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General Terms and Conditions

1. PREAMBLE

The purchase of an item through the www.deutschland-Inkontinenz.de website implies the unreserved acceptance by the buyer of the present terms and conditions of sale. The present terms and conditions of sale shall take precedence over all other general or specific terms and conditions that were not expressly approved by MediFabrik. MediFabrik reserves the right to change its terms and conditions of sale at any time. In that case, the applicable terms and conditions shall be those in place on the date on which the buyer placed his order.

2. COMPANY IDENTITY AND REGISTERED OFFICE

MediFabrik SPRL
5D, Rue du Pré à l'Aune
5330 Assesse
Belgium
VAT: BE 0662 648 966

3. PRODUCTS

The products and services on offer are those listed in the catalogue as published on the www.deutschland-Inkontinenz.de website. The photographs in the catalogue are as faithful a representation as possible, although no assurances are offered as to the perfect likeness with the products available for sale. The products presented on the website are offered subject to stock availability. MediFabrik ensures that the website is kept up to date.

4. PRICES

The prices stated on the www.deutschland-Inkontinenz.de website are in euro and include all taxes, in consideration of the VAT that applies on the date on which the order is placed. All changes to VAT rates shall be passed on in the prices of the products or the services. MediFabrik reserves the right to change its prices at any time, albeit on the understanding that the prices stated in the catalogue on the date on which the order is placed shall be the sole price that applies to the buyer, excluding the shipping costs.
The prices specified for the benefit of the customer prior to confirmation of the latter’s order includes the price of the product(s), the product handling, packing and conservation costs, as well as the shipping costs.

5. GEOGRAPHICAL TERRITORY

The online purchase of the products and services presented on the www.deutschland-Inkontinenz.de website is reserved to buyers who reside in Germany.

6. ORDERS

The buyer who wishes to purchase a product or a service is under obligation to:

  • fill in the identity sheet in which he is to enter all of the contact details requested or enter his customer number, if he has previously been assigned such as number, as applicable;
  • fill in the online order sheet by providing the full reference numbers of the products or services selected by him for purchase;
  • confirm his order after making sure he has duly checked the said order first;
  • transact payment in compliance with the terms set out;
  • confirm his order and the payment thereof.

The order confirmation implies the buyer’s acceptance of the present terms and conditions of sale, his acknowledgement that he is fully aware of and fully understands the said terms and conditions and the fact that he waives invoking his own terms and conditions of purchase or any other terms and conditions. All of the details supplied along with the registered confirmation shall serve as proof of the transaction. The confirmation shall serve as the signing and acceptance of the transactions undertaken. The seller shall confirm the registered order to the buyer by e-mail.

7. CONSUMERS’ RIGHT OF CANCELLATION

The consumer (any physical person who acquires or uses the products made available on the market for non-professional purposes) shall be within his rights to notify the company that he is cancelling the purchase, without penalties and without being required to state grounds, within 14 calendar days counting from the day that follows the date on which the item was delivered. This right of cancellation applies to all products available for purchase from the www.deutschland-Inkontinenz.de to the exclusion of the formula milk products, the liquid nutritional supplements with a short best before date, medical devices and all other items likely to perish quickly. The returned product shall be refunded within 30 days at the latest, counting from the date on which the seller received the returned item. The refund shall be made out to the customer billing address as supplied at the time the latter placed his order. The customer is to return the new products, at his own expense and at his own risk, in their original packaging, intact, accompanied by all and any accessories, user instructions and documentation to the address specified under article 2 of the present General Terms and Conditions.

8. DELIVERY

8.1 Upon order confirmation and subject to payment in full of the price of the products ordered, MediFabrik shall dispatch the products ordered to the delivery address, in principle within 1 to 10 working days. The delivery times specified on the website are provided for reference only. The customer shall not be within his rights to claim any kind of compensation from MediFabrik if the delivery is late. Nonetheless, if the delivery time exceeds thirty calendar days counting from the date on which payment in full was transacted of the order price, the sales contract may be cancelled, in which case the buyer shall be refunded within thirty calendar days at the latest. For reasons of availability of the products ordered, a single order may be delivered to the customer in several successive deliveries.

8.2 Deliveries shall be performed by a parcel delivery service (the carrier) or via the network of the service points, at the customer’s discretion:

Delivery to a service point:
When placing his order, the customer is to select the service point from where he wishes to pick up his parcel. Once the parcel has been shipped, the customer can track and trace the parcel’s itinerary by way of the tracking number sent to him by MediFabrik by e-mail. The customer shall also be notified by e-mail as soon as his parcel sera available au service point. The parcel shall be available to be picked up upon presentation of proof of identity. Receipt of the parcel is to be confirmed by way of an electronic signature. If a parcel fails to be picked up from the service point within 14 consecutive days after the buyer was sent notice by e-mail that it was available to be picked up, it will be returned to MediFabrik. The customer shall be allowed to request a second delivery. However, such a second delivery shall be at the customer’s expense and subject to stock availability.

Delivery to the address of your choice:
When placing his order, the customer is to fill in a delivery address (which may be different from the billing address) where the parcel will be taken delivery of by someone the customer knows and trusts. The carrier makes deliveries during the day between 08:00am and 06:00pm, from Monday to Friday. The parcels are handed out only against a signature. Once the parcel has been shipped out, the customer can track and trace the parcel’s itinerary by way of the tracking number sent to him by MediFabrik by e-mail.

If the customer is unable to take receipt of his parcel upon the first attempted delivery, the driver will drop a calling card into his letterbox. The parcel shall be presented again the next the working day. If the parcel again is unable to be delivered, the driver will leave a second calling card containing the contact details of the carrier for the customer to contact and set a date for a third and final delivery attempt. After three failed attempts to deliver the parcel, the parcel is then returned to MediFabrik. The customer shall be allowed to request a new delivery, at the customer’s expense and subject to stock availability.

8.3 Upon receipt of the products ordered, the customer or the recipient is to inspect the item(s) delivered to make sure they are in good condition and read the item’s user instructions. If one or several the products ordered should be missing or in a poor condition, the customer or the recipient is to put his comments and reservations to the carrier no later than at the time of the delivery and on pain of invalidity.

8.4 The following shall be considered as instances of force majeure absolving MediFabrik from its obligation to deliver: war, riots, fire, strikes, accidents and the fact of finding himself unable to obtain or receive supplies.

8.5 All products specified in the orders placed with MediFabrik are intended for solely for the private use of the customers or the recipients whose name is stated at the delivery address. As applicable, the customer undertakes to pay, upon receipt, all taxes, levies, duties and other charges current and future, that are payable over the delivery of the said products themselves, to the exclusion of MediFabrik’s joint and several liability in this respect. The customers or the recipients of the products hereby undertake not to resell the products, whether in full or in part.

8.6 In the event a sold product is found to be non-compliant, the said product may be returned to MediFabrik, subject to MediFabrik’s written and prior consent, whereby the latter shall take back and swap or refund the item. The terms and practical arrangements subject to which the merchandise is to be taken back shall be communicated to the customer by e-mail. All complaints, swap or refund requests must be sent by postal letter to the address specified under article 2 of the present terms and conditions.

8.7 In the event compliant merchandise is to be returned (for instance where the customer made a mistake in placing his order), the customer shall need to contact MediFabrik, which will inform the latter whether or not it agrees to take back the merchandise and of the terms and practical arrangements for the return. At any rate, the return costs shall be defrayed by the customer and the merchandise shall be shipped back at the customer’s responsibility, in their original packaging, intact, accompanied by all and any accessories (user instructions and documentation) to the address specified under article 2 of the present General Terms and Conditions.

9. METHOD OF PAYMENT

The orders placed via the website shall be payable in cash by one of the following means of payment: Paypal account, credit card, debit card, Giropay account or Sofort account.

10. PRIVACY PROTECTION

All details supplied via the www.deutschland-Inkontinenz.de website shall be treated with the utmost confidentiality. MediFabrik hereby undertakes not to disclose any such details.

11. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights over all elements of the www.deutschland-Inkontinenz.de website as well as the underlying technology shall exclusively rest with the seller. Anyone who wishes to uses these elements is to apply for MediFabrik’s permission to do so beforehand. Similarly, no hyperlinks to www.deutschland-Inkontinenz.de are permitted without MediFabrik’s written permission.

12. LIABILITY

In the online sales process, the seller is bound only by a best effort obligation. His liability may be invoked only for loss or damage resulting from the use of the Internet such as the loss of data, hacking, virus contamination, disruption of services, or other unintended problems. For all orders dispatched to destinations outside Belgium, the buyer shall be considered as the importer of the products ordered and fulfil the applicable legal obligations in this respect. It is for the customer to check with the authorities of his country whether the products ordered may be freely imported. The customer shall be bound by the details supplied by him upon entering the data pertaining to his order. MediFabrik declines all and any liability for the errors committed by the customer in the rendering of the contact details of the order recipient (i.e. the delivery address and billing address), for any delays in delivery or for the impossibility of delivering the products ordered which may be the result of these errors.

13. DISPUTES AND APPLICABLE LAW

Unless expressly otherwise agreed between the parties in writing, disputes relating to the validity, the interpretation or the performance of the present terms and conditions, in respect of an amount greater than 5,000 € and which was unable to resolved out of court, shall be settled as follows: the parties shall endeavour to resolve the dispute by engaging in mediation in compliance with the mediation regulations of the Brussels Business Mediation Center, abbreviated as BBMC, avenue Louise 500 in 1050 Brussels (tel: +32 (0)2 3730876, fax: +32 (0)2 3755969, e-mail: info@bbmcmediation.be, website: http://www.bbmcmediation.be). The mediation shall start no later than 15 days after one party has notified the other party of its request to engage in mediation. The duration of the mediation shall not be allowed to exceed 30 calendar days, unless with the express agreement of the parties. In the event the mediation attempt should fail, as well as for all disputes over sums of less than 5,000 €, the parties shall bring the dispute before the courts of competent jurisdiction of the legal district of Namur. The disputes arising from the contract or in relation therewith shall be governed by Belgian law.