General terms and conditions Morningstar Pharma
Before using Morningstar Pharma, please make sure you have read the general terms and conditions. If you wish to use the products/services of Morningstar Pharma (internet, mobile or other platforms via Morningstar Pharma, and other related URLs offered by Morningstar Pharma) you must accept the general terms and conditions. You are bound to the general terms and conditions and all other requirements that apply to Morningstar Pharma.
Article 1: Definitions
Article 2: Identity of the supplier
Article 3: Applicability
Article 4: The offer
Article 5: The agreement
Article 6: Right of revocation
Article 7: Costs in case of revocation
Article 8: Exclusion of the right of revocation
Article 9: Costs
Article 10: Conformity and warranty
Article 11: Delivery and execution
Article 12: Payment
Artikel 13: Complaints
Article 14: Disputes
Article 15: Additional or deviating conditions
Article 1. Definitions
- Reflection period: the period of time a customer has to use his or her right of revocation.
- Customer: the person who enters the agreement with the supplier.
- Supplier: the company/employer/entity who offers services/products to customers.
- Day: Calendar day.
- Durable medium: every medium that enables the customer or supplier to store information in a way that enables easy access for future reference.
- Long distance agreement: agreement where the supplier uses a special system to sell products and/or services,
- Technique for long distance communication: the medium used by the supplier and the customer to conclude the agreement without the need to be present in the same room.
- Right of revocation: indicates the period of time the customer has to terminate the agreement.
Article 2. Identity of the supplier
Klemans Groep B.V.
Morningstar Pharma is part of Klemans Groep B.V.
1671 GE Medemblik
Chamber of Commerce number: 37088981
VAT number: 808.677.561 BO1
You can contact Morningstar Pharma customer support on working days between 9.00 – 17.00.
Article 3. Applicability
- These general terms and conditions apply to all offers made by the supplier and to every long distance agreement between supplier and customer.
- Before entering into a long distance agreement the general terms and conditions are made available to the customer. If this is not possible, the customer will have the opportunity to look at the general terms and conditions at the employer’s office prior to entering into the agreement. Also, the general terms and conditions can be sent to the customer at his request free of charge.
- If the supplier and customer enter into the long distance agreement via an electronic medium, the general terms and conditions can be supplied to the customer in a way that allows him to save these terms and conditions. If this is not possible, the general terms and conditions can be sent to the customer at his request free of charge before entering into the long distance agreement.
- In case of any specific conditions that apply, apart from those mentioned in the general terms and conditions, the second and third section of the agreement apply. If there are any conflicting terms and conditions the customer can appeal to the provision that is most relevant for the customer.
Article 4. The offer
- If an offer has a limited validity or is subject to specific conditions, this will be indicated specifically in the offer.
- The offer contains a complete and detailed description of the offered products and/or services. The description is detailed enough for the customer to make a good assessment of the products and/or services. If the supplier uses images these need to be a truthful representation of the offered products and/or services. The supplier is not bound by any mistakes or errors in the offer.
- Every offer contains information that is required in order for the customer to understand the rights and obligations that come with the acceptation of the offer. This particularly concerns:
- the price including VAT;
- possible costs for delivery;
- the manner in which the agreement will be established and the actions that are required;
- the manner of payment, delivery or execution of the agreement;
- the deadline for accepting the offer, or the deadline for commitment to the price (?);
- the height of the tariff for long-distance communication if the costs for the use of technology in order to communicate are calculated on different terms than the base tariff;
- how the customer can consult the agreement if the agreement has been filed after establishment;
- the manner in which the customer can be informed about changes in the agreement or the manner in which he or she can make alterations to the agreement prior to its establishment;
- the codes of conduct the supplier needs to take into account and the way in which the customer can check these codes of conduct via an electronic route; and
- the minimal length of the long-distance agreement in case of an agreement that aims to an ongoing or periodic delivery of products and/or services.
Article 5. The agreement
- The agreement will be established, subject to what has been stipulated in section 4, at the moment the customer accepts the offer and complies to the stipulated terms.
- If the customer has accepted the offer via the electronic route, the supplier will also confirm the reception of the agreement via the electronic route. As long as the reception of the agreement is not confirmed the customer has the right to terminate the agreement.
- If the agreement is established electronically, the supplier will take the necessary technical and organisational precautions to ensure a safe data transmission and a secure web environment. If the customer can pay electronically, the supplier will take into account the necessary safety precautions.
- The supplier has the right (within the boundaries of the law) to inform him or herself of the customers financial situation in order to make sure the customer will be able to fulfil his or her payment obligation, as well as the facts and determinants that are vital for a liable long-term agreement. If the supplier, based on his or her research, has a justified reason to refrain from entering an agreement, the supplier has the right to refuse the request or to lay down special terms and conditions.
- The supplier will send the customer the following information, either written down or in a way that is easily accessible for the customer, with each product or service:
- The visiting address of the establishment of the supplier where the customer may file his or her complaints;
- The information about the service after purchase and warrantees;
- The information verified in article 4 section 3 of these terms and conditions, unless the supplier has already passed this information to the customer prior to the execution of the agreement;
- The requirements for terminating the agreement if the duration of the agreement is over one year or if it has been concluded for an indefinite duration.
- If the supplier is obliged to delivering a series of products or services, the conditions of the previous section only apply to the first delivery.
Article 6. Right of revocation
- The customer has the opportunity to dissolve the agreement without stating reasons within 14 days. This reflection period will start the day after either the customer him- or herself or a representative of the customer has received the product.
- During the reflection period the customer will handle the product and its container with care. The customer will only unpack the product inasmuch as is necessary in order to judge whether he desires to keep the product. If he wishes to use his right of revocation, he will return the product and all its attachments – if reasonably possible – in its original packing to the supplier, in keeping with the instructions provided by the supplier.
- Products that are returned under the right of revocation need to be returned in their original state and in their original packing. Products that are returned to the supplier opened, used or in an incomplete state do not fall under the right of revocation.
Article 7. Costs in case of revocation
- If the customer uses his right of revocation, he may only be charged with the costs for sending back the product.
- If the customer has already paid a sum, the supplier will reimburse this sum within 30 days after return or revocation.
Article 8. Exclusion of the right of revocation
- The supplier has the right to exclude the customer from the right of revocation as far is provided for in section 2 and 3. The exclusion of the right of revocation only applies if the supplier has clearly mentioned this in the offer prior to both parties entering the agreement.
- Exclusion of the right of revocation is only possible for:
- products which were established by the supplier in agreement with the customer’s specifications;
- products which are of a personal nature;
- products which cannot be returned due to their nature;
- products which are perishable or that can wither;
- products whereof the price is linked to fluctuations on the financial market over which the supplier has no control;
- single newspapers and magazines;
- audio and video recordings and computer software that have been opened or used by the customer.
Article 9. Costs
- All through the period of validity the prices of the offered products and/or services will not be raised, except as a result of changes in VAT-tariffs.
- By way of derogation from the previous section the supplier may sell products and/or services that are subject to fluctuations on the financial market at variable prices. This subjugation to the fluctuations on the financial market and the fact that the prices are variable will be mentioned by the supplier in the offer.
- Price increases are allowed within 3 months after the establishment of the agreement and are only allowed if they are the result of lawful regulations or conditions.
- Price increases that occur after 3 months of the establishment of the agreement are only allowed if these have been stipulated by the supplier and:
- If these are the result of lawful regulations or conditions; or
- If the customer has the authority to terminate the agreement on the application day of the price increase.
- The prices mentioned are including VAT.
Article 10. Conformity and warranty
- The supplier ensures that the products and/or services meet the standards set in the agreement, the specifications mentioned in the offer, the general demands of reliability and/or usability and the legal conditions and/or government regulations that apply on the date of the agreement. If agreed upon, the supplier also warrants that the product can be used for purposes other than normal.
- A warranty supplied by the supplier, manufacturer or importer does not alter the legal rights and claims of the customer.
Article 11. Delivery and execution
- The supplier will handle any order with the utmost care. Customer and supplier should be careful when accepting and executing offers.
- Place of delivery is the home address of the customer or the PostNL collection point that has been specified by the customer.
- In compliance with the information asserted in article 4 of the general terms and conditions, the supplier will execute the order within 30 days unless customer and supplier have agreed on a longer delivery term. In case of delay or if an order cannot be fully executed in time, the customer will be notified within 30 days after placing the order. Should this situation occur than the customer has the right to terminate the agreement without any additional costs.
- In case of termination as asserted in the previous section, the supplier will reimburse the amount that has been paid by the customer within 30 days after the termination of the agreement.
- If delivery of a product is not possible the supplier will strive to find an acceptable replacement product. The customer will be informed that a replacement product will be delivered. In this situation the exclusion of the right of revocation is eliminated. Possible costs for returns are at the expense of the supplier.
- The risk of damages and/or loss of products is at the risk of the supplier up to the moment of delivery unless otherwise agreed upon.
Article 12. Payment
- Unless agreed upon otherwise, the customer has to pay any amounts due within 14 days after the right of revocation as asserted in article 6 section 1.
- In the sale of products to customers the maximum amount of an advance is 50%. If the advance is stipulated the customer, prior to the advance, can claim no right regarding the execution of the order.
- The customer is obliged to report any inaccuracies in submitted or mentioned payment details to the supplier.
- In case of a payment default on account of the customer, the supplier has the right, within the boundaries of the law, to charge the customer for incurred costs.
Article 13. Complaints
- The supplier has a complaints procedure that has been published and will handle complaints in accordance with this complaints procedure.
- Complaints about the implementation of the agreement have to be presented to the supplier within the specified time frame, complete and comprehendible, after the customer has detected the defects.
- The presented complaints will be answered within 14 days after the date of reception. If a complaint requires a foreseeable longer processing time, the supplier will send a notification within 14 days to inform the customer that his complaint is being processed and to indicate when the customer can expect to receive a more detailed response.
Article 14. Disputes
- Dutch law is applied to agreements between supplier and customer that fall under the general terms and conditions.
- A dispute will only be dealt with if the customer has presented the dispute to the supplier within the required time frame.
- Before parties appeal to competent court, disputes need to have been discussed with the utmost efforts of both parties.
- Morningstar Pharma has the right to submit disputes to a competent court.
- The enforcing court in the place of registration of Morningstar Pharma is authorised to hear disputes, unless the sub-district court is authorised.
Article 15. Additional or deviating conditions
Additional conditions or conditions deviating from the terms and conditions described above shall not be to the disadvantage of the customer and need to be recorded in writing in a way that allows the customer to store this information on a durable medium that is easily accessible to him.