. Quality check/preservability and guarantee of medical products different than foods
As imposed by the current and relevant legal provisions, there have to be statutory quality controls of the medical products supplied by Viata. The minimum expiration date is the date until which a (food) product retains its specific properties, if it is stored appropriately. The expiration date is only valid as long as the package hasn’t been opened and as long as the special storage regulations were met. The expiration date of provisions is an indication from the manufacturer. During the mentioned period the manufacturer guarantees the quality of its product. This guarantee applies when the storage conditions, mentioned on the label, are respected. That’s why the storage conditions on the label are important. The expiration date is connected to the particular storage conditions. This makes all stages of the food chain responsible for the quality; from the manufacturer and all intermediaries (wholesalers, transporters, retailers) to consumer (during and after the purchase). Once the package is opened, the guarantee ceases. The quality of the product is guaranteed as long as the packaging remains intact. Once opened, the nutrient becomes a vulnerable product and the date indicated expires. There is no legal requirement to label non-prepacked provisions.
For products other than foods that are not in accordance with the agreement, the Buyer shall notify Viata of this at the latest within seven (7) working days after the delivery. Any compensation that follows can never be greater than the amount invoiced to the Buyer. Usual or normal wear and tear, accidental or intentional changes inflicted by the Buyer to the product, not being able to submit an original invoice or valid proof of payment and various omissions are explicit, but not exhaustive, exceptions to the above guarantee scheme.
10. Prevention of counterfeiting
The entrepreneur only offers products that he buys from the original manufacturers and their wholesalers at all times. If there is any doubt about the authenticity of products, consumers can find more information and tips on the website https://www.eccbelgie.be. If counterfeiting is suspected, consumers can always submit a complaint via the Notification Centre https://meldpunt.belgie.be/meldpunt.
11. Force majeure
In case of force majeure, Viata is not obligated to fulfill its obligations to the other party. Viata is entitled to suspend its obligations for the duration of the force majeure.
Force majeure means: any circumstance beyond its control which prevents the fulfillment of its obligations to the other party in whole or in part.
12. Intellectual property
All intellectual property rights and derived rights are retained by Viata. These intellectual property rights include royalties, trademark rights, drawing rights and design rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts. The Buyer is forbidden to use and/or make changes to the intellectual property rights as described in this article, unless this is for private use of the product itself. URLs that are included on the website or other electronic communication portals, which are under the actual control of Viata, will be clicked on and visited by the Buyer entirely at their own responsibility.
13. Processing of personal data
The information you provide is necessary for the processing and completing of the orders, and the preparing of the accounts and guarantee contracts. If this information is missing, the order will be inevitably cancelled. Providing incorrect or false personal information is considered a breach of the current General Terms and Conditions. The personal information of the Buyer will only be processed in accordance with the current privacy statement, which can be consulted on the Viata website.
14. Governing law and jurisdiction
All offers and agreements are subject to Belgian law. The applicability of the CISG is explicitly excluded. All disputes related to or resulting from offers of Viata, or agreements established with Viata, will be submitted to the qualified territorial judge, unless a mandatory statutory provision explicitly appoints another judge as qualified.