General Terms and Conditions
General Terms and Conditions
Pharmacie Gillain (Marco CARDONI) is the publisher and operator of the mapharmacie.lu website.
The purpose of the pharmacy is the sale of pharmaceutical and parapharmaceutical products in the pharmacy and in online sales, in particular by electronic means via this e-commerce site.
These general terms and conditions of sale govern all contracts concluded from the website accessible at the URL address https://mapharmacie.lu
They are concluded between:
Pharmacie Gillain, 2, rue du Commerce L-3450 Dudelange, on the one hand,
and the private, non-professional customer, on the other hand.
The customer and Pharmacie Gillain will be collectively referred to as the parties.
Pharmacie Gillain, as a pharmacy, is subject to the professional rules governing the supply of pharmaceutical products in Luxembourg.
These General Terms and Conditions of Sale are deemed to be dependent on the regulations in force for this particular activity.
Any order placed on the mapharmacie.lu site necessarily implies the unreserved acceptance, by the customer, of these general terms and conditions of sale.
The language of these general terms and conditions of sale is English.
Article 1: Definitions
The terms mentioned below have, in these general terms and conditions of sale, the following meaning:
Products: refers to all products available on the website https://mapharmacie.lu such as parapharmacy products other than those that are medicinal products within the meaning of the legislation.
Drugs: drugs that can be delivered online.
Pharmacie Gillain: refers to the e-commerce site accessible at https://mapharmacie.lu. Includes all hosted web pages and products offered to customers.
Client: refers to the contracting party of Pharmacie Gillain, which guarantees to be a private individual consumer as defined by Luxembourg law and case law.
General Terms and Conditions of Sale or GTC: refers to this contract deemed accepted by the parties.
Delivery: the delivery is considered as carried out from the date of the first presentation of the products to the delivery address mentioned at the time of the order by the customer.
Article 2: Purpose of the contract
The purpose of these GTC is to establish the contractual provisions relating to the respective rights and obligations of the parties in connection with the sale of products carried out on https://mapharmacie.lu
Article 3: Modification of the GTC
Pharmacie Gillain may modify these GTC at any time. The customer will be informed of the nature of these changes as soon as they are posted on the website mapharmacie.lu.
The changes will take effect 30 days after they are posted on the site.
Article 4: Proposed Products
Online product presentation.
All products are described by Pharmacie Gillain as precisely as possible based on information provided by laboratories and suppliers validated and completed by our pharmacists.
Most products are supplied with instructions for use in French and German, where applicable, the precise conditions of use are indicated on the product packaging.
Pharmacie Gillain endeavours to add photographs of the packaging on several views as well as those of the products outside the packaging in order to allow the user to read the indications as if he was physically in front of the product.
In case of doubt about the characteristics of a product, the customer can contact a pharmacist at the following number: +352 511540 or by email firstname.lastname@example.org. The photos are not contractual.
The products ordered and the promotional offers offered by Pharmacie Gillain on its website mapharmacie.lu are only valid within the limits of available stocks.
Product offers and prices are only valid as long as they are visible on the mapharmacie.lu website and within the limits of available stocks.
In order to guarantee the maximum availability of the products put online, the Gillain Pharmacy updates stocks in an automated way.
Despite these precautions, it could happen that a product is no longer available because it is sold simultaneously in our pharmacy. If necessary, the customer would be immediately informed and reimbursed in the event of unavailability exceeding a period acceptable to him.
Purchasable quantity limits per customer per day
For certain products put online, in accordance with the regulations and/or contractual sales conditions imposed by certain laboratories, a maximum purchase quantity per day and per customer may be set up. Any order that exceeds these quotas will be immediately cancelled and refunded.
For drugs sold online, the pharmacist who validates the order checks the quantities ordered to avoid any overdose. A smaller quantity may therefore be required and immediate reimbursement will be made for undeliverable items (excess quantities or inadequacy with certain specified health criteria).
The quantity that can be ordered online for each drug is also limited to 3 (three) boxes to avoid any overdose.
In order to guarantee your safety, and within the framework of the regulatory obligations incumbent on us, the customer must verify that the drug ordered online does not require a prescription in his country of delivery and is authorized and complies with the legislation in force.
Article 5: Prices
All our prices are indicated in euros inclusive of all taxes (TTC), and are ex works from our Pharmacy, packaged and packed by us. The customer can choose to pick them up directly from the Pharmacy or have them shipped.
Shipping costs are the responsibility of the buyer.
Customs fees that may be charged to the Customer by the administrations of his place of delivery are not included in our prices, and the Customer must make it his personal responsibility.
The prices of the products take into account the VAT applicable on the day the contract is concluded. Any change in rate may be reflected in the price of the products.
All orders placed on the mapharmacie.lu website are payable at the time of ordering by credit card, PayPal or bank transfer.
Pharmacie Gillain reserves the right to modify the price of the products at any time, but the products are invoiced on the basis of the prices in force at the time the orders are placed.
Article 6: Ordering
The customer will be able to place an order:
– On the website accessible at https://mapharmacie.lu
– By phone at +352 511540 or fax: +352 517198
Pharmacie Gillain reserves the ownership of the products until full payment of the order, i.e. upon receipt of the price of the order by Pharmacie Gillain.
Pharmacie Gillain will only bear the risks weighing on the products until they leave the pharmacy, i.e. by their direct assumption by the customer or by the carrier. However, Pharmacie Gillain remains responsible for the packaging and packaging of the products and the Customer must notify Pharmacie Gillain within 48 hours by e-mail: email@example.com or by telephone on +352 511540 if he notices an error in the contents of the package or any defective product.
Article 7: Delivery
As indicated in article 5 of these general terms and conditions of sale, our prices include VAT ex works in our pharmacy. Shipping and delivery costs are not included in our prices and are the exclusive responsibility of the buyer.
The Customer may choose, if he wishes to be delivered by one of the carriers offered by Pharmacie Gillain, or the package being made available to him at the pharmacy by choosing “collection at the Pharmacy” in the delivery methods indicated in the ordering process.
The products available on the mapharmacie.lu website can be delivered to all EU countries. For other countries, please contact us.
The financial conditions for the various destinations are also available on the “Delivery methods” page.
The delivery time begins to run once the order has been fully paid for. This time will be specified on the customer’s order verification page and depends on the delivery solution chosen. Orders validated before 12pm are processed the same day, orders validated after 12pm will be processed the next day. The normal delivery time is 1 to 3 days.
Pharmacie Gillain cannot be held responsible in the event of delay attributable to the carrier.
A customer who refuses the delivery of his order cannot claim a refund or a new shipment of the said package.
A customer who has given an incorrect address or telephone number (necessary for delivery) cannot claim a refund or a new shipment of his package.
The Customer is obliged to check the conformity of the delivered goods at the time of delivery. Any anomaly concerning the product (damage, missing product compared to the order form, damaged package, broken, defective products,…) must be indicated as soon as possible (2 working days) and this in accordance with the terms and conditions of article 9 of these GTC.
The products are no longer under the responsibility of Pharmacie Gillain as soon as they are handed over to the buyer or the carrier. However, Pharmacie Gillain remains responsible for the packaging and packaging of the products as indicated in Article 6 of the GTC.
Article 8: Compliance and legal guarantee
For defects in conformity, the customer must mention as soon as possible upon delivery, in accordance with article 8 of these GTC, all defects in conformity with Pharmacie Gillain, via the mapharmacie.lu website from the contact page accessible at https://mapharmacie.lu by choosing the theme “Product return”, specifying the following information:
Name First name and address
Reference of the item(s) to be returned
Reason for return for non-compliance
However, this warranty is limited to normal use of the product. If the lack of conformity is proven, the Customer can either obtain the repair of the product within 30 days when possible, or its replacement.
In the event that the customer’s choice results in a cost that is clearly disproportionate compared to the other option offered to him, in view of the value of the product or the importance of the defect identified, Pharmacie Gillain reserves the right to opt for the second solution offered.
Similarly, in the event of an impossible replacement or repair, Gillain Pharmacy undertakes to return the price within 14 days in exchange for the return of the product by the customer to the following address: Pharmacie Gillain – Returns – 2, rue du Commerce – L-3450 DUDELANGE
Pharmacie Gillain is not liable for any apparent defects that the customer may have noticed and of which he may have been convinced.
However, all products benefit from the legal guarantee against hidden defects which make them unfit for the use for which they are intended, or which reduce this use to such an extent that the buyer would not have acquired them, or would have given only a lower price, if he had known them.
Any liability of Pharmacie Gillain is exclusively limited to the value of the product in question, determined on the date of its sale.
In case of a return, under the conditions of this article, the customer must return the product to the above-mentioned address after having obtained the return code for his request by phone or e-mail firstname.lastname@example.org. In addition, the customer has an after-sales service that can be contacted by telephone (Tel: +352 511540 or by e-mail email@example.com)
Article 9: Right of withdrawal
The Consumer Customer has a withdrawal period of 14 days from the receipt of his order. The right of withdrawal does not entail any penalty.
To obtain a refund or exchange, the customer must return the new products (with the invoice) at his own expense and under his responsibility, in their original packaging, intact, accompanied by any accessories (such as and among other operating instructions and documentation) to the following address: Pharmacie Gillain – Returns – 2, rue du Commerce – L-3450 DUDELANGE
The shipping costs related to the return of the products are not reimbursed by Pharmacie Gillain (unless the error is the responsibility of the latter).
For a better treatment of your file, we advise you to formulate your request for return of goods by using the contact form: Product return
Attention, for hygienic and regulatory reasons, some products do not fall within the scope of this right of withdrawal, in particular medicines.
Indeed, medicinal products are health products which, by their nature, are likely to deteriorate and which must imperatively integrate a secure supply chain preventing any reintegration into the circuit of a product that has left (sold).
In addition, the following pharmaceutical products cannot be returned:
– Products whose protective caps or seals have been opened.
– Products without a lid intended for bodily use since they cannot be reintroduced into the sales channel.
– Baby foods and food supplements that are sensitive to storage conditions.
– the supply of goods or services whose price depends on fluctuations on the financial market beyond the company’s control that may occur during the withdrawal period.
– all medications
Any merchandise that is unpackaged or bears fitting, use/wear marks will be systematically refused, especially if it is a product in direct contact with the skin.
Article 10: Protection of personal data
In the course of operating the mapharmacie.lu website, Pharmacie Gillain is obliged to collect personal data. The collection of personal information for the purpose of distance selling is mandatory, as this information is essential for the processing and delivery of orders. The lack of information leads to the non-validation of the order. These data will be processed in accordance with the purposes intended at the time of collection. Pharmacie Gillain undertakes never to communicate the details of its customers to a third party. The customer has the possibility to consult and also modify his information at any time via the My Account page.
Article 11: Liability
Pharmacie Gillain cannot be held liable under any circumstances in the event of non-performance or improper performance of contractual services attributable to the Customer, in particular during the entry of the order. Pharmacie Gillain cannot be held liable, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the Luxembourg courts and tribunals.
Pharmacie Gillain (and its titular pharmacist) cannot under any circumstances and in any way be held liable for any damage of any kind that may result from the misuse of the products marketed.
The responsibility of Pharmacie Gillain or its titular pharmacist cannot even be sought for any possible modifications of the products that may be made by the manufacturers.
The liability of Pharmacie Gillain will, in any event, be limited to the amount of the order and may not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products. In particular, the photos on the site are provided for information purposes only. Under no circumstances may a modification of the container or content of a product be invoked in the event of a discrepancy with the photo available on the site. The notices published in the product sheets are for information purposes only. The customer undertakes to read carefully the instructions displayed by the manufacturer on or in the packaging of the product. It is this manual that contains the information (and in particular dosages and contraindications) that the user must respect.
This site contains links to other websites. Neither Pharmacie Gillain nor its licensed pharmacist can be held responsible for the current or future content of these sites, nor for the content of external sites that have a link to the mapharmacie.lu site.
Article 12: General provisions
If any of the provisions of these GTCs should be invalid with regard to a current legislative or regulatory provision or a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other provisions which shall remain fully applicable. The mapharmacie.lu website is subject to the professional rules applicable to the sale of pharmaceutical products, as an extension of a pharmacy registered at the medical college.
Article 13: Archiving of the contract
Any contract concluded on our website (data relating to your order and General Terms and Conditions in force on the day of your order) is archived for a period of 10 years. You can access the archived contracts by sending a request by e-mail to firstname.lastname@example.org or by post to Pharmacie Gillain – 2, rue du Commerce – L-3450 DUDELANGE
Article 14: Intellectual Property
The texts, layouts, illustrations, photos, product sheets and other elements appearing on this site are protected by copyright and, in general, by the principles of intellectual property law. The content of the mapharmacie.lu website may not be copied. It may not be modified, placed on another site or published in any form without the prior written permission of mapharmacie.lu. This site may also contain texts, illustrations and other elements protected by the copyright of third parties. Pharmacie Gillain does not in any way and under no circumstances authorize the use of its intellectual property or that of third parties.
Article 15: Applicable law
The interpretation and execution of these General Terms and Conditions of Sale, as well as all acts resulting therefrom, are subject exclusively to Luxembourg law. In the event of a dispute between the parties concerning the interpretation, performance or termination of the Contract and the services provided, the parties shall endeavour to settle it amicably.