GENERAL TERMS AND CONDITIONS
ARTICLE 1 – PURPOSE
The present general terms and conditions govern the contractual relationship between, on the one hand, THERAVET SA (hereinafter “THERAVET”), BE 0684.906.013, having its registered office at Biotech 3, Avenue Jean Mermoz 32/1, 6041 Gosselies, Belgium and, on the other hand, its customers (hereinafter “the Customer”), whether they are a natural person and consumer (hereinafter “the Consumer”) or a business within the meaning of Article I.1 of the Economic Law Code (hereinafter “the Business”).
All orders imply the Customer’s irrevocable acceptance of these general terms and conditions of sale. The Customer confirms that they are aware of the latter.
The parties agree that their relations shall be governed exclusively by these general conditions, which constitute the Contract between them, except as otherwise provided in any special conditions agreed by the parties. Any special conditions are always strictly limited to the object or transaction they concern and are strictly interpreted. The present general conditions and any annexes thereto replace and cancel any agreement, communication, offer, proposal or correspondence, whether verbal or written, which was previously exchanged or concluded between the parties and which relates to the subject matter hereof.
The Customer declares they have the capacity to enter into this contract.
The Consumer declares that they are entering into a private contract and are not purchasing THERAVET products with a view to reselling them.
The failure of THERAVET to implement any of the provisions of these terms and conditions shall not be deemed or construed as a waiver of its subsequent application or of the application of the other provisions of these terms and conditions by THERAVET.
ARTICLE 2 – PRODUCT OFFER
The products and conditions listed on the THERAVET website, www.bioceravet.com or in the THERAVET catalogue are subject to change.
All offers issued by THERAVET (whether in paper or electronic form) are valid for a period of one month unless otherwise stated in the offer.
All product offers and delivery terms are subject to availability. THERAVET undertakes to inform the Customer as soon as possible in the event that a product is not available after an offer has been made.
ARTICLE 3 – PRICE
The prices are in euros, pounds or dollars, excluding taxes.
THERAVET reserves the right to modify their prices. However, the prices applicable to a Customer are those in force at the time of the Customer’s order as confirmed.
The prices do not include a contribution to the processing costs (postage, packaging and preparation of the package). Postage, packing and package preparation costs are charged according to the weight and volume of the package, the place of delivery and the carrier or mode of transport chosen. The delivery of THERAVET products is carried out by a third- party carrier whose prices are indicated on the THERAVET website for information purposes. The actual costs are indicated to the Customer on the order form.
Without prejudice to any other penalties, THERAVET may charge the customer additional costs if the customer requests a change in the delivery time or place, refuses to accept the delivery on the agreed date or provides THERAVET with incorrect information.
ARTICLE 4 – ORDER
The order by the Customer is made on the webshop www.bioceravet.com.
All orders are subject to acceptance by THERAVET. THERAVET reserves the right to refuse any order from a Customer or to make it conditional upon payment of a deposit.
In order to place an order on the website www.bioceravet.com, the Customers may for their first order create an account and then identify themselves with their email address and password.
The internet order will only be definitively registered after the last validation of the payment screen of the validated order. The Customer will receive an email confirming that the order has been taken into account by THERAVET.
The validation of an order implies express and irrevocable acceptance by both parties of the price and descriptions of the products sold.
If the products ordered are sold out or unavailable, THERAVET will immediately inform the customer and offer to either cancel the order free of charge or replace it with an order of equivalent products.
ARTICLE 5 – PAYMENT BY THE CUSTOMER
When the Customer places an order on the THERAVET website, they then make the online payment by means of a credit/debit card according to the instructions of the website. THERAVET uses the secure payment service Mollie (www.mollie.com). The banking data entered by the user
of the site are encrypted.
If the Customer fails to make the agreed payments, THERAVET may suspend the delivery of the products to them, without prejudice to the possibility of seeking compulsory execution or termination of the contract and the payment of damages.
In the event of late payment of an invoice, the sums due shall be increased automatically and without prior notice by late payment interest of 8% per year of the principal amount of the invoice, from the due date until full payment of the amounts due and a fixed collection fee of 10% of the amount of the invoice with a minimum of 75 €, without prejudice to the right of THERAVET to claim full compensation for its actual loss.
ARTICLE 6 – DELIVERY TO THE CUSTOMER
The delivery times announced by THERAVET on its website are calculated in working days and are given for information purposes, taking into account the preparation, dispatch and delivery times.
Subject to the Customer’s compliance with their obligations, the actual delivery date or time is communicated to the Customer in working days when the order is validated.
These deadlines are strictly applicable for Consumers unless they cannot be met due to unforeseeable circumstances beyond THERAVET’s control which make it impossible or substantially more difficult or onerous to fulfil THERAVET’s obligations and the purchaser has been informed of this at the latest on the date of delivery, if applicable, by offering an extension of the delivery time. If the Consumer accepts the proposed extension of the delivery time, if the new delivery time is exceeded, they may terminate the contract by registered letter within one month after the end of the extension. In this case, the sums already paid will be reimbursed to them within 8 days of the notification of his termination.
For Businesses, delivery times are given as an information purposes. Any delay in relation to these delivery times shall not give rise to any deductions, penalties, compensation and/or indemnification by THERAVET.
If the Customer does not take delivery on the agreed date, THERAVET may after formal notice terminate the contract by registered letter, unless the failure to take delivery is due to force majeure.
In the case referred to in Article 6.5, THERAVET may also claim compensation from the Customer for the damage suffered, set at a flat rate of 15% of the sale price excluding taxes, without prejudice to the possibility for THERAVET to claim full compensation for its loss.
The sale shall be cancelled automatically if the delivery becomes definitively impossible due to force majeure.
Products sold on the US webshop are shipped from THERAVET’s warehouse in South Carolina, USA.
ARTICLE 7 – TRANSFER OF OWNERSHIP AND OF RISKS
The transfer of ownership of the THERAVET products to the Customer is made on the date of full payment of the price by the latter in principal and ancillaries.
However, the risks are transferred to the Customer as soon as the order is placed and to the Consumer as soon as they (or the third party designated by them) take physical possession of the products.
ARTICLE 8 – RIGHT OF WITHDRAWAL FOR CONSUMERS
The Consumer has a period of fourteen (14) days from the date of delivery of the order to return any item which does not meet their expectations, in its original packaging and in perfect condition, suitable for resale, and to request an exchange or refund by returning the item, without any penalty excluding the cost of returning it.
To exercise the right of withdrawal, the Customer must send an email to email@example.com and products must be returned, together with the correctly filled in delivery note included in the package to the THERAVET registered office: Biotech 3, Avenue Jean Mermoz 32/1, 6041 Gosselies – Belgium.
The Consumer’s bank account will be credited with the amount of the returned THERAVET product(s) within fourteen (14) days from the date of receipt of the products by THERAVET.
The shipping costs remain at the expense of the Customer in the event of return of only part of the THERAVET products.
THERAVET has the right to control products prior to the crediting. THERAVET products which are returned incomplete, damaged or soiled by the user will not be accepted.
ARTICLE 9 – WARRANTY
The customer is obliged to examine the THERAVET products immediately upon receipt and to notify THERAVET without delay by email with acknowledgment or receipt to firstname.lastname@example.org. The customer shall promptly notify THERAVET of any apparent defects and any deviations from the contractual specifications, i.e., any defects which can be quickly detected by careful and thorough inspection, in particular those relating to the characteristics and functioning of the products. If the products seem to have been opened or if they show obvious signs of deterioration, a complaint must be addressed to the carrier and to THERAVET by registered letter with acknowledgement of receipt within three working days following the delivery of the products.
In accordance with Articles 1649 bis to 1649 of the Civil Code, THERAVET shall be liable to Consumers for any lack of conformity which exists at the time of delivery of the goods and which appears within a period of two years after delivery.
The defect referred to in Article 9.2 shall however be deemed not to exist if at the time of the conclusion of the contract the consumer was aware of the defect or could not reasonably have been unaware of it or if the lack of conformity has its origin in materials supplied by the consumer.
It is agreed that the consumer must notify THERAVET of any lack of conformity by registered email with acknowledgement of receipt to email@example.com within a maximum of two (2) months from the day they noticed the defect. Failure to comply with this obligation will result in the loss of the consumer’s rights.
Where applicable, the common law of the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code will apply at the end of the two-year period for Consumers, and from the time of sale for Businesses. In this case, the two (2) month period of notification of defect will still apply.
The Customer shall have no warranty rights if the supplier’s recommendations have not been followed, if the Product has been modified or in the event of abnormal use of the Product. Likewise, the warranty cannot be invoked in the event of normal wear and tear or an accident.
The warranty is limited to the repair or replacement of the defective products, or to a price reduction or reimbursement in all cases, and without prejudice to the applicable mandatory provisions and to Article 10.
No product may be returned without the prior written permission of THERAVET, which can be requested without delay by email with acknowledgment of receipt to firstname.lastname@example.org. Such permission is in any case subject to all reservations and without any acknowledgment which is prejudicial to THERAVET.
ARTICLE 10 – LIABILITY
THERAVET has only an obligation of means for all stages of access to the website, the ordering process and the subsequent services.
THERAVET cannot be held liable for any inconvenience or damage caused by the use of the Internet, in particular an interruption of service, an external intrusion or the presence of computer viruses.
THERAVET shall not be liable for failure to fulfil its contractual obligations due to force majeure, including but not limited to strikes, fire, disasters, breakdowns, pandemic, etc.
Unless THERAVET is guilty of fraud, only the warranties set forth in these terms and conditions shall apply, to the exclusion of any other liability of THERAVET. THERAVET shall only be liable to Customers for gross negligence on its part or on the part of its employees or agents, for the non-performance of an obligation consisting of one of the main services of the contract (except in the case of force majeure) or in the event of the death of the Customer or personal injury to the latter resulting from an act or omission of THERAVET.
ARTICLE 11 – MODIFICATIONS
THERAVET reserves the right to modify the present Terms and Conditions of the sale any time. Any new version of the latter will be announced in advance on the website www.thera.vet or communicated to the purchaser at the time of ordering.
Customers who do not desire the contractual relationship to be governed by the new version of the General Terms and Conditions of Sale applicable to all new orders must stop placing orders with THERAVET.
ARTICLE 12 – COMPLAINTS
Any complaint or request for information about THERAVET products, payments, orders or delivery can be made through email@example.com.
ARTICLE 13 – PRIVACY
All personal data collected by THERAVET are collected in compliance with the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.
This data is transferred in some cases (e.g., for payment methods to our service provider … ) or collected and then transferred for different delivery methods with carriers, or for statistical purposes or to improve the use of the website. They will not be used for any other purpose.
The user has free access to their data to request, if necessary, rectification, modification or deletion by visiting www.thera.vet or by submitting a simple request in accordance with Article 12.
If necessary, THERAVET may transfer its user database to a third party, subject to the prior agreement of the Customer. Customers may then exercise their right to object to this transfer by email or by registered letter.
ARTICLE 14 – NULLITY
Provisions which violate a legal or regulatory provision of public policy or mandatory law shall be deemed unwritten, without this nullity affecting the validity of the said general conditions as a whole, unless the provision criticized is decisive for the agreement as a whole.
In the event that the provision in question affects the very nature of the contractual relationship, each party shall endeavor to negotiate immediately and in good faith a valid provision of equivalent economic effect or, at the least as close as possible to the effect of the annulled provision to the extent permitted by law. The same power will be given to the judge in case of a dispute.
ARTICLE 15 – APPLICABLE LAW AND DISPUTES
The relationship between THERAVET and the Customer is exclusively governed by the provisions of Belgian law.
The Customer shall first contact THERAVET to obtain an amicable solution to the dispute.
Without prejudice to Article 15.2, any dispute as to the existence, validity, performance, breach or interpretation of this agreement shall, prior to any legal action, be submitted to mediation, in accordance with Articles 1724 et seq. of the Judicial Code.
If this mediation procedure fails, the dispute will fall under the exclusive jurisdiction of the courts of the judicial district of Charleroi, without prejudice to any mandatory or public order provisions which may govern the situation. THERAVET also reserves the right to bring an action against the customer before the competent courts of the customer’s domicile or registered office.