General Terms of Sale and Use
A – General Terms of Sale
By filling and validating the order form, the client acknowledges having read the general terms of sale and accepting them without reserve. Validating the order is equal to accepting present terms.
Terms used in the general terms of sale and on the website must be understood as follow:
1.1 Moleac: Moleac Belgium Sprl’s Internet website on which Products are presented and sold to clients.
1.2 Client: any physical or moral person, legally able to order and conclude a Product sale via Moleac’s website.
1.3 Order: a sale contract conclusion requested by the client between Moleac and the client himself and regarding a Product proposed by Moleac.
1.4 Product identity card: all information regarding a Product on sale on Moleac’s website (texts, photos, charts...).
1.5 Product: all the goods on sale by Moleac on its website.
1.6 Transaction: set of operations, secured treatments, authorizations and agreement inherent to the payment of the ordered products by credit card or any other virtual payment means offered by the site.
Moleac offers for online sale a product as health supplement (NurAiD II MLC 901), excluding products delivered, and based on a medical prescription.
The client logs, on his own free will, in the website and by filling his basket, places order of products that he has chosen freely while surfing on the site (article 3). Products bought are paid online with the help of one of the proposed solutions on the site (article 7). Moleac confirms the order with an automatic email, recalling the order and the products are shipped to the client within a specific timeline (article 4).
3.1 All data provided by the client during his order’s encoding, commits him. Moleac can never be held responsible for mistakes made by the client in the name or address of the order’s recipient (whether in the delivery address or the billing address), delays in delivery or failure to deliver the ordered products that these errors could cause.
3.2 Automatic registration systems are proof of the nature, the content and the date of the order as well as all past transactions.
3.3 As soon as the sale is over, Moleac confirms the order by sending an automated e-mail, going through over the full order, to the email address given by the client. The sale is completed only after the payment is received.
3.4 Products offered by Moleac are almost all in stock. If the requested product is not or is not any more available immediately, Moleac will inform the client and give him the delivery time for the product in question by email. If the given time does not suit the client, he can then request a change in his order or the outright cancellation of the latter.
3.5 Only persons legally able are allowed to place order on our website.
3.6 In general and without any reason needed, Moleac reserves the right to suspend the confirmation of the order, to refuse or cancel it in following cases: - Submitting misleading data; - problem in the payment for the said order; - problem concerning a failure to pay for a previous order; - client’s bank or financial organization refusing authorization; - order of an abnormally low or high number of products; - order’s total amount abnormally low or high;
This list is not limited.
3.7 The definitive and paid invoice of the order is sent with the parcel
4.1 Moleac fully assumes delivery charges in Europe.
4.2 Following the confirmation of the order and payment approval by the body responsible for the transaction, Moleac agrees to send ordered products to the client to the delivery address given when ordering, and this under 48h of business days. For the delivery in the DOM-TOM, Moleac commits to deliver the ordered products within a week to the client.
4.3 Deliveries are taken care by Taxipost for a delivery in Belgium and by Colissimo in France. Moleac cannot be held responsible, in any case, for any delay in delivery, and should not be claimed any compensation or outright cancellation of the order by the client.
4.4 As soon as the parcel is received, the recipient of the order must check the good condition of the delivered product and take knowledge of the content. In case any of the ordered products is damaged or missing, the recipient of the parcel must immediately lodge reservations with the carrier and this at the time of delivery.
4.5 In case of damages and loss and according to the Law of April 6th 2010 on market practices and consumer protection, the burden of damage risks and losses is on the remote seller’s shoulders. If the delivered parcel does not match the products bought or if it’s damaged, it is possible for the client to return it to Moleac and this, within 7 days from the date of reception. Following the client’s request, Moleac will process the exchange or the full refund of the order, and this in a period not exceeding 30 days after the parcel was returned. However Moleac reserves the right to refuse to refund the returned products when these have been damaged by the recipient of the order.
4.6 If the parcel is not received on the day of delivery, the carrier will leave a calling card and come back at a later date. If the order is not retrieved by the recipient, the parcel will be returned to Moleac and the recipient is alerted by email. The delivery of the order can be requested again by the client but he will bear the full shipping fee.
4.7 The client or the recipient of the order is forbidden any partial or total resale of the received products.
5. Right of withdrawal
5.1 According to the law of April 6, 2010, on market practices and consumer protection, the client has the right to waive his purchase without penalty and without giving any reason. For this, the client has a period of fourteen calendar days from the date of receiving the products to return them to Moleac for an exchange or refund. To receive compensation, the client must return the products in their original unopened packaging, with a copy of the invoice. The return is taken care by and under the responsibility of the client to the following address: Moleac Belgium c/ Evadix Bilog SA, 4 Pasquier Grenier Street, 7500 Tournai (Belgium).
5.2 If the products are returned to Moleac under the conditions and deadline set, Moleac commits to refund the amount paid by the client, but as Moleac bore the cost of the initial delivery, they have the right to deduct that amount from the amount to be refunded. The refund will be made within a month from the reception of the returned order.
5.3 In case of a distance selling, the client also has the right of withdrawal (Act of April 6, 2010, on market practices and consumer protection). The letter is exercised during seven days following receipt of the products. Withdrawal notification must be done in writing and sent by email to the following address: firstname.lastname@example.org or by registered mail to: Moleac Europe, 92, Rue de la Victoire 75009 Paris, France. In this case, products must be returned within three days following the dispatch of the waiver. As soon as Moleac receives the returned products, they will refund the amount of the relevant order, provided the products are in perfect condition. The client shall bear the shipping cost.
6.1 The specified prices on the website and on the confirmation voucher sent by email after receiving the order are the final prices, with all taxes included, even VAT. This price includes the products’ price, handling, packaging, and storage costs.
6.2 Unless otherwise specified, all given prices includes VAT. This is due from all nontaxable consumers, residing or having their headquarters in an EU country. It is also payable by taxable consumers who have established their head offices in Belgium. However, taxable consumers whose headquarters is in another EU country and who would like to be delivered in that country (France) will be charged without VAT, as according to article 39bis of VAT code. Nevertheless, it will be the exempted consumer’s task to declare this import in order to respect the tax regulations of their country. In any case, taxable clients are required to declare the VAT number of their order. In the case the VAT number is not given or if the given number is incomplete or wrong, Moleac has the right to suspend the order.
6.3 Moleac also reserves the right to modify the rates at any time, but the price on the final invoice is based on the current rates at the time you order.
7.1 The order must be paid for in cash by using one of the solutions proposed on the website on the day of the order, which means paying with a Visa or MasterCard bank card or a transfer to the bank account KBC (MOLEAC BELGIUM SPRL, IBAN: BE07731007342366 ; BIC: KREDBEBB) for Belgian clients or to the CIC bank account (IBAN: FR76 3002 7170 3200 0203 1670 106 ; BIC: CMCIFRPP) for French clients.
7.2 Protection against fraudulent use of payment methods used during a transaction, especially following piracy, as well as any claims about the payment of the order’s price, will be ensured by the company 3D Secure.
7.3 The order, validated by the client, is effective only when the secure bank payment centre and 3D Secure give their consent to execute the transaction. In case of refusal from the the secure bank payment centre or 3D Secure, the order will be automatically cancelled, and the client will be notified by email.
7.4 Information regarding the order is subject to automatic data processing for which 3D Secure is responsible. The goal of this automatic processing is to fight against bank card fraud. 3D Secure and Moleac are the recipients of the data regarding the order. Failure to transmit data prevents the execution and analysis of the transaction. In case of fraudulent use of a bank card, irregular statement, or abnormality, the coordinates related to the order involved in the unpaid could be registered under a file named “payment problem.”
8.1 Moleac cannot be held responsible, in any case, for damages of any kind that could be the consequence of misusing the marketed products.
8.2 Moleac also cannot be held responsible for any possible changes in the products (composition, packaging, dosage. . .) made by their manufacturer.
8.3 In any case, Moleac’s responsibility is limited to the amount of the order and cannot be blamed for simple errors or omission that could remain despite all precautions taken in the products’ presentation (especially in their identity card).
8.4 Moleac’s website includes links to other websites. The company can neither be held responsible for the actual or future contents of these sites nor for the content of external sites with links to their websites.
9.1 In any case, Moleac cannot be held responsible for noncompliance of regulations and laws in effect in the receiving country. The eventual responsibility of Moleac is limited to the value of the product in question, determined by the sale’s date.
9.2 In case of a problem, the client has the right to contact our customer service via this address: email@example.com or by telephone at +33 1 48 78 42 61
10. Personal data
10.1 Gathering personal information at the end of a distance sale is required, this information being essential for processing and routing orders. Lack of information will lead to nonvalidation of the order.
10.2 Moleac respects the law of December 8, 1992, concerning personal data processing. This law expects the company that is gathering personal data to have the consent of the concerned person. The data must be exact and must be collected for a specific, clear, and legal purpose. Everybody must have access to this personal data and the right to modify it. According to law, processing of clients’ personal data is subject to a statement with the Commission of Privacy Protection. Client has the right to access, change, rectify, and remove data and can exert this right with Moleac.
10.3 Moleac commits to never disclose or communicate collected client data to a third party.
11. Intellectual Property
Texts, page layouts, illustrations, photos, and all other elements included on Moleac’s website are generally protected by the principles of intellectual property rights. Moleac’s website content cannot be copied. It can be neither modified nor placed on another website nor published in any form without prior written consent from Moleac. This site can also contain texts, illustrations, and other elements protected by a third party’s author rights. Moleac will not give permission to use their intellectual property or those of a third party.
12. Dispute and applicable law
In case of difficulties in the application of the present contract, the client and Moleac reserve the possibility, before any lawsuit, to seek an amicable solution. Failing this, whatever the products’ delivery place or the client’s home may be, only Brussels’ courts are competent.
All contracts and legal reports between the customer and Moleac are subject to Belgian laws.
Please read carefully the present general terms regarding the use of this website.
BY ACCESSING THIS WEBSITE, BY VISITING OR USING IT, WHETHER IT IS PERSONAL AND/OR ON BEHALF OF THE LEGAL ENTITY FOR WHICH YOU ARE ACTING AS AGENT, INTERMEDIATE OR EMPLOYEE, YOU GIVE YOUR CONSENT TO THE GENERAL TERMS LISTED BELOW AND TO WHICH YOU EXPRESSELY CONFIRM YOUR ACCEPTANCE. THESE GENERAL TERMS ARE LIKELY TO BE MODIFIED. IF YOU REFUSE TO ACCEPT THESE TERMS, PLEASE DO NOT ACCESS, VISIT, OR USE THIS WEBSITE OR ITS INFORMATION.
1. Definition and general terms for access
The terms “Website” means this website as it is published by MOLEAC BELGIUM SPRL (more details under point 2. Editor), hereafter “the seller,” as well as all information and material contained in the Website.
Some parts or pages of the Website mention separate and/or complementary terms and are additions to these General Terms. In case of contradiction, the separate and/or complementary terms will override the present General Terms in regards to the Website’s parts or pages to which they relate.
This Website also has links to other Websites published by third parties. These links can also be considered as parts of the third parties’ Websites. The seller does not control these sites and declines any responsibility for all information or material contained by any websites accessible via links present in this Website. The creation of a link towards the Website of a third party or authorizing a third party’s Website to create a link to the present Website does not mean that the seller approves or recommends products or services offered by this third Website. Moreover, the seller does not make any judgment—neither implicit nor explicit—whether information contained on third-party websites is correct and/or reliable directly or indirectly or of the third parties’ honesty and/or morality.
The contents of this Website are subject to change. The opportunity to access or not a product or a service can be subject to the seller’s permission. Unless expressively stipulated otherwise, information on this Website does not form an offer or a request to make investments in any jurisdiction whatsoever. Persons accessing, visiting, or using this Website must make sure that the legal requirements in force in their country allow them to access this information; failing this, they will refrain from accessing, visiting, and/or using this Website.
The editor of this Website is:
Moleac Belgium SPRL
Avenue des Statuaires, 48
1180 Brussels (Uccle)
VAT BE 0820.849.632 - RPR Brussels
3. Website Content / Material
Information and material present on this Website are given solely as information and do not constitute a product’s offer. An offer can be made and taken into consideration only if it is legally valid and consistent with the laws applicable in this case. Any offer is limited to the country or legal area expressly mentioned in the offer and cannot be taken into account by natives of another country or legal area having access to this Website, visiting or using it.
The seller will do his best to control and update regularly the information and material of this Website and to check the reliability and honesty of his sources. Therefore, information and material placed on the Website are likely to change. However, the seller cannot guarantee the accuracy, adequacy, completeness, or timelessness of the Website’s information or material to which it refers; he also cannot guarantee that this information or material is adapted to a specified goal or even the reliability and honesty of their sources. The seller, his managers, employees, and/or representatives cannot be held responsible, for any reason, on a contractual basis or not, for any damages—direct or indirect—you may sustain for having accessed, visited, or used this Website, except in case of gross or intent negligence from your part, as well as in case of misleading, incorrect, or inconsistent information.
4. Intellectual Property Rights
Information and material on this Website are protected by all intellectual property rights belonging to the seller or to which he can claim. You can only reproduce and print this information and material for strictly personal and noncommercial use, provided that you do not remove the references to these intellectual property rights. You agree not to diffuse this information and material and not to reproduce and sell them, in any manner or under any form, without prior written formal authorization from the bank.
5. Privacy Protection
(Act of December 8, 1992, regarding privacy protection concerning personal data processing)
Please note that the seller is responsible for processing personal data collected through this Website.
As a visitor or user of this Website, you give your consent to the seller to save and process personal data about you for the purposes set out below: respecting all laws or regulations applicable, especially in terms of laundering money and financing terrorists, managing contractual and precontractual relationships, preventing abuse and fraud, creating statistics and tests, training staff, controlling quality of the service, commercial prospecting, or direct marketing of the product promoted by the seller.
You have the right to access your personal data and get it rectified if incorrect. To exercise this right, you just have to send to the seller a written request to that effect, duly dated and signed to the above mentioned address.
All information and material submitted to the seller through this Website will be processed respecting relevant laws and regulations in the matter.
7. Applicable law and competent courts
Accessing, visiting, or using this Website and the present General Terms are subject to Belgian law and will be interpreted according to Belgian legislation. Except in the case when the law expressly designates the competent judge, all requests can be lodged with:
- A competent judge for the residence of the defendant or one of the defendants;
- A competent judge for the locality in which the commitment or one of the commitments subject to dispute has/have been contracted, or in which they have been, are, or must be executed;
- A competent judge for the locality where the bailiff spoke to the defendant, if the latter—or, if applicable, one of the defendants—resides in Belgium or abroad.
8. Autonomy and changes
If certain provisions of the present General Terms are regarded as unenforceable, the remaining provisions will be deemed unchanged, and the unenforceable provision(s) will be replaced with an applicable term, as close as possible to the provision deemed inapplicable.