1. Legal information
The www.medlogistics.lu website is operated by Santé Services S.A. (hereinafter the "Company") whose registered office is located at L-2540 Luxembourg, 9 rue Edward Steichen, registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés - RCS) under number B84562.
The Company can be contacted at the following coordinates:
Postal address: L-2540 Luxembourg, 9 rue Edward Steichen
E-mail address: firstname.lastname@example.org
The site www.medlogistics.lu (hereinafter the "Site" or the "MedLogistics Platform") is an online sales platform allowing the purchase of products reserved exclusively for doctors and healthcare professionals, as well as any natural or legal person with a specific need in the field of healthcare or individual protection, established on the territory of the Grand Duchy of Luxembourg or in the European Community.
The purpose of the general terms and conditions of sale is to define the terms and conditions under which the Company offers for sale products for purchase with delivery in the Grand Duchy of Luxembourg.
The term "Client" refers to the user who is a doctor/healthcare professional, or any other natural or legal person using the MedLogistics Platform within the framework and for the needs of his professional activity and duly registered on the Site.
The term "Product" refers to products offered for sale on the MedLogistics Platform.
The term "Terms and Conditions" refers collectively to the MedLogistics Platform's Terms and Conditions and Privacy and Cookies Management Policy.
The term "Price" refers to the net product price excluding value added tax ("VAT") and excluding delivery and packaging costs.
The term "Online Order" refers to the purchase of a packaged Product and its delivery.
3. Access to the site
To access the MedLogistics Platform, you must be a doctor, healthcare professional or any other natural or legal person with a specific need in the field of healthcare or personal protection and register according to the following terms and conditions:
Registration to the MedLogistics Platform is free of charge and does not entail any obligation to purchase.
To register, it is necessary to open a Customer account by filling out an electronic form available on the Site. The information to be indicated on this form must include surnames, first names, capacity (in the case of a legal person), an e-mail address, a telephone number, a professional VAT number and/or a health care professional's number and a delivery and invoicing address on the territory of the Grand Duchy of Luxembourg. A username that will be the email address and a password must also be provided. Registration finally requires acceptance of the General Terms and Conditions.
The mandatory information fields must be filled in truthfully and completely.
Refusal to fill in all mandatory information fields is equivalent to a refusal to register as a Customer.
The Company verifies the accuracy of the information provided at the time of registration. It reserves the right to request additional data and information, even at a later date when placing an Online Order.
It also reserves the right to refuse the creation or maintenance of an account if the registration seems doubtful, in the event of a previous dispute with the concerned person, or for any other legitimate reason.
After sending the online form, the Client will receive a registration e-mail to the communicated e-mail address, from which he will be able to access the MedLogistics Platform.
The username and password allow the Customer to identify himself when placing an Online Order and any Online Order made with this data is presumed to be made personally by the Customer. The username and password are valid as the Customer's electronic signature.
The Customer himself keeps his data up to date. He or she may at any time access the data concerning him or her, rectify it or request its deletion, which will then be considered as a request for the deletion of his or her account.
The Customer undertakes to keep his password strictly confidential. The Customer is solely responsible for his user name and password. The Company cannot be held liable in the event of loss or malicious use by a third party of the Client's username or password. The Customer undertakes to inform the Company immediately in the event of suspicion of unauthorised use or usurpation of his account, and to change the password immediately. The Customer can change his password at any time via the user account interface.
At the time of each Online Order, the Customer must again read and accept the General Terms and Conditions by "opt-in" and in particular the Data Protection Policy, by ticking the relevant box. Otherwise, the Online Order shall not be submitted.
The Customer searches for the Product(s) on the MedLogistics Platform, using the search function or by browsing through the categories. The Products are presented with their names, brand, content, nature, format and price.
The photographs, illustrations, texts and graphic representations of the Products on the Site are for information purposes only and are not binding on the Company.
The information on the Site related to the Products, in particular their price and description, may be modified, adapted, updated or withdrawn at any time.
6. Online Order
Once the Products have been selected, the Customer places his Order online by following the instructions provided for this purpose on the Site.
The availability of the Products is displayed at the time of placing the Order online. It is nevertheless possible that a Product may not be available. The missing Product is then deducted from the Online Order and is not invoiced.
The simple fact of adding a Product to the basket does not constitute a reservation or validation of the Online Order. The Product chosen by the Client may become unavailable between the time it is added to the basket and the validation of the Online Order by the Company.
The Products ordered, their price, number and quantity, date, time slot and related packaging and delivery costs are summarised before the Customer is invited to validate his Online Order. If the Customer detects an error in the information on the summary, he must click the "modify the Online Order" button. After modification a new summary of the Online Order is displayed. If the information contained in the summary is correct, the Customer is invited to validate his Online Order.
The Customer must have read the General Terms and Conditions and accept them in order to place his Order online. If the Customer does not accept the General Terms and Conditions, he will not be able to submit his Online Order.
After validation of the Online Order by the Client, the Company shall check the Online Order before confirmation.
The Company reserves the right to refuse any Online Order that seems questionable. It also reserves the right to refuse any Online Order from a Customer in the event of an incomplete Online Order, in the event of a previous dispute with the Customer, or for any other legitimate reason.
If the Online Order is accepted, the Company shall send the Client an Online Order conGesellschafttion in the form of an e-mail summarising the Products ordered, their number and quantity, the Price to be paid, the amount of value added tax ("VAT"), packaging costs, charges, delivery date and time and the information required for payment.
The e-mail confirming the online order also contains an Online Order number.
The Company undertakes to provide the Client with a paid invoice for the price of the Online Order once payment has been made.
Products and services are offered to the Customer, subject to availability. The Company also endeavours to guarantee permanent accessibility to the Site. Nevertheless, access to the Site may be temporarily limited or unavailable in the event of Site maintenance operations, Site developments or simple malfunctions.
The Prices of the Products are displayed in euros (€) and correspond to the prices in force on the day of consultation of the Site. Prices are exclusive of taxes (including VAT) and do not include packaging and delivery costs.
The price of the Products, packaging and delivery costs are indicated in the summary of the Online Order before it is confirmed by the Customer.
Except in the event of a display error, the prices of the Products are guaranteed by the Company and the Company shall not be held liable in the event of such a display error.
The Company may modify the Prices of the Products at any time and without the need for justification.
Delivery charges vary according to the geographical area of the delivery address and the amount of the Online Order. Packaging costs depend on the nature of the Products and the ordered quantity. These costs are subject to change from one order to another, without the need for justification.
8. Special Offers
The Company may at its sole discretion issue vouchers in favour of the Client as part of special offers. These vouchers entitle them to price reductions.
In case of special offers, the Customer will receive a voucher indicating the conditions of the offered discount and a code.
The Customer must use this code at the time of his Online Order in order to benefit from the granted discount.
The currency of the Site is the Euro (€). All Online Orders are payable in this currency.
Online Orders are payable by bank transfer to the Company's account in accordance with the terms of payment indicated in the confirmation of the Online Order.
Payment must be made in advance of the delivery date.
Products purchased via the Site are delivered only to addresses located in the Grand Duchy of Luxembourg.
No delivery will be made outside the borders of the Grand Duchy of Luxembourg.
Delivery is made to the delivery address indicated by the Customer when registering on the Site.
All deliveries are accompanied by an receipt form which lists the Products delivered, their price and the packaging and delivery costs and to be signed by the Customer at the time of delivery.
11. Reception of Products, Claim and Guarantee
The Customer undertakes to sign the receipt form presented to him/her at the time of delivery of the Products.
By signing the receipt form, the Customer acknowledges that the Products listed therein have been received, comply with his Online Order and are in good condition.
The Customer benefits from the legal guarantee against hidden defects. In the event of discovery of a hidden defect, the Client must, in order to assert his rights, denounce it in writing and within the legal time limits to the Company.
The Company may then arrange for the removal of the concerned Product(s) at its own expense for inspection.
Subject to the valid denunciation of a hidden defect in compliance with the foregoing stipulations, the Company guarantees either the replacement or the reimbursement of any Product that is effectively defet, to the exclusion of any other compensation whatsoever in favour of the Client.
Without prejudice to any mandatory legal provisions to the contrary, the Customer shall bear the entire burden of proof with regard to the conditions for opening the warranty, and more particularly with regard to the defect, the time when the defect was discovered and compliance with the legal conditions and deadlines for reporting the defect.
If the Customer opts for a refund, he will be reimbursed within a maximum period of 30 days from receipt by the Company of the faulty Product and all evidence of the defect.
Reimbursement may be made, with the Customer's agreement, in the form of a credit note for future Online Orders or by transfer to the Customer's bank account.
12. Property - Transfer of ownership and risk.
As of the signature of the receipt form by the Customer, all risks of deterioration and loss of the received Products and any resulting damage shall pass to the Customer.
13. Exclusion of liability
Without prejudice to any other limitation of liability provided for in the general terms and conditions of sale or any other contractual document binding the Client to the Company or resulting from the application of the law or jurisprudence and without prejudice to any mandatory legal provisions to the contrary, the Company can in no way be held liable in the event of :
14. Changes to the general terms and conditions
The Company reserves the right to modify the general terms and conditions of sale at any time.
The Company undertakes to apply to each online order placed by the Customer the General Conditions of Sale in the version in force at the time the online order is validated by the Customer.
The modified general terms and conditions of sale come into force as soon as they are accessible on the Site and apply to all new Online Orders.
It is up to the Customer to consult the general terms and conditions of sale that he must accept before placing any new Order online.
15. Unsubscription, deletion, restriction and blocking of the account
The Customer may unsubscribe from the site at any time. A simple request by e-mail to email@example.com is sufficient. The request for unsubscription shall be effective within a maximum of 7 days from the relevant request. It leads to the deletion of the Customer's account. For its part, the Company may delete, restrict or block the Client's account in the event of a breach by the Client of any of the stipulations of the general terms and conditions of sale or for any other legitimate reason.
16. Client's responsibility
The Customer is responsible for all activities that are carried out from his user account, unless he can demonstrate a misuse of his account not resulting from a breach on his part. The Customer is solely responsible for the use he makes of the Products and for the suitability of the Products for the intended use.
17. Processing of personal data.
If one or more stipulations of the general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain their full force and scope.
At any time, the Buyer has the possibility to contact the Company, to address any request or complaint relating to the Products using the contact form. The Client and the Company will make their best efforts to reach an amicable resolution of any dispute.
21. Applicable law and competent courts
The general terms and conditions of sale are governed by Luxembourg law. Any dispute relating to their interpretation and/or execution falls within the jurisdiction of the courts of Luxembourg City.