Terms of service
GENERAL TERMS AND CONDITIONS
Version 1.0 – November 5, 2024 (see art. 17)
COMPANY DETAILS
MUCHIN UNITED BV
Diksmuidelaan 20
2600 Antwerp, Belgium
info@muchin.eu
VAT number BE1008.866.910
Article 1: General Provisions
1.1 These terms and conditions from Muchin United BV, with its registered office at Diksmuidelaan 20, 2600 Antwerp, Belgium, will hereafter be referred to as 'Muchin', and its customers/purchasers/resellers will be referred to as 'Customer'.
1.2 All agreements concluded between Muchin and the Customer are subject to the following general terms and conditions, unless expressly deviated from in writing. The Customer’s general terms and conditions are never taken into consideration and are thus completely excluded from the agreement between Muchin and the Customer. The Customer is deemed to have read and accepted Muchin’s general terms and conditions.
1.3 In addition to these general terms and conditions, specific terms may be drawn up depending on the circumstances of certain transactions or work. These additional terms form an integral part of the general terms and, in case of conflicts, take precedence over the general terms.
1.4 Any Customer purchasing from Muchin, in any form, must accept these general terms and conditions. The Customer is required to review these carefully before accepting, in order to avoid future disputes. With each order, the general terms and conditions on the website or the order confirmation at that moment apply, excluding any older or newer provisions.
1.5 The Customer expressly declares that they are of legal age. Muchin reserves the right to cancel the purchase if it appears that the Customer is a minor. In such a case, a damage note equal to the costs incurred by Muchin will be drawn up.
1.6 For the purposes of these terms and conditions, we distinguish between 2 types of Customers:
•"Consumer or Patient" refers to any natural person who, in contracts with Muchin, is acting for purposes that are outside their trade, business, or profession.
•"Practitioner Customer or Health Practitioner" refers to any legal entity or natural person acting for purposes relating to their trade, business, or profession in health care.
Article 2: Quotations
2.1 Quotations are always made without obligation and are valid for 14 days.
2.2 Mere price statements outside the website do not constitute a quotation/formal offer.
Article 3: Conclusion of the Agreement
3.1 Each agreement is always concluded in writing (including via the webshop) and is only final once the order has been completed and payment has been made on the webshop. The agreement between the Customer and Muchin is concluded at the moment Muchin confirms receipt of the order (whether or not via an automatic confirmation email). You will generally receive this confirmation within 24 hours. If this is not the case, you can contact Muchin.
3.2 Orders are processed while stocks last and within the limitations specified in these terms.
3.3 Muchin reserves the right to refuse orders in the event of serious suspicion of abuse of rights or bad faith, or in case of a serious suspicion of commercial purposes unacceptable to Muchin.
3.4 Consumer vs. Practitioner Customer Agreements
For agreements with Consumers, the applicable provisions related to returns, warranties, and consumer rights are governed by consumer protection laws. For Practitioner Customers, different provisions may apply, especially in relation to liability, returns, and warranties, which will be governed by the Belgian Commercial Code and these terms.
3.5 The Consumer/Patient can freely navigate the different pages of the website without being obliged to place an order. If the Consumer wishes to place an order, they select the products of interest. Products can only be ordered by entering a code received via a prescription from a partnering health practitioner, which also includes a link to the product on the webshop. The Consumer/Patient makes the order by clicking "Add to cart". A summary of the order will then appear on the screen. At any time, the Consumer/Patient can review the amount or modify (reduce) the selection of products by clicking on the shopping bag icon (top right). The Consumer/Patient can proceed with the order by clicking "Checkout". The Consumer/Patient must then identify themselves, either by logging in and entering their email address and password (if they already have an account) or by correctly filling out the form displayed, providing the necessary information for identification, including their name, first name, and postal address. During the ordering process, the Consumer/Patient can modify their details, such as the (reduction of) contents of their cart, the delivery, and billing address, before finalizing the order. Shipping costs are borne by the Consumer/Patient unless agreed otherwise.
Once the Consumer/Patient has reviewed the status of their order and all required information has been provided, they must select their preferred payment method. The Consumer/Patient must click "Pay Now" to confirm the order.
Article 4: Graphic Materials, Images, and Content – Product Description
4.1 All images, videos, tutorials, technical properties, descriptions, compatible items or products, and data of this kind are intended to give the most accurate representation of the intended product.
4.2 The aforementioned product description is provided as truthfully as possible. The price mentioned applies only to the items described. The accompanying photo is decorative and may contain elements not included in the price. Muchin reserves the right to cancel orders if the product information or product price was clearly incorrect at the time of the order (especially in comparison with all other products).
4.3 All information developed by Muchin as mentioned in 4.1 remains the property of Muchin and may not be copied, duplicated, or used in any way without written permission, except as allowed by law.
4.4 In case of infringement of the above provisions, Muchin is entitled to a compensation of €1,000 per day for each day the unlawful user uses this information, without prejudice to compensation for greater proven damages.
Article 5: Pricing
5.1 All prices on Muchin's websites are inclusive of VAT for Consumers/Patients. Any shipping costs are not included in the displayed prices.
5.2 Certain prices/offers may be time-limited. This will be stated with the price display.
5.3 Prices are valid while stocks last or until the promotion expires.
Article 6: Shipping
6.1 Shipping is carried out according to the shipping policy.
6.2 When shipping to an address provided by the Consumer/Patient, the Consumer/Patient is responsible for accepting the goods. If they fail to do so, the delivery will be stored at the transporter's facility or returned to Muchin at the Consumer/Patient expense and risk.
Article 7: Delivery Time
7.1 The delivery times as specified in the shipping policy are purely indicative.
7.2 Muchin will deliver no later than 30 days after the conclusion of the agreement. If Muchin fails to meet this obligation, the Customer may request delivery within a supplementary time appropriate to the circumstances. If Muchin fails to deliver within the supplementary time, the Consumer/Patient has the right to terminate the agreement.
Article 8: Payments
8.1 Payment for Consumer/Patient is always made via the website, using credit or debit cards, Bancontact, PayPal, iDEAL | Wero, Shop Pay, Google Pay, Apple Pay, KBC/CBC, or Belfius. Every order is payable immediately at the moment of the agreement's conclusion.
8.2 All payments made by the Consumer/Patient will be applied to the oldest costs, interests, and invoices, in that order, even if the Consumer/Patient places a new order on the website or specifies a different invoice number in the payment reference.
8.3 If the invoice is not paid by the Practitioner Customer on the due date, interest of 8% per year is due on the outstanding amount, without prior notice of default.
8.4 In case of late payment by the Practitioner Customer, a penalty of 10% of the outstanding amount is also due, with a minimum of €2 per invoice, without prejudice to the principal amount, interest for late payment, and all collection, reminder, and prosecution costs.
8.5 If payment is not made, Muchin has the right to suspend any agreements with the Practitioner Customer and deliveries to the Business Customer without the Practitioner Customer being entitled to any compensation or the right to dissolve the agreement.
8.6 Commercial promotions do not entitle the Practitioner Customer to a delay or partial payment.
8.7 Consumer and Practitioner Customer Payment Terms
· For Consumers/Patients, payment is required immediately upon the conclusion of the agreement as per these terms.
· For Practitioner Customers, Muchin may offer alternative payment terms, subject to individual agreements. However, failure to comply with these agreed payment terms will result in immediate suspension of services and may incur interest and penalties as described in Article 8.
Article 9: Conformity and Complaints
9.1 Muchin carefully selects and respects its products to offer optimal quality. The expiration date is stated on the products and must be strictly respected by the Practitioner Customer.
9.2 Visible defects must be reported no later than at the time of delivery, under penalty of forfeiture. Complaints related solely to the invoice must be notified by registered letter within eight days of the invoice date. The complaint must be clearly described and supported by photos. After this period, Muchin will be deemed to have fulfilled its obligations correctly, and the Practitioner Customer will be assumed to have acknowledged the products/invoice as correct.
9.3 Complaints never entitle the Practitioner Customer to suspend payment of an invoice.
9.4 If Muchin deems a complaint to be valid, Muchin may choose one of the following options:
- 9.4.1 Adjust the invoice (if the complaint relates solely to the invoice),
- 9.4.2 Replace the products,
- 9.4.3 Take back the goods on the invoice, dissolve the agreement, and credit the amount/invoice.
9.5 Returns are always at the Consumer/Customer's expense and risk. Muchin only accepts returns after written approval. Goods must be returned to Muchin in their original packaging with the delivery note, in the same condition as when Muchin sent them.
9.6 The warranty expires in the following cases:
- 9.6.1 The expiration date has passed,
- 9.6.2 The products have been damaged due to Consumer/Practitioner Customer actions, such as improper storage or non-compliance with instructions.
- 9.6.3 The Consumer/Patient or Practitioner Customer is responsible for storing the product in a dry location, away from direct sunlight, and in an environment with stable temperatures, avoiding extreme temperature variations. Failure to store the product under these conditions may void any warranty and could lead to product deterioration, for which Muchin is not liable.
9.7 Practitioner Customer Claims:
Complaints by Practitioner Customers must be reported in writing within 48 hours of delivery, with clear documentation of the issue. Practitioner Customers cannot claim the same statutory protections regarding warranties and returns as Consumers, and these will be subject to separate agreements.
9.8 Consumer/Patient Claims
Consumers are entitled to statutory protections regarding defective products and can file a complaint within 14 days of delivery if the product is non-conforming.
Article 10: Limitation of Liability
10.1 Muchin's liability is in principle limited to the purchase amount of the defective product. Unless otherwise required by mandatory legal provisions, Muchin is not liable for indirect or consequential damages, including but not limited to damage to third parties. Muchin does not exclude liability for intentional misconduct or gross negligence by its appointees or agents, nor for force majeure, or for failure to perform a commitment that constitutes one of the main performances of the agreement.
01.2 The expiration date of the products must always be respected by the Practitioner Customer. The quality of the product is guaranteed only if the packaging remains unopened and the product is stored correctly.
10.3 Practitioner Customer Liability
For Practitioner Customers, the liability of Muchin is limited to direct damages and excludes any claims for indirect or consequential losses unless otherwise agreed. The total liability will not exceed the total value of the order.
10.4 Consumer Liability
Consumers retain all statutory protections regarding product safety and liability, as provided by relevant consumer protection laws. All products have been approved by FAVV and have a NUT number to secure safety. All products should be used following the advise and instructions of the health practitioner.
Article 11: Force Majeure
11.1 If, after the conclusion of the agreement, Muchin is unable to fulfill its obligations due to unforeseen circumstances that were reasonably unforeseeable at the time of the agreement and could not be avoided, this will be considered force majeure.
11.2 Force majeure includes, but is not limited to: strikes, government measures, delays in supply, export bans, riots, war, mobilization, transportation impossibilities, import restrictions, negligence by Muchin’s suppliers, disease of personnel, defects in equipment, damages by fire, flood or storm, and any event that is reasonably beyond Muchin’s control.
11.3 In the event of force majeure, Muchin has the right to suspend its obligations or to dissolve the agreement, without being liable for any penalties or compensation. 12.4 If the force majeure situation lasts for more than six months, either party may dissolve the agreement without the Practitioner Customer being entitled to any compensation.
Article 12: Termination of the Agreement
12.1 If the Practitioner Customer fails to meet their obligations, files for bankruptcy, offers a settlement to creditors, or other similar actions, all claims Muchin has against the Business Customer become immediately payable.
12.2 In such cases, Muchin has the right to suspend or terminate the agreement in whole or in part, without being liable for any compensation.
12.3 Muchin is always entitled to claim damages and recover delivered goods.
12.4 If the Practitioner Customer wishes to terminate the agreement, they must first notify Muchin in writing and give a reasonable period for Muchin to fulfill its obligations.
Article 13: Right of Withdrawal
13.1 In accordance with articles VI 47-53 of the Belgian Code of Economic Law, consumers have 14 days to withdraw from the agreement without giving reasons.
13.2 This provision applies only to distance selling contracts concluded via Muchin’s website. If not applicable, the Practitioner Customer cannot rely on this provision.
13.3 The right of withdrawal does not apply to:
- Goods that perish quickly or have a limited shelf life,
- Sealed goods that are unsuitable for return due to health protection, food safety or hygiene reasons, and whose seals have been broken.
13.4 The Customer can only exercise the right of withdrawal by notifying Muchin within the withdrawal period, either by using the withdrawal form or by sending an email to info@muchin.eu.
13.5 The purchased product must be returned in its original condition and packaging.
13.6 Exclusion for Practitioner Customers
The right of withdrawal, as described in this article, applies only to Consumers and not to Practitioner Customers. Practitioner Customers cannot return goods unless otherwise agreed in writing with Muchin.
Article 14: Data Protection
14.1 Muchin refers to its Privacy Policy for the processing of personal data of the Consumer or Practitioner Customer.
Article 15: Intellectual Property and Security
15.1 No intellectual property rights are transferred to the Practitioner Customer.
15.2 The Practitioner Customer is not allowed to transfer received prescriptions and product codes to third parties and must protect their login details.
Article 16: Amendments, Proof, and Translations
16.1 Muchin reserves the right to amend these terms and conditions at any time.
16.2 The Practitioner Customer expressly agrees that the agreement can be concluded electronically.
16.3 The English version of these terms and conditions takes precedence over translations.
Article 17: Disputes and Severability
17.1 All disputes fall under Belgian law, with the courts of the judicial district where Muchin's registered office is located having exclusive jurisdiction.
17.2 Customers may also file complaints with an independent dispute resolution body.
17.3 The invalidity of one or more provisions does not affect the applicability of the remaining clauses.