1. Definitions

The general terms and conditions set out below shall apply to all sales of services (the Merchant) made via the DRWETCHOKO.BE bv (the Company) website and concerning the booking of appointments available on the https://www.drwetchoko.be website (virtual store). The Company reserves the right to modify the services offered at any time, should this be necessary or decided.

Thus, the following terms will mean:

• Buyer – natural person / legal entity or other legal entity issuing an Order.
• These General Terms and Conditions of Sale and Use, and any separate agreement whereby we provide you with Services, shall be governed by and construed in accordance with the rules in force at 1970 Wezembeek-Oppem, 36 Chaussée de Malines, Belgium.
• Goods – any service, including the documents and services specified in the Order, to be provided by the Seller to the Buyer.
• Order – an electronic document which acts as a form of communication between the Seller and the Buyer, by which the Seller undertakes to deliver.

Goods and the Buyer agrees to receive and pay for such Goods.

• Contract – An order confirmed by the Seller.
• Intellectual Property Rights – all intangible rights such as know-how, copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.
• Site – domain https://www.drwetchoko.be and its sub-domains.

2. Contractual documents

By placing an electronic Order on the https://www. drwetchoko.be website, the Buyer accepts the means of communication (email, telephone) by which the Seller carries out its operations. The order will consist of the following documents: the order (with clear indications of delivery and invoicing dates) and its special conditions.

Terms and conditions

If the Seller confirms the Order, this constitutes full acceptance of the terms of the Order. The Seller’s acceptance of the Order shall be deemed to have been acquired upon electronic confirmation (email) by the Seller to the Buyer, without the need for any acknowledgement of receipt by the Buyer. At no time does the Vendor consider an unconfirmed order as having the value of a Contract.

Orders are confirmed electronically (by e-mail) once payment has been confirmed. The general terms and conditions of sale shall constitute the basis of the Contract thus concluded.

3. Seller’s obligations

The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods that meet the Buyer’s requirements and specifications expressed in the Order;

The information presented on the Seller’s websites is for information purposes only and is subject to change by the Seller without notice. Product descriptions may be incomplete, but the Seller endeavors to present the most relevant information, so that the product can be used within the parameters for which it was purchased;

4. Intellectual property rights

The user/buyer understands the intellectual property rights and will not disclose to a third party or make public any information received from the seller. He/she agrees to abide by the rules set out in the CHARTER OF USE – www.drwetchoko.be v3.

5. Rights to site content

The information contained on this site is the property of DRWETCHOKO.BE bv and its founder, Dr Lucie Wetchoko. The content may concern general or specialized information, available to the general public or solely produced and made available for reference, information and useful purposes.

The User/Purchaser is not authorized to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link, display, include any of the above content in any context other than that originally intended by DRWETCHOKO. BE bv, the inclusion of any content element outside the Site, the removal of signs signifying DRWETCHOKO.BE bv’s copyright on the content elements as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content elements, except with the express written consent of DRWETCHOKO.BE bv.

6. Limitation of liability of the site administrator

The user/purchaser understands the limitations of liability and is aware of all the details contained in the CHARTER OF USE – www.drwetchoko.be v3. He/she undertakes to respect the elements presented and understands their content.

7. User subscription to newsletters and alerts

Users of the site have the option of receiving newsletters and alerts by e-mail, with the possibility for Users to opt out of receiving such notifications at any time, by simply clicking on the unsubscribe link of the newsletter/alert on the e-mail explicitly provided at the time of registration.

As access to the services offered via the site is via an active account, i.e. based on a login and password, we recommend that Users do not divulge these elements to third parties, even if they indicate that the site is contacting you.

Also, in order to ensure a higher level of security, at the end of your visit to the site, we recommend that you close the browser window in which you have been working, or click on “Logout” / “Logout” on the page you have visited.

8. Billing and payment

All payments must be made online. All useful means are available to facilitate these payments.

In the event of payment difficulties, and if payment must be made manually (bank transfer), confirmation of the purchase of goods will only be made once payment has been received. The price is fixed by DRWETCHOKO.BE bv and may be revised at any time, without notice or warning. The amount to be paid will be clearly indicated when the order is placed.

If the price changes between the time the buyer places the order and delivery of the goods, a surcharge may be levied.

The buyer will be notified in time to decide whether or not to cancel the order following the price increase, without prejudice to the buyer.

Invoices are not issued automatically, but can be requested individually, if necessary, by sending a clear request to contact@drwetchoko.be. All invoices will be sent electronically (email).

Invoice requests must include at least the following details:

• NAME and first name of the person concerned
• Person’s full address
• Date of service (consultation)
• Any additional details required to appear on the invoice.

9. Responsibilities

The Seller undertakes to ship the Goods and Services by door-to-door courier to the Buyer.

The Seller discharges all risk and liability associated with the Goods and Services upon their delivery to the national courier company with which the Seller works or to the Buyer’s representative.

The Seller undertakes to provide services directly to the center or by videoconference, and to provide information and accompanying documents.

The Seller may decide to postpone delivery of the service if the essential information to be provided in advance is not complete.

The seller reserves the right to add a surcharge if preparation takes longer than necessary. Prices are available on the website in the presentation of all services. The applicable conditions of sale are available on the service purchase page.

In the event that prices or other product details have been incorrectly displayed, including as a result of being incorrectly entered into the database, the seller reserves the right to cancel delivery of the respective product and to inform the customer as soon as possible of the error that has occurred, if delivery has not yet taken place.

The Seller shall not be liable for any damage caused by the non-operation of the site, nor for any damage resulting from the impossibility of accessing certain links published on the site.

The maximum amount of the Vendor’s obligations to any customer in the event of non-delivery or incorrect delivery is the amount collected by the Vendor from that customer.

Products sold on the site are intended for personal use, and their resale is strictly forbidden, in accordance with the Fiscal Code.

10. Product delivery

Delivery is not free of charge and is carried out by express courier as described in the “Delivery” section.
Our products are sometimes made to order, which means production and delivery times of up to 14 working days from the day the order is processed.

Orders are processed as soon as possible after the order is placed, Monday to Friday from 10:00 to 18:00. Orders placed outside working hours (Monday to Friday, 10.00am to 6.00pm) or at weekends will be processed on the first working day. During public holidays and sales periods, delivery times may be extended.

11. Acceptance

Acceptance will be made when the Goods conform to the technical characteristics mentioned in the Order. If the Buyer discovers that the delivered Products do not conform to the specifications, then the Seller will bring the Products into conformity.

12. Processing of personal data

In order to ensure compliance with Website users’ right to personal data protection, we have implemented specific protection measures, taking into account Romanian legislation, as well as the requirements established by Regulation (EU) 2017/679 – applicable throughout the European Union as of May 25, 2018 (“the Regulation”).

Personal data is any information that allows you to be identified, in particular by an identifier such as a name, identification number, location data, online identifier or one or more elements related to your physical, physiological, genetic, psychological, economic, cultural or social identity.

Our company takes all necessary measures to ensure that your right to the protection of personal data is respected, and these conditions represent the notification established by art. 13 or 14 of the Regulation explaining why we collect your personal data, how we protect this data and what your rights are in relation to this data collection.

We encourage you to read the document carefully and to ask us for any additional information or clarification you deem necessary regarding the content of this disclosure.

1) General considerations regarding your personal data

In accordance with Regulation (EU) 2017/679, DRWETCHOKO.BE bv will administer the personal data provided by Users securely and only for the specified purposes. By means of the TOU, Users are informed that the personal data they provide will be processed for the purpose of DRWETCHOKO.BE bv offering Internet services, services for the supply of goods and services, advertising, marketing and publicity services and statistical services under optimal conditions.

DRWETCHOKO. BE bv carries out the following processing operations: collection, recording, organization, storage, adaptation, modification, retrieval, consultation, use and, in some cases, transmission to third parties, on the exclusive and regulated basis of the Order of Physicians and the GDPR, security and confidentiality, as well as respect for the rights of the user, of the personal data of users of the site in order to administer, maintain, improve and obtain information on the services they offer, as well as to prevent errors and leaks of information through own computer network, violations of law or contractual clauses.

The personal data to be collected may be used, in particular, for the automatic creation of profiles (for Users having expressed their explicit consent) and to personalize as far as possible the services offered to Users via the site and for marketing purposes. The automatic creation of profiles will not involve the data of minors, and their personal data will not be processed for this purpose.

Personal data will be provided by Users, at their option, when creating a valid account on the site or subscribing to a service available on the site, in order to benefit from the services and products offered through it. When registering on the site, the User is asked to provide certain personal data, such as first and last name, date of birth, e-mail address, telephone number and other personal information.

The User is solely responsible for all data provided when creating a user account on the site. To confirm the data and the account, the User will be notified at the email address declared when the account was created. This confirmation email is intended to stop fraudulent actions by users who use other people’s email addresses to create fictitious accounts. If you receive such a message, if you are not personally registered on the site, please send us an email to contact@drwetchoko.be to delete the respective account within a maximum of 3 working days. The email will contain, in pdf format, the current version of this contract.

The User profile form contains editable fields for modifying or supplementing the data entered when the account was created.
The User is not obliged to provide this data, as it is necessary i) for proof of use of the site and ii) for the provision of services under optimum conditions through it, for publicizing promotional campaigns, for advertising purposes, for personalized marketing and advertising actions and for the User’s access to additional facilities. Refusal by the User to provide the requested data will result in non-participation in promotional actions organized via the site and non-use of additional facilities and services offered exclusively to Users with an account on this site.

The website can also be used if the user decides not to create a profile by providing personal data, with the exceptions set out in the cookie policy (Charter of use – www.drwetchoko.be – v3)
In accordance with Regulation (EU) 2017/679 and Law no. 677/2001, Users enjoy the right of access, intervention on data, the right not to be subject to an individual decision and the right to take legal action. At the same time, Users have the right to object to the processing of their personal data and to request the deletion of such data.

To exercise these rights, Users may send a written request to this effect by e-mail to contact@drwetchoko.be, marked “Request for personal data”.

The site undertakes not to send spam (commercial messages for which it does not have the prior explicit consent of the User) and to use all available technical means to ensure the security and confidentiality of User data.

The site reserves the right to terminate, without notice, the accounts and access of members who violate the GCU, undertake activities proven to be fraudulent, slanderous or attack the security and confidentiality of information within the site or the company operating the site.

2) The personal data we collect, the basis of collection and the purposes of collection

As part of the online communication relationship established between the site and the user, we collect and process your personal data, the collection and processing of which is necessary to provide informative and promotional content to the user, following the user’s completion of personal data personally voluntarily, within the site, by accessing one or more of the headings: create an account, update the account, subscribe to the newsletter, fill in an online questionnaire, fill in an online form, to obtain personalized information or commercial advantages, as part of campaigns promoted on the site.

The reasons for collecting personal data on the site may be as follows:

• the data subject has given his or her consent to the processing of personal data for one or more specific purposes
• processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject prior to the conclusion of a contract.
• processing is necessary to fulfill a legal obligation towards the operator.
• processing is necessary to protect the vital interests of the data subject or of another natural person.
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the operator.
• processing is necessary for the purposes of the legitimate interests pursued by the operator or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail, in particular where the data subject is a child.

In the lists below, we set out in detail what personal data is collected, as well as the basis, purpose and duration of its collection. The provision of the data indicated below is not compulsory in order to view the Site, with the exception of that relating to Cookies.

The data indicated is only necessary to provide specific services to the Users who provide it.

Personal data we collect: Last name, first name, e-mail address, telephone number, geographical location data, postal address, link to social networking profiles.

Reasons for collecting this data: Purposes for collecting personal data:

To provide access to content and answers to questions and requests submitted by the user online, to transmit communications, offers and benefits consisting of access to services and products

Method and period of data collection:

Within the secure database, until expressly requested to be deleted by the user, or up to 10 years from the user’s last activity on the site. After 10 years, the data will be electronically anonymized.

Personal data we collect: Cookies, timestamps (date and time of access), site browsing history.

Basis for data collection:

Purposes of personal data collection: to monitor site traffic and access history, to create content hierarchy and identify the content most relevant to the user.

Method and period of data collection: within the secure database, until expressly requested to be deleted by the user or up to 10 years from the user’s last activity on the site. After 10 years, the data will be electronically anonymized.

3) How we store your personal data, location, retention period

We will store your personal data for a period that does not exceed the period necessary to achieve the purposes for which the data is processed and, in cases where we have a legal obligation to store your personal data for a certain period, the storage period will be that provided for by law. Depending on the specific situation, this period will vary, ranging from 1 day to 10 years.

For a clear understanding of how we store, where your personal data will be stored and the exact period for which this data will be kept in our files or systems, please refer to the table above.

In order to guarantee the user’s right to protection with regard to the processing of personal data, we implement, for certain categories of data that are sensitive or may significantly affect rights, special technical and organizational measures to protect these categories of personal data.

4) Users’ rights to personal data and how to exercise them

In order to protect data to the highest possible level, the user has a series of rights regulated by law, which we present briefly in the following, asking that for any further details, please do not hesitate to contact the staff of the Data Protection Officer within our Company using the following contact details: contact@drwetchoko.be, chaussée de Malines, 36 à 1970 Wezembeek-Oppem, Belgium.

Right of access

The user has the right to access his/her personal data that we process, as well as the right to obtain copies thereof. At the user’s request, the first such copy will be provided by us free of charge, with the understanding that any further copies you request may be subject to a charge corresponding to the effort required to extract and format for transmission. Copies of personal data may be provided to you in either electronic or physical format, depending on your request and the nature of the data requested. To request information on personal data existing on the site, as well as to request the partial or total deletion of such data, it is necessary to address the request using the e-mail address contact@drwetchoko.be or to send a letter by post or courier to the DRWETCHOKO.BE bv head office.

The user also has the right to obtain any additional relevant information (such as the reason for processing personal data, the categories of personal data we collect, information on the processing and disclosure of such data and any other such information).

The right to rectify data

Users have the right to obtain rectification of any inaccuracies in their personal data processed by us. He/she also has the right to obtain the completion of any incomplete personal data. All users are invited to contact the site at contact@drwetchoko.be whenever they become aware of any inaccuracy in their personal data or that their personal data processed by DRWETCHOKO.BE bv is incomplete.

The right to delete data

The user has the right to delete personal data. This right is not absolute, which means that the law imposes certain limitations on the exercise of this right (“the right to be forgotten”).

The right to limit data processing

The user has the right to obtain the restriction of the processing of his/her personal data that we collect and process, in particular if he/she disputes the accuracy of the data, if the processing of the data is unlawful or if the processing of the data is no longer necessary, according to the law.

Right to object

The user has the right to object to the processing of personal data by us, in particular if the processing is carried out for marketing purposes or for reasons related to the particular situation in which he finds himself, in which case his data must be anonymized as soon as possible. The user must be informed of the objection and the anonymization of his or her data within a specified time.

The right to withdraw consent

For personal data processed on the basis of consent, the user has the right to withdraw consent at any time, as easily as he or she originally gave it. However, withdrawal of consent will not affect the lawfulness of data processing carried out by us prior to the withdrawal of consent. The right to withdraw consent is not absolute, which means that there are cases where data will not be deleted following withdrawal of consent (for example where personal data is used for the website to comply with a legal obligation). Withdrawal of consent applies from the moment of registration, and will be carried out within a maximum of 3 working days from registration.

The right to file a complaint with the competent authority
he user has the right to lodge a complaint with the National Authority for the Control of Personal Data Processing with reference to aspects concerning the processing of personal data by our company.

Automated decision-making, including profiling and the right to request that decisions based on or significantly affecting automated data processing be taken by natural persons, and not just by computers

Personal data is collected and processed as part of an automated decision-making process in order to personalize the information and commercial communications sent to you. Automated decision making regarding health data is based on your express consent.

During these processes, your data is protected by special security measures such as data encryption and advanced security on the database server.

You have the right to request modification of the way in which your personal data is processed automatically by requesting verification of the automated process by human intervention. To do so, please contact us at contact@drwetchoko.be

Exercising your rights

In order for its user to exercise the rights specified above, to ask us any questions regarding these rights or to request clarification on any of the provisions of this information, please contact us at any time using the contact information.

How to submit requests or complaints – contact person
To obtain further information on personal data, on the way in which data is collected, processed and protected or to request clarification regarding those mentioned in these general terms and conditions, any user may contact the person responsible for personal data protection within the company at any time, by sending an email to contact@drwetchoko.be. or by post to chaussée de Malines, 36, 1970 Wezembeek-Oppem, Belgium.

13. Force majeure

Neither party may be held liable for non-performance of its contractual obligations if such non-performance is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.

14. Special offers

DRWETCHOKO.BE bv has no current special offer campaigns.

15. Modification of terms and conditions

DRWETCHOKO.BE bv reserves the right to modify at any time and in any way whatsoever any of the provisions contained in the General Terms and Conditions of Sale or the General Terms and Conditions of Sale in their entirety, without any prior notification and without being required to fulfil any other formality towards Users. Any modification is fully and unreservedly accepted by the Users of the site by the mere fact of using or accessing the site or any service offered by the site, occurring at any time after the operation of the modification, and the non-acceptance of any modification entails the obligation of the respective User to immediately cease accessing the website and/or using in any way whatsoever the services offered by it.

Applicable law and litigation.

The provisions of the Charter are governed in their entirety by Belgian law, as are all relations between the Company and users of the Site concerning the use thereof.

In the event of a dispute, only the courts of the judicial district of Wezembeek-Oppem shall have jurisdiction.

The information contained in this Site is subject to change without notice.

 

Copyright ©2023 DRWETCHOKO.BE bv. All rights reserved.
DRWETCHOKO.BE bv, chaussée de Malines, 36 – 1970 Wezembeek-Oppem (Belgium) – contact@drwetchoko.com
Updated on 05/04/2023 – Version [ver 3]