Terms and Conditions | Dailipharma

These terms and conditions apply to every sale of a product by Dailipharma (Sterq BV). As these provisions are specific and essential to the seller, they take precedence over all other terms and conditions.

Article 1 – TERMS AND DEFINITIONS

Consumer: any Customer who is a natural person and purchases a Product solely for non-professional purposes.

Customer: any natural person or legal entity who purchases a Product via the Website or a Dailipharma employee for non-commercial purposes and non-professional activities, with the exception of purchases for employees, subscription customers, etc.

Business: any Customer who is not a Consumer.

Agreement: the contractual relationship between the Parties, as defined in Article 2.a.

Parties: the Seller and the Customer together.

Product: the item you have purchased, regardless of whether it consists of one or more items.

Intended use of the product: The Customer shall use the product solely for personal use, and not to sell it in new condition or to rent it out for commercial purposes, unless otherwise specified in a written agreement to the contrary as set out in Article 20.

Seller: Sterq BV, with its registered office at President Kennedypark 9d, Belgium, and registered in the Crossroads Bank for Enterprises under number 0755.861.612

Website: The website on which you purchased the Product.

Article 2 – DAILIPHARMA (STERQ BV)

Dailipharma (Sterq bv), a private limited company incorporated under Belgian law with its registered office in Kortrijk, Belgium, registered in the Register of Legal Entities of the Crossroads Bank for Enterprises under company number 0755.861.612

 

Article 3 – APPLICABILITY

1. These General Terms and Conditions apply to every Offer and Agreement and the performance thereof between Dailipharma and the Customer. They also cover all acts relating to the Agreement, whether of a preparatory or executory nature, such as dispatch. The General Terms and Conditions constitute the Agreement between Dailipharma and the Customer.
2. The General Terms and Conditions can be found on the Website and will be made available to the Customer before or upon conclusion of the Agreement (provided this is done electronically). 
3. The Customer’s general terms and conditions, or other terms and conditions of third parties, do not apply.
4. If specific Product Terms and Conditions are also in force, the provisions of the preceding paragraphs shall also apply. In the event of any conflict, the Customer may rely on the most favourable provision.
5. Dailipharma is entitled to amend these General Terms and Conditions unilaterally. Amendments will be published on the Dailipharma website.
6. In exceptional circumstances, Dailipharma may deviate from these General Terms and Conditions if this is expressly stated in writing and agreed by both parties.
7. These General Terms and Conditions apply to any supplementary or amended agreements with the Customer.
8. If one or more provisions of these General Terms and Conditions are wholly or partially invalid, the remaining provisions shall remain in force and the invalid provisions shall be replaced by a provision with the same effect as the original provision.

 

Article 4 – FORMATION OF THE AGREEMENT; OFFER AND ACCEPTANCE

Offer

1. The Offer is displayed on the Website and includes, at a minimum, a photograph, price, dimensions, ingredients and a description of the Product. The Customer must be able to assess the Product properly and is made aware of their rights and obligations associated with the purchase of the Product.
2. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer.
3. Dailipharma presents the Products as accurately as possible in photographs and in the text on the website. With regard to photographs, due to lighting, technical settings and depending on the Customer’s device, the colours of the Products on the Website may differ from the colour of the actual Products. Information in the Offer is for guidance only and cannot form the basis for any compensation.
4. Dailipharma is entitled to amend the content of the Offer at any time.
5. Dailipharma is entitled to introduce discounts.
6. The Offers are valid only whilst stocks last or for a limited quantity.
7. Dailipharma cannot be held to its Offers if the Customer should reasonably have understood that the Offer, or any part thereof, contains an obvious error or typographical mistake.

Acceptance

1. The Agreement between Dailipharma and the Customer is concluded at the moment the Customer accepts Dailipharma’s offer and complies with the conditions set by Dailipharma in connection therewith. This is the moment when the Customer, after entering all their details on the Website, clicks the “place order” button, or the moment when the Customer has confirmed their order in writing or directly at a trade fair or event.
2. Immediately after placing the order and making the payment, the Customer will receive confirmation of acceptance of Dailipharma’s offer by email, the confirmation of receipt.

Amendment

1. If, during or after the conclusion of the Agreement, it transpires that the Product is not (or is no longer) in stock, Dailipharma shall immediately notify the Customer in writing by email.
2. If the situation referred to in paragraph 8 arises, the Customer is entitled to:
   1. Terminate the Agreement. Any payment already made will be refunded within 14 (fourteen) days using the same method by which the Customer paid;
   2. Suspend delivery of the Product until the Product is back in stock. The Agreement

Miscellaneous

1. The Customer is not entitled to transfer its rights and/or obligations under the Agreement to third parties unless Dailipharma has given its prior written consent.
2. Within the legal framework, Dailipharma is entitled to investigate whether the Customer is able to meet their payment obligations. If this investigation reveals that this is not the case, Dailipharma may refuse the order placed or impose additional conditions on the performance of the Agreement.

Article 5 – PRODUCTS

Dailipharma endeavours to ensure that the Products comply with the Agreement, the specifications set out in the Offer, reasonable standards of quality and/or fitness for purpose, and the laws and regulations in force on the date the Agreement is concluded.
Any (additional) warranty provided by Dailipharma, its suppliers, manufacturers or importers shall in no way limit the statutory rights and claims to which the Customer is entitled under the Agreement should Dailipharma fail to fulfil its obligations under the Agreement.
An additional warranty is understood to mean any undertaking by Dailipharma, its suppliers, importers or manufacturers whereby they grant the Customer certain rights or claims that go beyond what they are legally obliged to provide in the event of a failure to fulfil the Agreement.

Article 6 – DELIVERY & PRE-SALE

Delivery

1. Delivery shall only take place once all invoices or amounts due have been settled, unless otherwise agreed in writing with the Customer.
2. Delivery of the Products shall take place within the delivery period stated on the Website, using the delivery service provided by Dailipharma and subject to the terms and rates associated with that service.
3. Longer delivery times apply to deliveries outside Belgium.
4. Dailipharma reserves the right to postpone delivery if insufficient information has been provided by the Customer, or in the event of a lack of  cooperation, or if no payment has been received, or as a result of circumstances beyond Dailipharma’s control.
5. The place of delivery is the address provided by the Customer to Dailipharma via the Website. Please refer to Article 8(2) of these terms and conditions.
6. Dailipharma is entitled to:
   1. Engage third parties in the fulfilment of its obligations under the Agreement. In doing so, due care will be exercised. Dailipharma is not liable for any shortcomings on the part of these third parties;
   2. Deliver the order in instalments, where applicable.
7. Dailipharma endeavours to deliver the products within the delivery period stated on the Website. However, the stated delivery period for the Products is indicative and can never be interpreted as a strict deadline. The Customer has no right to terminate the Agreement or claim compensation in the event of a mere delay in delivery. Dailipharma may, in consultation with the Customer, determine or notify the delivery date, and the Customer shall allow Dailipharma a reasonable period of time to deliver the Products.
8. Dailipharma shall provide the following information to the Customer in writing no later than upon conclusion of the Agreement: the price of the Product and any additional delivery charges, method of payment, Dailipharma’s contact details and complaints procedure, any right of withdrawal and the necessary information and, where applicable, return instructions.
9. Once Dailipharma has handed over the Products to the delivery service or the Customer, the risk of damage to and/or loss of the Products passes to the Customer, thereby releasing Dailipharma from any liability.
10. If the Customer refuses to accept the Product upon delivery by or on behalf of Dailipharma, Dailipharma is entitled to store the Product at the Customer’s expense and risk.

Place of Delivery

1. 
   Dailipharma currently delivers only to the following countries: Belgium and its neighbouring countries (France, the Netherlands, Luxembourg, Germany)
2. Deliveries are made to the address provided by the Customer when the Agreement was concluded. In the case of a home delivery, if the Customer is absent at the time of delivery, they will be notified of the carrier’s visit by email and/or telephone. Either a second delivery attempt will be made, or the Customer will be asked to contact the carrier within the time specified in the email message. If the Customer fails to contact the carrier, or does not do so in time, resulting in the Product being returned to the Seller, the latter is entitled to charge you for the transport costs incurred. The Customer may not claim any compensation for such a failure to deliver.
3. By accepting these General Terms and Conditions, the Customer agrees that the delivery of the order may be accepted by third parties.accepted, but solely at his/her own risk.
4. If the Product cannot be delivered to the address provided by the Customer, the Seller reserves the right to terminate the contract by operation of law, without prejudice to its other rights. The Customer will be notified of the termination by the Seller. In any event, any unnecessary transport costs shall be borne by the Customer.

Pre-sale

1. Dailipharma may offer and sell its Products as “pre-sales”. In a pre-sale, the Customer agrees to purchase and pay for the Product in advance, but that delivery will take place at a later date. The Customer thereby secures the right to acquire and receive the Product. Payment is made immediately upon conclusion of the Agreement, just as with a standard purchase as referred to in Article 4 of these terms and conditions. However, the time of delivery differs. The expected time of delivery and any deviating delivery conditions will be communicated to the Customer in the order confirmation. The Customer will also be informed of the exact delivery date prior to delivery. The withdrawal period commences upon receipt of the Product by the Customer.

Article 7 – PRICE AND PAYMENT

1. The Agreement is concluded on the basis of a fixed and binding price, stated in euros.
2. Unless expressly stated otherwise in writing, all prices and rates include VAT and exclude delivery costs (unless expressly stated otherwise) special or additional import duties, customs clearance charges and other taxes imposed by the government.
3. Dailipharma is entitled to adjust prices and rates for promotional purposes, such as sales. The Customer may not combine promotions; only one promotion per Product is permitted. A price change after the conclusion of the
4. Agreement does not entitle either party to compensation.
   Stated prices and other terms and conditions relate solely to that specific Product and therefore do not automatically apply to a new Offer.
5. Shipping costs depend on the country to which the shipment is to be made. At the Customer’s request, these costs will be calculated and stated prior to payment.
   Any export or import duties are payable by the Customer.
6. Costs charged by third parties are not included in Dailipharma’s prices and services.
7. Value added tax (VAT) does not apply to sales to Customers outside the European Union (EU). The Customer must pay the relevant national import duties.
8. Payment must be made net to Dailipharma’s bank account, without any discount, deduction or set-off, and in accordance with the payment methods stated on the Website. It is not possible to pay retrospectively. As soon as the Customer has clicked on “place order” and provided their bank details, the Customer will be redirected to the banking environment where the payment takes place.
9. Incoming payments shall be applied first to cover (extra)judicial costs and interest, and subsequently to settle the oldest outstanding payment obligations, irrespective of any other instructions from the Client.

Article 8 – LIABILITY

1. Dailipharma shall endeavour to perform the Agreement to the best of its knowledge, ability and belief. This shall constitute a best-efforts obligation and shall not entail any obligation to perform or any warranty. In the event of an attributable breach, Dailipharma shall only be liable for direct and indirect damage, including but not limited to the Customer’s replacement or processing costs, arising from or in connection with the Agreement, if such damage results from
2. Dailipharma’s wilful misconduct, gross negligence or recklessness.
   Dailipharma shall not be liable for damage caused by incorrect, overdue or incomplete information sent by the Customer (online/offline).
3. Dailipharma’s liability shall in no event exceed compensation of up to the invoice value agreed between the parties for the products supplied by Dailipharma to the Customer. The extent to which the shortcoming can be attributed to Dailipharma shall determine the amount of compensation. Minor deviations shall not give rise to compensation. Dailipharma shall never cover more than the amount of the loss reimbursed and paid out by its insurer under the public liability insurance.
   

4. Direct or indirect damage as a result of entering into, maintaining and/or handling transactions and agreements between the Customer and its (third-party) contractual partners shall never fall under the responsibility of Dailipharma. Damage must be reported to Dailipharma in writing immediately after it arises.

5. Any claim against Dailipharma shall lapse by the mere passage of 12 months after the claim has arisen.

6. The provisions of this article shall not apply if the damage is caused by intent, gross negligence or recklessness of the Customer.

7. The Customer indemnifies Dailipharma against any claims from third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Customer.

8. Dailipharma shall not be liable for improper use of the Product by the Customer and the consequences thereof.

9. At all times, Dailipharma and the Customer shall make every effort to reach a solution in consultation.

Article 9 – FORCE MAJEURE

If Dailipharma is prevented, due to force majeure of a permanent or temporary nature, from (further) performing its obligations under the Agreement, regardless of whether the force majeure was foreseeable, Dailipharma and the Customer shall not be obliged to fulfill any obligation under the Agreement in a timely manner. Without any obligation to pay compensation and without judicial intervention, Dailipharma shall be entitled to dissolve the Agreement in whole or in part in writing. Dailipharma shall remain entitled to payment for performances already rendered and to (partial) suspension of the (further) execution of the Agreement.

Force majeure shall also include: a non-attributable failure of one of the parties as well as of third parties or suppliers engaged by Dailipharma, pandemic, epidemic, government measures in force, illness of Dailipharma, temporary unavailability or insufficient availability of equipment or other telecommunication connections necessary for the delivery of the Products, riots, war, as well as any other situation over which Dailipharma and the Customer have no decisive control.

Force majeure shall also include:

• the situation in which the suppliers on whom Dailipharma depends to perform the Agreement (in time) do not deliver (in time) or otherwise fail to fulfill their contractual obligations towards Dailipharma;
• delay, seizure or destruction by customs.

The parties shall inform each other in writing as soon as possible of a situation of force majeure. If possible, the parties shall always try to find a solution in consultation.

If a force majeure situation lasts longer than 14 days, both Dailipharma and the Customer shall have the right to suspend or terminate the Agreement, whereby the costs incurred by the Customer shall be refunded.

Damage suffered as a result of force majeure shall not be borne by Dailipharma.

Article 10 – INSPECTION AND COMPLAINT OBLIGATION

The Customer must inspect the Products as soon as possible after receipt and assess whether they meet the quality and quantity customary in normal commercial practice. This means that the Customer must check whether the delivered Products possess all the properties they should have and whether they are complete and undamaged. The Customer has 14 days to verify whether the quality and quantity of what has been delivered correspond to the Agreement and whether the Products meet the requirements that apply in normal (commercial) practice.

The Product cannot be returned if the packaging has been opened. This includes opening the ampoule, blister, jar, etc. Only the packaging material (i.e. the box) may be opened.

Complaints must be submitted in writing to Dailipharma within 2 days after the defect has arisen. They must be clearly described and, if necessary, supported with photos and sent by email to hello@dailipharma.com.

If a complaint is made in time, in accordance with the previous paragraph, the Customer remains obliged to pay for the purchased goods.

Dailipharma strives to respond to complaints in writing and with reasons within 14 (fourteen) days after receipt. If Dailipharma expects that a response will take longer, it shall inform the Customer as soon as possible.

In any case, the Customer gives Dailipharma 12 (twelve) weeks to resolve a complaint in mutual consultation. After this period, the complaint shall be subject to dispute resolution.

Dailipharma is entitled to investigate the authenticity of the complaint.

If a complaint is declared well-founded, the Customer is entitled to repair, replacement (redelivery) or cancellation of the redelivery. Minor deviations, deviations customary in the industry and characteristics inherent to the Product, such as quality, quantity, size, color or finish, cannot be attributed to Dailipharma.

Refunds to the Customer shall be processed as soon as possible, but payment shall take place within 15 days after receipt of the returned goods. Refunds shall be made to the previously provided account number.

If the Customer exercises the right of withdrawal, the Customer shall return the Product to Dailipharma, as far as reasonably possible, in its original condition and packaging, in accordance with Dailipharma’s return instructions.

A complaint shall in no case justify suspension of a due obligation. In the case of an order with multiple Products, a complaint regarding one of those Products does not affect the obligations under the Agreement regarding the other Products.

Article 11 – INTELLECTUAL PROPERTY

Copyrights or any other (intellectual) property rights on the format and content of the Website, the Dailipharma Logo, concepts, creations, works, proposals, expressions on the internet, emails, techniques, other documents and information or any other expressions of, on behalf of or by Dailipharma shall belong to Dailipharma.

The copyrights or any other intellectual property rights on the Products delivered to the Customer under the Agreement shall belong to Dailipharma and/or its licensors and other third parties.

The intellectual property rights, copyrights and (sub)licenses mentioned in paragraphs 1 and 2 cannot be transferred by agreement, unless otherwise agreed in writing.

Without prior written consent from Dailipharma, it is not permitted to edit, reproduce or disclose, in whole or in part, any concept, material or information provided by Dailipharma to the Client, or to make it available to third parties in any way, whether or not for compensation. It is not permitted to remove or alter any indication regarding rights from information provided by Dailipharma.

Any use of a Work that has not been agreed upon shall be considered an infringement of Dailipharma’s copyright. Violation of copyright or any other intellectual property right as described in the preceding provisions by the Customer or a third party acting directly or indirectly in the execution of the Agreement shall immediately result in the payment of a penalty of at least EUR 1,000.00 to Dailipharma. The Customer shall also compensate Dailipharma for the actual damage suffered.

The Customer indemnifies and protects Dailipharma against all claims that third parties may assert under the law, in or out of court, in connection with the provisions of this article. The Customer also indemnifies Dailipharma for all damage suffered or to be suffered in this respect in any form whatsoever.

The Customer grants Dailipharma permission to use the work for promotional purposes such as, but not limited to, portfolio, blog or social media. The Customer may object in writing prior to publication.

Dailipharma may grant permission to distribute its Work when:

• Dailipharma’s name is clearly stated with the use of the Work or is included in the publication with reference to the work.

Article 12 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal offers the Customer the possibility to withdraw from the Agreement within the reflection period. This right is free of charge, excluding shipping costs, and without stating reasons, subject to legal exceptions. One of these exceptions concerns health protection and hygiene. Products that cannot be returned after opening due to hygienic or health risks may be excluded from withdrawal.

Dailipharma’s Products are by their nature not suitable to be returned for reasons of health protection and hygiene. For that reason, it is unfortunately not possible for Customers to return Products by invoking the right of withdrawal.

Dailipharma nevertheless offers the Customer the possibility to return the Products within 14 calendar days. This period starts at the moment of receipt by the Customer or on behalf of the Customer. To validly exercise the right of withdrawal, the Customer must inform the Seller by registered mail or email (hello@dailipharma.com) that they renounce the purchase.

Dailipharma will refund the full purchase amount, excluding shipping costs, when the purchased Products are returned unopened and in new condition to Dailipharma’s warehouse.

Upon proper exercise of this right of withdrawal, the Seller shall refund the purchase amount of the returned goods to the Customer within 30 days after receipt of the withdrawal and return of the Product, using the same payment method as the initial payment method of the Customer.

Article 13 – PRIVACY AND COOKIES

Dailipharma processes personal data obtained in the context of the performance of the Agreement strictly confidentially and in accordance with applicable laws and regulations, in particular the GDPR as set out in Dailipharma’s Privacy and Cookie Policy. The Customer declares to have taken note of this policy and agrees to it.

Dailipharma uses high-quality security techniques and encryption of personal data. In the event of adverse interventions beyond Dailipharma’s control, reference is made to Article 9 of these General Terms and Conditions.

Dailipharma accepts no liability for any damage caused by actions of the Customer in violation of this article.

Article 14 – WEBSITE

Dailipharma is at all times entitled to modify the Website in terms of content, layout and other necessities, at its own discretion.

Dailipharma strives to ensure that the Website functions properly and is permanently accessible to the Customer at all times. Dailipharma cannot guarantee that the Website will function at all times without limitations or interruptions, partly due to necessary maintenance and dependence on internet and technologies. In such cases, the Customer may always contact Dailipharma via hello@dailipharma.com.

Dailipharma accepts no liability or responsibility whatsoever for any damage resulting from or related to the use of the Website and its content. Direct and indirect damage resulting from programming by third parties, viruses and hackers that may lead to modification, destruction, distortion, disabling or rendering unusable of software, hardware and/or data of the Customer, Visitor or third parties shall never fall under the responsibility of Dailipharma.

Article 15 – NULLITY

The possible nullity of one of the provisions of these General Terms and Conditions shall in no way result in the nullity of the other provisions, which shall therefore remain fully applicable.

Article 16 – APPLICABLE LAW

The Agreement shall be governed exclusively by Belgian law, unless otherwise agreed in writing by the parties in advance.

Disputes between Dailipharma and the Customer that cannot be settled amicably shall be submitted to the competent court in Kortrijk, Belgium.

The Belgian courts shall have exclusive jurisdiction. The Justice of the Peace of the canton of Kortrijk, the Court of First Instance of West Flanders, division Kortrijk, and if you are an Enterprise, the Commercial Court of Ghent, division Kortrijk, shall have territorial jurisdiction to take cognizance of all possible disputes between the Parties, without prejudice to mandatory statutory provisions to the contrary. In deviation from the aforementioned jurisdiction, the Seller may, at its sole discretion, also decide to summon before one of the courts competent pursuant to Article 624 of the Belgian Judicial Code.