Specific provisions relating to online sales of products to consumers
These general terms and conditions of sale define the rights and obligations of all parties within the framework of the online sale of products (referred to here as “products”) via the website of CannIbite BVBA: http://oralhealthcarestore.com/.
The parties accept that only these general terms and conditions apply to their relationship and that all other general terms and conditions are excluded.
Any order for a product on the site (hereinafter referred to as “order”) presupposes the prior reading and explicit acceptance by the purchaser of these general terms and conditions of sale without requiring a written signature by the purchaser. In accordance with Book XII of the Belgian Code of Economic Law relating to the law of the electronic economy, the purchaser is reminded that the confirmation of an order, as stipulated in the article “Terms and conditions of the order”, implies the placing of an electronic consent equivalent to a written signature and entails proof of the entire order and of the amounts due in execution of this order.
The General Terms and Conditions of Sale apply exclusively to buyers, physical persons who are not traders. The buyer who wishes to carry out his order on the CannIbite website declares to have full legal capacity.
The products offered for sale are those available on the website, with a description of their main characteristics at the time of consultation of the site by the purchaser.
In the event that products ordered are unavailable, the purchaser will be informed and may either modify or cancel the order.
In both cases, a refund of the order will be made if applicable. In any case, CannIbite BVBA cannot be held responsible for the unavailability of products.
The price of a product is stated on the website (hereinafter referred to as “the purchase price”) in Euros, including VAT. This price does not include delivery costs which are to be borne by the purchaser.
CannIbite BVBA reserves the right to adjust the price at any time. However, products will be invoiced at the price shown at the time of order confirmation.
At the time of ordering, the buyer undertakes to pay, in addition to the price of the products purchased, any delivery costs. The delivery costs remain due and payable and, unless stipulated otherwise, will not be reimbursed in the event of a full or partial return, in the event of execution of the right of withdrawal, in accordance with the article “Right of revocation and modalities of return”. The delivery costs will be clearly shown to the buyer.
In order to place an order, the buyer must fill in the order form on the website and provide at least the necessary information for identification and delivery. All information provided by the buyer when placing an order is binding on the buyer, CannIbite BVBA cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the purchaser must read and accept the general terms and conditions of sale by ticking the “I have read and accepted the general terms and conditions” checkbox provided for this purpose. With this confirmation, the purchaser undertakes to pay the full cost price, i.e. the price of the products and any delivery costs.
CannIbite BVBA confirms each order within 24 hours by e-mail to the buyer at the e-mail address provided by the buyer (hereinafter referred to as “the order confirmation”). The order confirmation includes the date of the order, the products ordered, the purchase price, the delivery cost, the delivery address and the method of delivery. The data stored by CannIbite and the confirmation of the order are proof of the contractual relations between the parties.
CannIbite reserves the right to refuse or cancel an order or a delivery in the event of (i) an existing legal dispute with a buyer or (ii) refusal of authorisation of payment by the financial organisation controlling the payment.
Purchases are paid for via electronic payment. After confirmation of the order, the buyer chooses one of the proposed payment mechanisms. The validity of the payment is immediately confirmed or not by the controlling financial organisation.
If the payment is approved, the amount shall be paid in accordance with the terms and conditions of the aforementioned organisation after the order has been invoiced. The ordered products remain the property of CannIbite BVBA until full payment of the purchase price and costs.
The modalities and cost of delivery will be shown during the order process. CannIbite BVBA makes every effort to ship the orders as soon as possible so that they arrive within the expected delivery time as shown during the ordering process.
The transfer of risk from CannIbite to the buyer takes place at the time of delivery. Each order is delivered according to the delivery method chosen by the purchaser.
It is the buyer’s responsibility to inspect the package and the product at the time of delivery and to pass on any comments or complaints as quickly as possible and, if necessary, to refuse the package if it appears to have already been opened or shows signs of damage.
We don’t allow returns because it is a personal care product.
CannIbite BVBA only enters into an obligation of means in connection with all steps of access to the site, the order, the delivery and subsequent services.
CannIbite cannot be held responsible for any inconvenience or damage caused by the use of the internet, including, but not limited to, interruptions, external break-ins, infection with computer viruses or other elements that can be considered as force majeure. In all cases, CannIbite’s liability under these conditions is limited to the sum of the amounts paid or to be paid for the order at the basis of the liability, regardless of the cause or the form of the claim in question.
CannIbite BVBA can in no way and under no circumstances be held liable in the event of problems or damage of any kind that may result from the incorrect use of products. In this respect, the purchaser undertakes to read carefully and comply with the recommendations mentioned in the leaflet or on the product packaging.
The general recommendations provided by CannIbite can never replace the personal advice of a dentist or physician on the recommended use of dental products by the patient.
All (visual or sound) elements of the website, as well as the underlying technology, are protected by copyright, trademark law, and more generally by intellectual property rights and by the sui generis database law. They are the exclusive property of CannIbite BVBA or third parties who have granted a licence to CannIbite. The buyer who has his own website and who, for personal use, wishes to place a link to the CannIbite website must request permission from CannIbite. In this case there will be no implicit affiliation with CannIbite BVBA. All links to the CannIbite website using framing, inline or deep- linking are prohibited. Any link, including previously tacitly approved links, must be removed from CannIbite upon simple request.
In the event of a dispute concerning the application, interpretation or existence of the present terms and conditions or the order, both CannIbite BVBA and the buyer endeavour to reach an amicable settlement before commencing legal proceedings. In the event of a failure to reach a settlement, only the courts of Antwerp are authorised to decide on the legal dispute, regardless of the place of delivery or the address of the purchaser.
The contract and all legal relations between the parties are subject to Belgian law.
In the event that one or more elements of the General Terms and Conditions of Sale are or become invalid as a result of a law, regulation or final decision of a competent legal body, the remaining elements shall remain valid.
The general terms and conditions of sale and the confirmation of the order sent to the buyer constitute the entire contract between the parties. In the event of contradictions between these documents, the present general terms and conditions of sale take precedence.
The register in the information systems of CannIbite and its partners, equipped with all reasonable security systems, shall be considered as evidence of communication, ordering and payments made by the parties.
