Terms and Conditions of Sale

ARTICLE 1. COMPANY

ARTICLE 2. DEFINITIONS

ARTICLE 3. ACCEPTANCE OF TERMS

ARTICLE 4. PURPOSE

ARTICLE 5. ORDER

ARTICLE 6. PRICES

ARTICLE 7. DELIVERY

ARTICLE 8. PRODUCTS

ARTICLE 9. PAYMENT

ARTICLE 10. WITHDRAWAL

ARTICLE 11. CLAIMS

ARTICLE 12. LIABILITY

ARTICLE 13. WARRANTY

ARTICLE 14. PERSONAL DATA

ARTICLE 15. INTELLECTUAL PROPERTY

ARTICLE 16. COMPETENT JURISDICTION

ARTICLE 17. PIRACY

ARTICLE 18. HANDLING COMPLAINTS

PREAMBLE

Users are requested to read the present Terms and Conditions of Sale before ordering.

These Terms and Conditions of Sale apply to all business operations for all products, services and accessories on sale, excluding all other conditions (except written and express contradictory derogation approved by the Parties).

Any order for a product offered on Selfpharma.com or via the mobile Selfpharma app requires consultation and acceptance to the Conditions of Sale set out below and this acceptance is not conditioned by a signature from the User. All domains (.be, .nl, ...) and related URLs are listed under the name Selfpharma.

ARTICLE 1. COMPANY

The website Selfpharma and its mobile app belong to the the public pharmacy Selfpharma SPRL. The contact details and location of SELFPHARMA are:

SELFPHARMA SPRL
Place Bara 2
1070 Anderlecht, Belgium
Phone: +32 (0) 2 527 45 66
Fax: +32 (0) 2 520 66 56
VAT identification number: BE 0806.621.811
APB pharmacy licence number: 210145

ARTICLE 2. DEFINITIONS

For the purposes of the terms used in these Terms and Conditions of Sale or the website and mobile app of the online pharmacy Selfpharma, there is meant by:

1° "Selfpharma" : e-commerce platform and Selfpharma mobile app owned by Selfpharma pharmacy located at 2, Place Bara, 1070 Brussels, on which products are presented and sold to Users;

2° "User" : any natural or legal person with legal capacity, who places an order on the online pharmacy Selfpharma and that will approve these Terms and Conditions of Sale. Users who have validated an order will be referred to as "Buyer";

3° "Order" : the sales contract concluded between the User and the online pharmacy Selfpharma, as provided in these Terms of Sale.

4° "Product sheet" : all information or details about a product sold by Selfpharma;

5° "Product" : all property offered for sale by Selfpharma;

6° "Transaction" : all operations, security obligations, authorisations and agreements in connection with payment of products ordered on Selfpharma.

ARTICLE 3. ACCEPTANCE OF TERMS

3.1 The present Terms and Conditions of Sale of Selfpharma define the rights and obligations of the parties governing the sale of goods and services by the Selfpharma to users of Selfpharma's Website or mobile app.

3.2 These Terms and Conditions of Sale complement the Privacy and Protection of Privacy Policy.

3.3 The User acknowledges having knowledge of these Terms and Conditions of Sale and formally declares that they accept them without any reservation. The validation of the order implies acceptance of the Terms and Conditions of Sale. Any order made ​​is governed by these conditions.

ARTICLE 4. PURPOSE

4.1 Selfpharma offers online sales of prescription-free drugs and free-access products sold in pharmacies. You will also find cosmetic products as well as medical equipment and accessories.

4.2 All our products are certified genuine, of great quality and comply with Belgian and European standards.

4.3 Medications are available only in Belgium, presented in French and Dutch, are sold in limited quantities and are offered to users until exhaustion.

ARTICLE 5. ORDER

If this is their first order, the User must create an account.

Once the account is created, the User must always connect before placing an order.

If they lose or forget their username and/or password, the User will get a new password using the link "Forgot Password?"

By clicking the button "Add to Basket" visible on all product sheets, the User complete their shopping list.

By clicking on "my basket", the User acknowledges the summary of their order. Then, they can if desired, remove one or more products listed on their shopping list before confirming their order.

All orders are exclusively made on the website Selfpharma.com or via the Selfpharma mobile application.

Any online order is controlled by our pharmacists. In the light of elements filled in the questionnaire for this purpose, the pharmacist will decide to validate or reject the order.

The User receives an order confirmation email. He/she will also receive the status monitoring of his/her order.  

The User will be held responsible for all information they provide. Selfpharma can in no case be held responsible for mistakes made ​​by the User (receiver's information, delivery address, delivery period and billing).

Any order implies acceptance of prices and descriptions of products offered for sale on the website Selfpharma.com or the Selfpharma mobile application.

Any order of products and prices are valid as long as they are visible on the website Selfpharma.com or the mobile app Selfpharma, within the limit of available stock. However, it is possible that after a possible update, there are pricing errors. In this case the pharmacy reserves the right to cancel the order and notify the User of the error. The User can either accept the new price or a refund.

If products are out of stock, the User will be notified by the pharmacy. He/she can then choose to change or cancel the order.

Only legally competent persons can order.

For any other question about ordering, please contact Selfpharma by email.

ARTICLE 6. PRICES

6.1 All prices on products sheets are in Euros, all taxes included, and take into account potential reductions.

6.2 The prices indicated on product sheets do not include transport costs. These will be indicated, depending on the selected delivery method, before the final confirmation of the Order. Once the Order is validated, the bill will therefore include product prices and transportation costs.

6.3 All prices are valid within the limits of available stock. However, it is possible that after a possible update, there are pricing errors. In this case Selfpharma reserves the right to cancel the order and notify the User of the error. The User can either accept the new price or ask for a refund.

6.4 Selfpharma reserves the right to change prices at any time but the products will be billed based on rates in effect at the time of registration of the order, subject to availability of products.

ARTICLE 7. DELIVERY

After confirmation and effective payment, Selfpharma SPRL will ship the order to the Buyer.

7.1 Delivery in Belgium

The Buyer who has chosen Belgium as country of residence at registration can only get their Order delivered in Belgium.

The Buyer may choose to get their Order delivered:

• to a collection point
• to the address that they have indicated during the current order process

Delivery charges and order processing are added to the product price. These costs are mentioned in the summary of the order before its final confirmation. To comply with the law, the shipping costs cannot be free. They depend on the delivery method chosen by the Buyer.

If the product ordered is not available, the pharmacy Selfpharma SPRL will inform the Buyer by email. In this case, the entire product cost will be refunded within 10 working days (from the date of initial payment).

7.2 Delivery abroad

The Buyer has selected a country other than Belgium as country of residence at registration, can only get their Order delivered in the country of residence selected.

Belgian law prohibits the export of medicines including those issued under prescription in Belgium, for this reason the Buyer may only purchase parapharmaceutical products.

The Buyer may choose to get their Order delivered:

• to a collection point 
• to the address indicated when ordering

Delivery charges and order processing are added to the product price. These costs are mentioned in the summary of the order before its final confirmation. To comply with the law, the shipping costs cannot be free. They depend on the delivery method chosen by the Buyer.

If the product ordered is not available, the pharmacy Selfpharma SPRL will inform the Buyer by email. In this case, the entire product cost will be refunded within 10 working days (from the date of initial payment).

If a package is not received despite the various passages of the deliveryperson, it will be returned to Selfpharma and the recipient will be notified by email. A request for a second paid delivery can be scheduled upon request of the Buyer.

When ordering, all taxes, duties, levies and other charges due for the delivery of the ordered products are the responsibility of the Buyer. Joint and several liability of Selfpharma shall in no way be held responsible for that.

CUSTOMS AND IMPORT CHARGES

In the case of non-compliant deliveries, the customer must report the non-compliant delivery within 5 business days.

ARTICLE 8. PRODUCTS

8.1 Products sold are those in Products Sheets found on the website of Selfpharma within the limits of available stock.

8.2 The Belgian legislation prohibits the export of drugs. That is why only parapharmaceutical products can be sold to users not residing in Belgium.

8.3 In the event of unavailability of a product, the Buyer will be informed by Selfpharma.

ARTICLE 9. PAYMENT METHODS

9.1 Any order implies a contribution to transport costs, where appropriate, a participation to payment fees, depending on the payment method.

9.2 All payments made on our website Selfpharma.com or the mobile app Selfpharma are secured by the payment control system of Worldline (an Atos company).

The Buyer may choose amongst the following payment methods:

• credit card (Visa, MasterCard, American Express)
• Paypal
• online bank transfer (NETBanking)

The account of the Buyer is debited after confirmation of the order.

9.3 For the payment of the order, the Buyer warrants that they are fully authorised to use the payment card in their possession or their PayPal account and have sufficient funds to cover the costs arising from the order.

9.4 Selfpharma reserves the right to cancel or refuse any order or delivery in case of:

• Refusal from the secured bank payment center or the company Worldline;
• Total or partial non-payment of an order;
• Existing dispute with the Buyer.

The Buyer will be notified of our decision by email and the responsibility Selfpharma will in no case be engaged.

ARTICLE 10. WITHDRAWAL

The Buyer has the right to withdraw their order, with the exceptions listed below, without giving any reason within 14 days, In accordance with the Law of 21 December 2013 on Market Practices and Consumer Protection (Article VI.47 of the Code of Economic Law).

The withdrawal period shall expire 14 days after the day the Buyer herself/himself or a third party other than the carrier and indicated by the Buyer, takes physical possession of the product(s), or the final product (if this is an order for multiple products and whether such products are delivered separately).

To exercise their right of withdrawal, the Buyer shall notify Selfpharma about their decision of withdrawal of this order through an unequivocal statement by sending a registered letter with acknowledgment of receipt to Selfpharma SPRL, Place Bara 2, 1070 Brussels or by email, 

The Buyer may use the model withdrawal form available here, but this is not mandatory.

In order to comply with the withdrawal period, the Buyer just has to transmit their letter or email about the exercise of their right of withdrawal before the expiration of the withdrawal period.

Withdrawal effects

In case the Buyer decides to withdraw their order, we will refund all payments received from them, except for shipping and additional costs resulting from the fact that the Buyer has chosen, if applicable, a type of delivery other than the least expensive standard delivery method proposed by us, as follows.

The Buyer shall however bear the direct cost of returning the product(s).

If the Buyer cancels part of their order, we will refund all payments received from them for the articles in question, excluding shipping and payment costs.

We will refund the Buyer using the same means of payment that they chose for the initial transaction, unless they expressly designate a different medium; in any event, such reimbursement will not result in costs to the Buyer.

We may withhold reimbursement until we have received the goods or the Buyer has provided evidence of shipment of the goods, whichever is the earliest.

The Buyer must return the product(s) in its/their original packaging if possible, in their collection point or by post to Selfpharma SPRL (Place Bara 2, 1070 Brussels) without undue delay and, in any case, within 14 days after you have communicated us your decision to withdraw of all or part of your order. This deadline is met if the Buyer returns the product(s) before the expiry of the 14-day withdrawal period. The Buyer should request a proof of return (a label with a number) from their collection point or the post office, and carefully preserve it.

Since the Buyer is supposed to handle and inspect the product(s) with all the necessary precaution during the withdrawal period, as it would be allowed in a physical store, they will be liable for the depreciation of this/these product(s) resulting from the handling operations other than those necessary to establish the nature, characteristics or proper functioning. We reserve therefore the right to claim damages from the Buyer particularly in case of return of damaged, soiled or used goods, products whose packaging is not genuine, incomplete products or whose manual or accessories are missing, or finally, products damaged through negligence or misuse.

Exceptions to right of withdrawal

In accordance with the current legislation of the Code of Economic Law (Art. VI.53 §4 and 5) and the Royal Decree of 21 January 2009 (Art.29 §6) giving instructions to pharmacists, the Buyer may not exercise the right of withdrawal on:

• The supply of products liable to deteriorate or to expire rapidly (eg baby milk) (Article VI.53 §4 of CEL);
• The supply of sealed products that cannot be returned for reasons related to the protection of health or hygiene and that have been unsealed by the Buyer after delivery (Art VI.53 §5 of CEL);
• The supply of medicines and medical devices except in case of defect or if the withdrawal decision is explicitly communicated before the sending (RD. 21/09/2009 Art.29 §6).

ARTICLE 11. CLAIMS

In case of complaint concerning the order or delivery, the Buyer must submit any claim preferably by email.

ARTICLE 12. LIABILITY

12.1 Selfpharma and its head pharmacist may in no way be held liable for damages of any kind, direct or indirect, arising from misuse or malfunction of the products marketed.

This also applies to any changes resulting from the action of product manufacturers.

12.2 Selfpharma will be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event of force majeure, including the presence of computer virus, interruption of service or major fact in accordance with jurisprudence.

12.3 Photographs of products visible on the website are provided for illustrative purposes only. In no case, a change in the container or the contents of a product can be invoked in case of discrepancy with respect to the photographic representation available on the website.

ARTICLE 13. WARRANTY

13.1 The pharmacy Selfpharma SPRL can in no way be held responsible for non-compliance with regulations and laws in force in the receiving country. However, pharmacy Selfpharma SPRL is held responsible for the product's value, determined at the date of sale.

13.2 For all items purchased from Selfpharma, the legal warranty applies. Legal warranty means that a product is or should be what the consumer can reasonably expect from it. Some products also have a manufacturer’s warranty. This warranty does not detract from the legal warranty. The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. When the Customer acts as a legal guarantee of compliance, the Customer:

• has a period of two years from the delivery of the Product to act;
• may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article 1649quinquies of the Belgian Civil Code;

13.3 The User may contact our customer service:

• either from the website Selfpharma.com via the contact form (envelope at the bottom-right side);
• or by phone from Monday to Friday (9AM to 18PM) at the following number: +32 (0) 2 520 66 55;
• or via email.

13.4 Selfpharma is recognized by the Federal Agency for Medicines and Health Products (FAMHP) and is a member of the BeCommerce quality label. As a member, Selfpharma adheres to the Becommerce Code of Conduct which aims to establish the basic principles to be observed in order to provide the consumer with the necessary guarantees laying down the indispensable relationship of trust between sellers and buyers in the field of distance selling and the corresponding direct marketing.

Consult or obtain a copy of the Code of Conduct for the Becommerce quality label here.

ARTICLE 14. PERSONAL DATA

The personal data collected on the website Selfpharma.com or the mobile app Selfpharma are managed, stored and protected by the pharmacy Selfpharma SPRL.

Pharmacy Selfpharma SPRL undertakes not to disclose any of your personal information to a third party.

The pharmacy Selfpharma SPRL respects the Law of 11th December 1992, amended by the Law of 11th December 1998, which aims to protect citizens against misuse of their personal data.

ARTICLE 15. INTELLECTUAL PROPERTY

The information, logos, designs, trademarks, slogans, text, layouts, and other elements that are presented on the website and all elements of the mobile app Selfpharma are protected by Copyright Law and in general by the principles of Intellectual Property Law.

It is the same with the constituent elements of the website or mobile application of Selfpharma.

It is prohibited to copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to discover the source code, sell, assign, sublicense or transfer in any manner whatsoever any right pertaining to this service .

Selfpharma SPRL do not give in any way and in any case the permission to use his intellectual property or that of third parties.

ARTICLE 16. COMPETENT JURISDICTION

The breach of these Terms and Conditions of Sale is subject to Belgian law and the Belgian courts.

In case of disputes or difficulties in implementing the present contract, the Buyer and Selfpharma SPRL reserve the option, before any legal action to seek an amicable solution.

If necessary, in the case of a persistent dispute, you will find a mediation agency on the Online Dispute Resolution (ODR) platform: http://ec.europa.eu/odr. It offers assistance to consumers in order to resolve disputes. You can only use this system for online shopping complaints.

In case of legal action, only the Brussels courts have jurisdiction.

Download here the Terms and Conditions of Sale in PDF format

ARTICLE 17. PIRACY

We  only offers products that we  buy from original manufacturers and their wholesalers. In case of doubt about the authenticity of the products, the consumer can find more information and advice on the website https://www.eccbelgium.be. In case of suspected counterfeiting, the consumer can always file a complaint via report

ARTICLE 18. HANDLING COMPLAINTS

In the event of out-of-court dispute settlement, the federal authority's Consumer Mediation Service is competent to receive any request for out-of-court settlement of a consumer dispute. It will in turn either handle the request itself, or refer it to a qualified entity. You can contact the Consumer Mediation Service via this link: https://mediationconsommateur.be/en.

If the dispute is of a cross-border nature, you can also contact the European Union's online dispute resolution platform via this link: https://ec.europa.eu/odr.