TERMS OF SALE
(WESTERN EUROPE, CENTRAL EUROPE, EASTERN EUROPE)
Date of last revision: December 2021
THESE TERMS OF SALE APPLY TO WESTERN, CENTRAL AND EASTERN EUROPE, EXCEPT BULGARIA, CROATIA, NORWAY, ROMANIA, SLOVAKIA, SWITZERLAND AND TURKEY GOVERNED BY TERMS OF SALE DIFFERENT .
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE DANY DRUG PLATFORM.
IF YOU ARE LOCATED IN ONE OF THE COUNTRIES IDENTIFIED BELOW, SPECIFIC ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO YOU AND CAN BE SEEN AT THE END OF THESE TERMS OF SALE OR BY CLICKING ON THE COUNTRY RETURN LINK. THESE ADDITIONAL TERMS prevail OVER THE TERMS BELOW In the event of any incompatibility.
AUSTRIA , FRANCE , GERMANY , HUNGARY , ITALY , POLAND.
APPLICABILITY
You are reading these terms of sale ("Terms of Sale") because you are using a website, digital experience, social media platform, mobile application, DANY DRUG wearable technology or one of our other products or services, which are part of the DANY DRUG platform ("Platform"). These Terms of Sale create a legally binding agreement between you and DANY DRUG and its subsidiaries (which we refer to as "DANY DRUG", "we", "us" or "our") regarding orders placed for products available on the platform. DANY DRUG may modify these Terms of Sale without prior notification by posting amended Terms of Sale on its Platform. The Conditions of Sale displayed on the Platform at the time of your order on said Platform will govern this purchase. Please read these terms carefully and verify that your order details are complete and correct before confirming your order. Your use of the platform is also governed by the Terms of use and the Privacy policy by DANY DRUG. The Terms of Use are incorporated here by this link. [See the conditions of the Hungary .].
PLACE ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be at least 16 years of age, or older if required by applicable law to enter into an agreement with DANY DRUG and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is only intended for DANY DRUG for the direct sale of DANY DRUG products to end consumers. The purchase of products intended for resale is therefore strictly prohibited. Purchase for resale is the purchase of the DANY DRUG product by a person who resells or intends to resell it to third parties (consumers, businesses or any other third party). If DANY DRUG believes that you are involved in the purchase for resale, DANY DRUG reserves the right to take any action against you, including, but not limited to, limiting sales to you, canceling your orders and / or suspend or close your account.
HOW TO ORDER
You need an email address to place an order, and you may need to configure your browser to accept (functional) cookies and pop-ups in order to be able to use all of the Platform's features. , which includes designing personalized items, adding items to your shopping bag, and placing your order.
When you place an order, we will email you acknowledging receipt. Our order acceptance takes place when the Products are shipped to you - we will send you an email confirming that the products have been shipped (“Order Confirmation”). At this point, a contract, containing these Terms of Sale, is entered into and binds you to us (“the Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will notify you in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT.
The execution of all orders on the Platform is subject to product availability. We expressly reserve the right to refuse your order for any reason. We also reserve the right to cancel a contract by written notice, without being liable for any damage or cost other than reimbursement of any amount paid by you in connection with the Contract we have canceled in the following situations:
the product is not available / in stock;
your billing information is incorrect or unverifiable;
your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
you are under 16 or under the age required by applicable law to enter into an agreement with DANY DRUG;
Are you a reseller ;
there was an error in the price displayed on the Platform; Where
we were unable to deliver to the address provided by you;
due to an Event beyond our control (see below).
[See the Conditions applicable to the France. ]
DATA VERIFICATION
When you send your order to us, we can check it before it's fulfilled. These checks may include checking your address and checking for fraud. We perform partially automated checks on all purchases to filter out unusual or suspicious transactions, or transactions that may be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and, if necessary, will be the subject of legal action.
PRICE / PAYMENT
PAYMENT METHODS
You can find the payment methods available for each country in the help section of DanyDrug.com (payment policy). We do not accept any payment method other than those indicated in the help section. Please do not try to pay by any means other than those specified here. Otherwise, we will not be responsible for the loss of payment or any other damage that may result from this action.
PAYMENT PROCESSING
If you are paying by credit / debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacture in the case of DANY DRUG personalized products) after receipt of your payment. It may take several days. In the event that no payment has been received within 12 calendar days of the date of your order, your purchase will automatically be canceled. Payments can only be processed if the billing information can be verified.
TRANSFER OF OWNERSHIP
We retain ownership of any product until we have received full payment for that product (s).
PRICES AND CURRENCIES
The prices of the products displayed on the Platform include value added tax (VAT), where applicable. Shipping rates are applied per order. The exact shipping rates depend on the country your order is delivered to. For more information on shipping rates by country, see the Help section of the Website.
Prices are expressed in Euro, with the exception of UK, Sweden, Norway, Switzerland and Denmark, where prices are expressed in local currency. If you change the country of delivery while browsing or during the checkout process, prices may from that moment be shown in a different currency. Please note that changing the country of delivery may influence the price due to a change in currency or country specific prices.
YOUR TOTAL PRICE
The total price shown on the final payment screen includes taxes and shipping charges. This price will be recorded in the order confirmation, which we recommend that you print or download for future reference. If you are paying by credit card, the total amount of your order will be shown on your statement in your local currency.
If your local currency is different from the currency in which the prices are shown, your bank will apply the exchange rate applicable on the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
KLARNA PRIVACY POLICY
“In order to provide you with Klarna's payment options, we may need to provide Klarna with your personal data including your contact details and your order details, so that Klarna can assess whether you meet the conditions to benefit from it and adapt these latest to your needs. Your transferred personal data will be treated in accordance with Klarna's privacy policy ”
CASH ON DELIVERY
If you have chosen the payment method "Cash on delivery", the amount of the order indicated on your shipping confirmation in the local currency of your country of destination must be paid in full before receiving the signature of the delivery slip. . Opening your package and inspecting your items can only be done after payment has been made.
PRICE CHANGES
Product prices are those displayed on the Platform. Prices may change, but such changes will not affect orders that we have confirmed in an Order Confirmation. [See Conditions applicable to Italy. ]
SHIPPING AND DELIVERY
DELIVERY - WHERE AND WHEN
We do not ship on certain holidays. Please refer to the help section of the Website for the dates, times and methods of delivery available. The Deliveries can only be made to a home or office address located in one of the countries listed in the help section of the Website.
DELIVERY IN SEVERAL PACKAGES
Whenever possible, we try to deliver all the items you ordered at the same time. However, please note that due to the realization of personalized products (DANY DRUG), an order for multiple personalized products (DANY DRUG) may result in separate deliveries.
We reserve the right to split the delivery of your order, for example if part of your order is delayed or unavailable. We will notify you of our intention to split a shipment by emailing you to the email address you provided when your order was placed. You will not be charged for additional shipping costs.
INSPECTION ON RECEPTION
Upon delivery, please inspect the packaging to verify that it is in good condition. If the products are found to be damaged, please do not accept the delivery.
SHIPPING
FREE DELIVERY
If you make a purchase in excess of the threshold applicable to your country of delivery, you will be eligible for free "standard delivery" or a discounted option for "express delivery". Other conditions may also allow you to benefit from free delivery. Consult the help section of the Website for the applicable thresholds and the corresponding reduced delivery rates.
CUSTOM ITEMS
CUSTOMIZATION CONDITIONS
For most personalized products (DANY DRUG), you can submit a combination of letters, spaces and numbers - a personalized message that appears on your creation. We reserve the right, at our sole discretion, to refuse an identifier, for example because it contains a trademark owned by a third party, or the names of brands, athletes or celebrities that you (DANY DRUG) do not have no right to use, because it contains material that we consider to be inappropriate. If we refuse your username, you will be notified as soon as possible by email.
CONSUMER INFORMATION RELATING TO CUSTOMIZATION
Your product design (color combination, etc.) and customization are both created by DANY DRUG by your guidance.
Please note that you are solely responsible for the indications provided for the final result of the product produced, and that the right of DANY DRUG to refuse your design or customization can in no way mitigate this responsibility. DANY DRUG's right to refuse your personalization order can in no way be interpreted as an obligation to check your indications for personalization.
Your indications for the personalized design are considered to be “User Content”. Article 2 of the Terms of Use applies to your design and your personalization.
RETURNS AND CANCELLATIONS
CANCELLATION OF THE ORDER BEFORE DELIVERY
You can cancel any order free of charge and without cause, provided it has not yet been shipped. We start processing orders from our online store almost immediately. If you wish to cancel your order, please first check the status of your order by clicking on the "Order Status" link at the top right of the site.
If the status of your order is "in progress" or "pending", you can cancel your order by contacting our call center (see the help section of the Website). Our consumer service agents will request the cancellation of your order in our warehouse. If successful, they will send you an email and the cancellation will be free. If cancellation is not possible, the product will be delivered to you and may be returned in accordance with the procedure described below.
Custom orders (DANY DRUG) cannot be canceled prior to dispatch, as we start making custom products (DANY DRUG) immediately after receiving the order.
RETURN OF ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS
You have the right to return the delivered products in the event that they are defective or not in accordance with your order when you received them. If your complaint is justified, the purchase price and shipping costs will be refunded to you. For practical information on the return, see the help section of the Website.
We further remind you that under Dutch and European law we are liable to you for any lack of conformity of the product which arises within two years from the delivery of the product and that you have several legal rights. in this context. The foregoing does not limit these rights in any way. [See the applicable Conditions in France and in Italy .]
YOUR RIGHT OF WITHDRAWAL
If for any reason you are not satisfied with a product you have ordered, you can exercise your legal right of withdrawal. You can invoke your right of withdrawal by informing us that you wish to return the product within 30 calendar days of delivery of the product to you or to a third party designated by you (other than the carrier) or, if you have ordered several products in a single order which is delivered separately, within 30 calendar days following the delivery of the last product, without any reason.
If you use your right of withdrawal, you have the obligation to return the products to us as soon as possible and at the latest within 30 calendar days from the day on which you communicated to us your wish to withdraw.
Please ensure that the products you are returning are complete (e.g. both items of a pair must be returned) and have not been used other than as reasonable and strictly necessary in deciding whether or not to keep the products ( which means you are allowed to try on clothes or shoes for the fit, but you cannot wear or wash them). If you do not comply with the above and the value of the product decreases as a result, we can hold you liable for such loss of value. The right of withdrawal does not apply if the product is manufactured according to your express or clearly personalized requests (for example: personalized DANY DRUG products).
For practical information on the return, see the shipping section of the Platform, which contains the necessary return information that you can use to exercise your right of withdrawal. You can also inform us that you wish to exercise your right of withdrawal by another unequivocal statement (eg by letter, fax or e-mail). You only need to send us this declaration before the end of the withdrawal period.
If you notify us that you wish to return a product, we will refund all payments made, including delivery charges (except for any additional charges resulting from your choice of delivery other than the cheapest standard delivery type. offered by us) without undue delay and, in any case, no later than 30 days from the date on which we are informed of your decision to exercise your right of withdrawal. We may, however, choose to withhold the refund until we have received the products or until you have provided proof that you have returned the products.
REFUND INFORMATION
Refunds will be issued based on the original payment method. If you paid by bank transfer, you must give this information to customer service when you initiate the return so that we can refund the money directly to your account. For practical information on return and refund terms, see here .
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another company, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or obligations under these Terms of Sale to another person if we give our consent in writing.
Each of the paragraphs of these Terms of Sale operates separately. If a court or competent authority decides that any of them are illegal or unenforceable, the remaining paragraphs will remain in full force and effect.
Any failure on our part to invite you to fulfill your obligations under these Terms of Sale, or to assert our rights against you, or to assert them late, cannot be interpreted as a waiver of our rights.
Any waiver of any default on your part must be made in writing and does not constitute an automatic waiver of any subsequent default on your part. We will not file a copy of the contract between us.
APPLICABLE LAW / COMPETENT COURTS
You agree that the Platform, the Terms of Sale and any dispute between you and DANY DRUG will be governed in all respects by Dutch law, without regard to the provisions of applicable law, and not by the 1980 United Nations Convention on Contracts international sales of goods.
Unless prohibited and without limitation of consumer rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of DANY DRUG products) will be resolved individually. , without resorting to any form of collective redress, and exclusively before the competent courts of Amsterdam, the Netherlands.
In case of complaint, please contact us first via [ contact ]. If you feel that your complaint is not being handled properly, you can - but are not obliged to - use the online dispute resolution platform which you can access via http://ec.europa.eu/odr.
All complaints must be made within one (1) year of their occurrence, to the extent permitted by applicable law. [See the applicable provisions in Austria , France , Germany , Italy and Poland .]
PROVISIONS SPECIFIC TO CERTAIN COUNTRIES
If you reside in any of the following countries, the additional terms below will apply and take precedence over any inconsistent terms set out above.
AUSTRIA
The last paragraph of the section above entitled "APPLICABLE LAW / COMPETENT COURTS" is deleted in its entirety and replaced by the following:
“All complaints must be presented within three (3) years of the occurrence of the complaint. "
Pre-order is the process by which you are able to order a product in advance of the planned retail launch. Due to the nature of the pre-order, the following specific conditions apply to pre-ordered products:
Delivery . Pre-ordered products are intended to be delivered before the launch date, provided that we have received your payment at least 3 business days before that date. The exact delivery times depend on when the product is available in our warehouse. Standard delivery times will apply from the time the pre-ordered product is available in our warehouse. This information is only an estimate and does not bind DANY DRUG.
Payment. Unless you have chosen payment at or after delivery, the following applies. Your payment will be deducted upon receipt of the order (or, in the case of a bank transfer, as soon as possible). We will not process your order until we have received payment. For bank transfers, this may mean that the delivery will be later than that indicated above.
Product launch date. The planned product launch date (product launch) for your pre-order product can be found on the product description page on the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including but not limited to strikes, collective disputes or any other collective actions taken by third parties, civil unrest, riot, invasion, attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place and affects the performance of our obligations under these general conditions of sale:
at) We will contact you as soon as possible to let you know; and
b) Our obligations under these terms and conditions will be suspended and the period of performance of our obligations will be extended for the duration of the Event Outside Our Control.
If the Out of Our Control Event affects the delivery of a product, a new delivery date will be established with you after the Out of Our Control Event ends. You can cancel the contract if an Event Outside Our Control takes place and you no longer want us to deliver the products to you. Please read your cancellation rights in the Cancellation section above.
FRANCE
The above section titled “PLACING ORDERS ON THE PLATFORM”, subsection “OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT” is deleted in its entirety and replaced by the following:
"OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
We reserve the right to cancel a Contract by sending you written notice in the following situations, without such cancellation being able to lead to the payment of damages or costs other than the reimbursement of any amount paid by you in connection with of the contract we canceled:
your billing information is incorrect or unverifiable;
your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
you are under 16 or under the age required by applicable law to enter into an agreement with DANY DRUG;
Are you a reseller;
we were unable to deliver to the address you provided to us; Where
due to an Event Outside Our Control (see below). "
The above section titled “RETURNS AND CANCELLATIONS”, subsection “RETURN OF ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS” is hereby deleted entirely and replaced by the following:
"DANY DRUG will be responsible for any lack of conformity of the products under the conditions provided for in Articles L. 217-4 et seq. Of the Consumer Code, and hidden defects in these products under the conditions provided for in Articles 1641 et seq. Of the Civil Code French In the event that your complaint is justified, the purchase price and shipping costs will be reimbursed. visit our help section. "
Please note that in accordance with the legal guarantee of conformity, you:
benefit from a period of 2 years from the delivery of the product to submit a complaint;
can choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
do not have to prove the lack of conformity of the product for a period of two (2) years following the delivery of the product.
The legal guarantee of conformity is without prejudice to any commercial guarantee that may be provided.
You can also decide to act under the legal guarantee against hidden defects in accordance with article 1641 of the civil code. In this case, you have the choice between canceling the sale or reducing the sale price, as provided for in Article 1644 of the Civil Code. "
The second and third paragraphs of the section entitled “APPLICABLE LAW / COMPETENT COURTS” are deleted in their entirety and replaced by the following two paragraphs:
“Unless authorized and without limitation of consumer rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from or related to the Platform (including but not limited to the purchase of DANY DRUG products), and exclusively before the competent courts of Amsterdam, the Netherlands.
If you have a complaint, please contact us first through [ contact ]. If you feel that your complaint is not being handled properly, you can - but are not obliged to - use the online dispute resolution platform which you can access via http://ec.europa.eu/odr . In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association of European Mediators (197, Boulevard Saint-Germain, 75007 PARIS, telephone: 09 53 01 02 69) , http://www.mediationconso-ame.com/ . The mediator (s) will attempt, independently and impartially, to reach an amicable settlement of the dispute. In the event of mediation, each party is free to accept or reject the solution proposed by the mediator. "
GERMANY
The last paragraph of the section above entitled "APPLICABLE LAW / COMPETENT COURTS" is deleted in its entirety and replaced by the following:
“All complaints must be presented within two (2) years of the occurrence of the complaint. "
HUNGARY
The section above entitled "APPLICABILITY" is amended by adding the following:
“These Terms of Sale constitute an implied agreement between you and DANY DRUG, unless otherwise satisfied with the requirements of written agreements under Hungarian law. "
ITALY
The above section entitled "PRICE / PAYMENT", subsection "PRICE CHANGES", is replaced in its entirety by the following:
"PRICE CHANGES
Product prices will be displayed on the Platform. Prices may change at any time, but the changes will not affect the orders you have submitted, even if they have not yet been confirmed in an order confirmation. "
The above section titled "RETURNS AND CANCELLATIONS", subsection "RETURN OF ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS" is hereby deleted in its entirety and replaced by the following:
"RETURN OF ORDERS AFTER DELIVERY - DEFECTIVE PRODUCTS
In accordance with article 130 of the Consumer Code, DANY DRUG guarantees the conformity of all goods sold for a period of two years after delivery of the goods. Without prejudice to your rights recognized by applicable law, in the event of a lack of conformity, you have the right to have the goods brought into conformity free of charge by repair or replacement, or to have the appropriate reduction in price carried out, or to see the contract terminated with regard to these products, in accordance with article 130 of the Consumer Code. You have the right to exercise the above rights, in the event that products are defective or not in conformity with your order, provided that you inform us of the lack of conformity within two months from the date on which you have detected such a lack of conformity. In the event that your complaint is justified, the purchase price and shipping costs will be refunded. For practical information on the return, see the help section of the Website. "
The second paragraph of the section above entitled "APPLICABLE LAW / COMPETENT COURTS" is deleted in its entirety and replaced by the following two paragraphs:
“Regardless of the above choice of law, you will benefit from the rights granted to you under Section 1, Title III of the Italian Consumer Code (Legislative Decree 206/2005). "
“Unless authorized and without limitation to any of your rights, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of DANY DRUG products ) are resolved individually, without resorting to any form of class action, and exclusively before the courts of the place where you reside or are domiciled. "
POLAND
The section above entitled "APPLICABLE LAW / COMPETENT COURTS" is deleted in its entirety and replaced by the following two paragraphs:
APPLICABLE LAW / COMPETENT COURTS
You agree that the Platform, the Terms of Sale and any dispute between you and DANY DRUG will be governed in all respects by Polish law.
Unless prohibited and without limitation of the rights recognized to consumers, you agree that all disputes, claims and legal proceedings arising directly or indirectly from the Platform (including, but not limited to, the purchase of DANY DRUG products) be resolved. individually, without resorting to any form of collective action, and exclusively before the competent courts under applicable law.
In case you have a complaint or feel that there is a dispute between you and DANY DRUG, please contact us via [contact ] first. In the event that the dispute between you and DANY DRUG is not resolved, you may - but are not obliged to - use the online dispute resolution platform accessible via http://ec.europa.eu/odr. "