If you are part of a government or medical institution, you can contact our Large Account department to benefit from special payment conditions.
First, always contact your dedicated sales representative or directly by email email@example.com
Return your defective item to us and we will replace it for you
You have a right of withdrawal which allows you (with some exceptions) to withdraw from a distance sales contract, without having to justify your decision. You have 14 days to retract from the day on which you (or a third party other than the carrier and designated by you) take physical possession of the goods.
Remarks : In the case of multiple products ordered in a single order and delivered separately, the withdrawal period begins on the day on which you (or a third party other than the carrier and designated by you) take physical possession of the last good. In the case of the delivery of a good made up of lots or multiple pieces, the withdrawal period begins on the day on which you (or a third party other than the carrier and designated by you) take physical possession of the last lot or of the last piece.
The right of withdrawal does not apply for: - Products made to customer specifications or clearly personalized - sealed products that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the customer after delivery. An item has been damaged during transport. We take care of the return of the product for 14 days (see GTC). I am missing articles.
Despite the care taken in preparing your order, an error is always possible. If any of the items in your order are missing: - Check that you have not left the item (if it is a small product) in the shipping carton. - Check that you have received all the packages in your order. In case of doubt or question, do not hesitate to contact our customer service by email firstname.lastname@example.org or by using the contact form on our site.
As an indication, for products available in stock, we deliver within an average of 3 working days throughout BeNeLux and 5 working days in other countries of the European Union. In case of unavailability of the product in our premises, the delivery time will be longer. The known date will be confirmed at the time of ordering. Our packages are delivered by DHL. A delay in delivery cannot give rise to any deduction, penalty, compensation or compensation.
You have a problem with one of our products, you can return it to us under certain conditions. Contact our customer service or call your sales representative.
If you need help with a technical question, you can reach us by phone, email or contact your sales representative.
Article 1. DEFINITIONS
The following definitions apply in these general conditions of sale and delivery:
- OPTIMA PHARMA: SPRL OPTIMA PHARMA with registered office at Avenue Geroges Lecointe, 50 at 1180 Brussels (BELGIUM), company number BE 0543.778.33
- CUSTOMER: any party that concludes or has entered into a Contract with OPTIMA PHARMA, as well as any party to whom OPTIMA PHARMA delivers or has delivered products and / or services
- CONTRACT: any contract and / or legal act between OPTIMA PHARMA and the Customer relating to the purchase of products and / or services by the Customer from OPTIMA PHARMA, as well as all other missions entrusted by the Customer to OPTIMA PHARMA
Article 2. FIELDS OF APPLICATION
These General Conditions of Sale apply to any delivery of equipment by OPTIMA PHARMA to the Customer and, more generally, to any estimate, purchase order, invoice or contract concluded between OPTIMA PHARMA the Customer.
In the event of differences between these General Conditions of Sale and other terms, such differences may only apply if they have been accepted by OPTIMA PHARMA expressly and in writing.
All other general or special conditions applied by the Customer are expressly excluded.
Article 3. OFFER AND CONCLUSION OF THE CONTRACT
Offers and price proposals are understood to be without engagement by OPTIMA PHARMA and may be canceled or modified at any time.
The contract is not perfect between OPTIMA PHARMA and the Customer until the order is confirmed, signed by an authorized representative of OPTIMA PHARMA, the signing of a written agreement or the delivery and invoicing of the products.
Any cancellation of an order must be in writing and is only valid with the written acceptance of OPTIMA PHARMA.
The Customer may not assign the rights and obligations arising from an order confirmation to third parties without the prior written consent of OPTIMA PHARMA.
Article 4. PRICE AND PAYMENT
Unless expressly agreed in writing to the contrary, the agreed prices are exclusive of VAT.
VAT and all other possible taxes, duties, fees or other payments imposed by the public authorities in connection with the execution of the order / purchase are always the responsibility of the Customer.
Unless expressly agreed in writing to the contrary, the prices are invoiced to the Customer according to the most recent price offers at the time of the formation of the Contract.
OPTIMA PHARMA's invoices are payable in accordance with what is stated on the order form.
Invoices must be protested within eight (8) days of receipt. Protesting an invoice does not, however, suspend the Customer's obligation to pay.
In the event of total or partial non-payment of an invoice when it is due, the Customer is liable for late payment interest per month from the following day, automatically and without prior notice.
The late interest rate taken into account is calculated on the basis of the law of August 2, 2002 on the fight against late payment in commercial transactions.
In addition, the Customer in arrears of payment of an invoice is liable, as of right and without prior notice, to a lump sum compensation corresponding to 10% of the amount of the overdue invoice, with a minimum of 200.00 €.
The right of OPTIMA PHARMA to claim higher compensation remains unaffected in all respects and is subject to proof of greater damage actually suffered.
Article 5. DELIVERY AND TRANSFER OF OWNERSHIP
Delivery times are communicated by OPTIMA PHARMA for information only and are therefore not binding on OPTIMA PHARMA. Any exceeding of these deadlines may in no case give rise to the termination of the contract, or to any other form of compensation.
Unless expressly provided otherwise, delivery is made to the delivery address agreed between the parties.
The Products remain the property of OPTIMA PHARMA until full and effective payment of the price by the Customer. In the event of a resale of the Products by the Customer to a third party, the Customer's debt obligation against the third party will be transferred to OPTIMA PHARMA until full and effective payment of the Price by the Customer.
The Customer undertakes to immediately notify OPTIMA PHARMA in writing in the event of seizure or other procedures concerning the Products sold.
Article 6. CLAIMS
The Customer is required to check the conformity of the content and the quality of the packages with what was previously agreed upon when receiving his order.
Under penalty of nullity, a complaint must be notified in writing within the following deadlines:
- a) In the event that a complaint relates to a delivery that does not comply with the order form (for example: the Product or the quantity ordered do not correspond) within two (2) working days from the date of date of delivery of the Products, namely the provision of the Products to the Customer
- b) In the event of a complaint relating to a hidden defect defined within five (5) working days from the date of discovery of the defect by the Customer or from the date on which the Customer was reasonably able determine the defect.
In the event of non-compliance with the time limit for complaints, the Customer is deemed to agree to the delivery and waive any recourse against OPTIMA PHARMA for defects affecting the products delivered.
Filing a complaint does not release the Customer from their payment obligations.
When OPTIMA PHARMA considers a complaint to be justified, it is only bound, at its sole discretion, either to deliver the missing products, or to repair or replace the defective products by returning the products concerned.
The Customer can only return defective products when OPTIMA PHARMA consents in writing and the defective products are still in their original condition and packaging.
The Customer is no longer entitled to make a complaint regarding the inaccurate number of products delivered after having signed the receipt for the products delivered.
Article 7. GUARANTEE OF HIDDEN DEFECTS
OPTIMA PHARMA does not provide any guarantee other than the guarantee covering hidden defects in the products sold.
The burden of proof of the existence of a hidden defect rests with the Customer.
a) Defects in the Products caused by improper use or handling during delivery or storage, or as a result of use not in accordance with (i) any applicable law and regulation, (ii) the instructions and / or the packaging of the Products, regardless of the person who has not respected these instructions (whether it is the Customer or a third party)
Defects absent at the time of delivery and / or resulting from normal wear or aging of the Products, or resulting from damage or accidents caused by negligence, abuse, clumsiness or lack of maintenance of the Products .
Article 8. FORCE MAJEURE
In the event of force majeure on the part of OPTIMA PHARMA, the execution of the Contract is suspended in whole or in part for as long as the case of force majeure continues, without OPTIMA PHARMA being liable for any compensation to the Customer.
When the case of force majeure lasts for more than six (6) months, the Customer may terminate the Contract with immediate effect, without legal intervention or compensation, by registered mail.
Force majeure should be understood to mean any circumstance beyond the control of OPTIMA PHARMA, foreseeable or not, temporarily hindering or not the performance of the Contract.
The following relate in particular to force majeure:
- a) The circumstances having a link with the people and / or materials usually employed for the execution of the Contract or being such as to hinder the execution of the Contract or making it so difficult and / or unreasonably onerous that the parties can no longer expect immediate performance of the Contract
- b) Illness of staff, as well as interruptions and stoppage of production; vice.
- c) The strike;
- d) Import or export restrictions and public measures
- e) Non-compliance by third parties with a contract, making it impossible to perform the parties' own contractual services
- f) Fire, floods and water damage;
- g) War, revolt and the circumstances of pandemics.
Article 9. LANGUAGE
When these General Conditions of Sale must be translated into a language other than French and a contradiction arises between the different versions of these General Conditions of Sale, the French version will take precedence over the other versions.
Article 10. NULLITY OF ONE OR MORE PROVISIONS
The invalidity of one of the provisions of the Contract and / or these general conditions of sale and delivery has no effect on the validity of the other provisions of the Contract and / or these general conditions of sale and delivery.
The null or unenforceable provision is deemed to be automatically replaced by a valid and applicable provision which comes as close as possible to the object and scope of the original provision.
Article 11. APPLICABLE LAW AND COMPETENT COURTS
The legal relations between OPTIMA PHARMA and the Customer are exclusively governed by Belgian law and the application of the Vienna Convention of April 11, 1980 on the international sale of goods is expressly excluded.
All disputes between OPTIMA PHARMA and the Client fall under the exclusive jurisdiction of the French-speaking courts of the judicial district of Brussels.