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Terms and conditions of sale

Please read these terms and conditions (''Terms'') carefully. They contain important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for products on the myk.no website, you accept and agree to these Terms. A binding contract will only be formed upon Pharmatech Norway AS giving notice of its formal acceptance of an order.

The purchase of any products offered on the myk.no website to a country other than Norway is subject to the present Terms. All purchases in Norway are subject to our Norwegian terms and conditions of sale.

Orders may only be placed on the myk.no website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of products purchased on the myk.no website is strictly prohibited.

These Terms may be updated at any time. You can access the most current version of the Terms at any time by contacting our customer services.

For each order on the myk.no website, your acceptance of the current Terms in force at the date of the order will be requested.

Content of agreement

1. Parties and definitions
2. Application of terms and conditions
3. Prices
4. Order acknowledgement
5. Order confirmation
6. Payment
7. Availability
8. Delivery
9. Risk and title retention
10. Right to return
11. Defective products
12. Liability limitations
13. Data protection and privacy
14. Governing law and disputes
15. Statutory rights
16. Export control

1. Parties and definitions

Pharmatech Norway AS (''Pharmatech'') is the seller of Products and/or the supplier of Services for the purposes of Customer's rights and concerns relating to Products and/or Services.

Pharmatech Norway AS is a company registered in Norway, with registered company number: 974 451 115.
Address: c/o Zubly AS, Haslevollen 3F, 0579 Oslo, Norge
E-mail: kundeservice@myk.no
Phone: (+47) 900 53 320

You (''Customer'') are the person placing the order.

2. Application of terms and conditions

Your purchase of Products or Services, whether through a Pharmatech website or a Pharmatech telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.

3. Prices

The prices of Pharmatech products are in NOK (Norwegian kroner), inclusive of taxes. Except for cases of reimbursement stated hereinafter (see ''Right to return''), Pharmatech will not reimburse the VAT applied on the purchases made on the myk.no website (in particular for an order to an address outside of Norway). The final amount of your order includes all taxes and delivery fees.

Pharmatech reserves the rights to amend at any time and without any previous notice the prices of the products on the myk.no website. The invoicing of the products is based on a prices on the myk.no website at the time of the order, subject to the availability of the products ordered at this time.

4. Order acknowledgement

By placing an order, you make an offer to Pharmatech to purchase the Products and/or Services you have selected on these terms. Pharmatech may or may not accept your offer at its discretion. Any Contract is dependent and conditional upon Pharmatech's verification of availability and confirmation of both your Order and your credit card or other payment details. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. Generally, Pharmatech has 14 days as of the receipt of your placed order for such verification and confirmation. As long as Pharmatech has not confirmed both of the above mentioned points, Pharmatech is not obliged to provide Products and/or Services.

Pharmatech may in its sole discretion accept or reject orders, or advise you of its inability to process orders.

Information contained in our advertising, brochures, other written materials, on the Pharmatech websites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.

5. Order confirmation

Upon receiving your order, Pharmatech will send you an order confirmation by e-mail. Pharmatech advices that you control the details of the order confirmation. If the confirmation is not in accordance with the placed order in terms of type of products, quantity, etc., you should contact Pharmatech in reasonable time.

6. Payment

Any order placed on the myk.no website has to be paid for immediately at the time of ordering. All orders are payable in NOK. We only accept payment by credit or debit card on orders outside of Norway. We accept payment by Mastercard® and Visa®.

Your debit or charge credit card will have been debited by the time the goods are dispatched. If any of the ordered items are unavailable (see ''Availability'' below), only the price and the delivery cost of the available products will be debited.

By placing an order at the myk.no website, you warrant that you are at least 18 years old (or have parents' permission to buy from us).

7. Availability

Pharmatech does not guarantee the availability of any Product on the myk.no website. Pharmatech reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.

8. Delivery

Pharmatech aims to deliver promptly, and no later than 30 days after the order was placed unless a delivery date has been specified. Any dates given by Pharmatech for the delivery of products are estimates only, and Pharmatech cannot and does not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by Pharmatech as binding.

However, you have the option of cancelling your Order at any stage prior to dispatch of your Products by Pharmatech. You may also have a right to return Products after they have been delivered (see ''Right to return'' below).

If Products cannot be delivered by any estimated or target dates given by Pharmatech, Pharmatech may elect to cancel the order and refund any money paid by the Customer. If the delay of delivery is not due to gross negligence or intent on Pharmatech’s side, Pharmatech is solely liable to refund any money paid by the Customer to Pharmatech; right for damages based on delay in such an event is excluded.

Pharmatech will use its discretion in selecting a reputable carrier and appropriate means of delivery.

9. Risk and title retention

The products ordered remain the property of Pharmatech as legal and equitable owner and no property in or title to the ordered products shall pass to the customer until full payment for the products has been received by Pharmatech.

However, you assume the risks (in particular the loss, theft or damage) relating to the delivered products from the date of the delivery.

10. Right to return

You may return purchased Products for any reason for a full refund of the Product purchase price and any standard delivery costs paid within 14 calendar days following the date you receive the Products. To exercise your right to withdraw from your Contract you must provide Pharmatech with an unequivocal statement to inform us of your decision within the above mentioned time period. The easiest way to do so is to contact us by email or telephone.

When you contact us you will be given a Pharmatech return reference number. Please display the Pharmatech return reference number prominently on the outside of the parcel in which the Products are returned. Your Pharmatech invoice should be enclosed with the returned Products.

Pharmatech is permitted by law to reduce your refund to reflect any reduction in the value of the Product if you have used the Product beyond normal handling or inspection. If you return Products (1) which you have damaged or used beyond normal handling, (2) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, Pharmatech retains the right either to refuse to refund Product purchase price (subject to applicable local law), or Pharmatech may reduce any payments to be refunded to you for the diminished value of the goods. Any delivery costs paid by you exceeding the standard delivery cost may not be reimbursed.

On return of Products, Pharmatech will, subject to the above limitations, repay the actual amount paid to Pharmatech within 14 days, less any fees and charges due to Pharmatech due to the diminished value of the product, by crediting your relevant credit card or bank account (or ther means) you used as a means of payment for the initial Order.

The issue by Pharmatech of a return reference number shall not constitute an acceptance or acknowledgment that you qualify for the right to return Products or obtain a refund as this will be subject to verification by Pharmatech.

11. Defective products

Upon delivery of Products purchased from the myk.no website, Pharmatech advises that you control that the Products are not defective. Pharmatech is under a legal duty to consumers to supply Products that are in conformity with your contract with Pharmatech.

If your Product is or becomes faulty through no fault of your own then you may be entitled to a refund, repair or replacement of your Product. Please contact Pharmatech customer support via the 'Support' section of the myk.no website.

If you are purchasing a Product as a consumer you benefit from legal rights under EU law in relation to the sale of defective, non-conforming or mis-described Products, for a minimum of 2 years depending on your country of purchase (national laws may give additional rights). These statutory rights apply, and you may enforce them. These legal rights are not affected by anything else in these terms.

12. Liability limitations

These Terms set out the full extent of Pharmatech’s obligations and liabilities in respect of the supply of, or failure to supply, Products or Services. Pharmatech is not liable to you (or any other parties):

  • for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from Pharmatech's gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
     
  • for 1) inability to order Products or Services via the myk.no website or other media, or 2) damages which occur due to unauthorized access by a third party to your Order account.

This clause and the limitations of liability apply also to Pharmatech named as the guarantor (if any), in the relevant Guarantee.

13. Data protection and privacy

By submitting orders you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the laws of Norway; subject to the situation that these Personal Data are required to process your order and to fulfil our legal obligations.

The personal data can be used for purposes other than sales, for instance newsletters, only with your consent.

14. Governing laws and disputes

  • Any agreements and documents to which these General Conditions apply shall be exclusively governed by the laws of Norway.
     
  • Any disputes arising from any agreements or documents to which these General Conditions apply shall be exclusively submitted to the competent courts in Norway.
     
  • Applicability of the United Nations Convention on the International Sale of Goods (CISG, 1980) is explicitly excluded.
     

15. Statutory rights

These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.

16. Export control

You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.

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