1, INTRODUCTION

1.1. These General Terms and Conditions of Sale (hereinafter referred to as “General Conditions”) are only applicable between LAM DONG PHARMACEUTICAL JOINT STOCK COMPANY – LADOPHAR (Corporate Certificate No: 58 000 000 47 issued by the Department of Planning and Investment of Lam Dong Province for the first time on 04/01/2000. Change 20th on 06/07/2017) is a company incorporated in Vietnam and with registered office at 18 Ngo Quyen- Ward 6- Da Lat City- Lam Dong Province, Vietnam (hereinafter referred to as “LADOPHAR”) to any person who places an order on LADOPHAR web site – ladophar.com, (hereinafter referred to as “Customer”) or “you” and together with LADOPHAR, collectively, the “Parties”).

1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the provision of any product on the Website (“Product”) to Customer.

1.3. Without prejudice to the other provisions of these General Conditions, by using the Website or purchasing any Products, you represent, warrant and be responsible that: i) agree, abide by and be subject to bound by these Terms, ii) you are over 18 years of age or you access under the supervision of your parents or your legal guardian and have the legal capacity to comply with the Terms; and iii) comply with all applicable laws, regulations, and rules relating to your access to and use of the Website.

1.4. These General Conditions shall apply without any modification by the Customer. Any changes proposed, submitted or specified by the Customer, whether or not LADOPHAR expressly rejected it, are rejected and excluded.

1.5. LADOPHAR reserves the right to amend, modify, update, alter or otherwise alter these General Terms at any time. You are advised to study these terms carefully and to check regularly for any updates, changes or corrections. As these General Conditions govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, addition or improvement to the General Terms, you must immediately stop using the Website or placing an order on the Website.

2. ORDER

2.1. Place an Order

2.1.1. A Customer wishing to purchase Products will place an order through the Website (“Order”). All Orders are subject to LADOPHAR acceptance and availability of Products.

2.1.2. Before submitting an Order, the Customer will have to register for an account on the Website. Please refer to Clause 2.2 below for the steps you need to take to place an Order on the Website.

2.1.3. The Order placement process will allow you to check and correct any errors before submitting the Order to LADOPHAR. So please take the time to read and check your Order at each page of the Order process.

2.1.4. By placing an Order, you have: (i) made an offer to enter into a contract with LADOPHAR for the purchase of Products under these General Conditions; (ii) demonstrate that you are over 18 years of age or that you access under the supervision of your parents or your legal guardian and have the legal capacity to enter into a contract; (iii) represent that you are a consumer; and (iv) warrant that all information you provide to LADOPHAR in connection with your Order is true and correct and that you are entitled to use the payment method you have chosen to pay for the Order.

2.1.5. Once an Order has been placed, you will receive an email from LADOPHAR confirming receipt of your Order (“Order Confirmation”)

2.1.6. Before LADOPHAR accepts the Order, information verification may be conducted. LADOPHAR reserves the right to refuse or accept an Order at any time upon receipt of your Order, or any part thereof, even after you receive an Order Confirmation for any reason.

2.1.7. LADOPHAR may limit the purchase quantity per order, per account, per credit card, or per person, this limitation will be communicated to you before LADOPHAR accepts your Order.

2.1.8. LADOPHAR may, in its sole discretion, accept an adjustment of the Order after the Order Confirmation has been sent to the Customer.

2.2. How to order on the Website?

The Customer will be required to complete the following steps when placing an Order:

Step 1: The customer enters the product list, selects the product to buy, adds the selected product to the cart;

Step 2: Choose a delivery method; Select a payment method;

Step 3: Confirm payment information and make payment (if you choose the form of payment by transfer or online payment)

After confirmation, Customer will receive an email to confirm his order (Order Confirmation).

When the Order is ready for delivery, LADOPHAR will send a delivery email to the Customer (Delivery Receivers) including but not limited to:

List of all Products ordered by Customer, quantity, price of each Product, total order value;

Delivery time; Delivery charges.

Contact information so that the Customer can inquire about the contract performance status when necessary.

2.3 Price and payment

2.3.1. Product prices will be clearly listed on the Website.

2.3.2. Product Prices are subject to change at any time without prior notice, but you will always pay the price shown on the Website at the time you confirm your Order.

2.3.3. Prices are quoted in Vietnamese Dong. LADOPHAR will use reasonable efforts to ensure that the price paid by the Customer is the quoted price.

2.3.4. Listed prices do not include shipping fees, they may be added to the total amount of your Order and will be displayed on the checkout page. Shipping costs will vary, depending on the volume of your Order, the delivery location and the delivery method selected

2.3.5. You will pay for the Product in full when you confirm the Order. Payment for Orders can be made by: (i) Cash on Delivery service performed by the shipping company that the customer has selected in the delivery method or shipping method. directly into LADOPHAR’s bank account. LADOPHAR reserves the right to change payment options at any time for any reason.

2.3.6. You warrant that all information you provide to LADOPHAR in connection with the Order is correct, that the credit/debit card or account you use is in your possession and that there are sufficient funds available. or credit card capable of paying for your Order in full. LADOPHAR reserves the right to validate your payment details prior to providing the Product to you.

2.3.7. When LADOPHAR has received the full payment under your Order, you will receive an email from LADOPHAR confirming this payment (applicable in case the customer chooses the transfer payment method)

2.3.8. Website has a lot of Products. Despite LADOPHAR’s best efforts, there is always the possibility that the prices of some Products may be inaccurate. If LADOPHAR discovers an error in the price of any Product you have ordered, LADOPHAR will notify you of the error and give you the option to continue purchasing this Product at the correct price or to cancel. cancel your Order. LADOPHAR will not ship your Order until you have received instructions. If LADOPHAR is unable to contact you through the information provided by you, LADOPHAR will consider your Order canceled and notify you in writing. If an Order is cancelled, LADOPHAR will refund you based on the original method of payment for the Purchase Order, including shipping costs (if any). For the avoidance of doubt, if the price error is obvious and is reasonably detected by you as a price error, LADOPHAR will not provide the Product to you at the incorrect price, but will instead replace it with the incorrect price. current application that LADOPHAR is applying to customers purchasing goods through the Website at the time of your order, and sending you notice of this change.

2.4. Accept Orders

2.4.1. LADOPHAR will have no obligation to deliver Products to you until we have accepted your Order. Until LADOPHAR accepts your Order, LADOPHAR reserves the right to cancel your Order for any reason, including but not limited to LADOPHAR having reasonable grounds to believe that you have breached these Terms. In this General Case, the Product you purchased is out of stock. If LADOPHAR cancels your Orders before they are accepted, LADOPHAR will refund you based on the original method of payment for the Purchase Order, including shipping costs (if applicable).

2.4.2. Your Order remains valid as an offer until your Order is accepted. A contract is entered into and LADOPHAR will be legally bound to supply the Product to you when LADOPHAR confirms its acceptance by sending you an email confirming that the Product has been shipped (“Delivery Confirmation”).

2.4.3. Title and risk of loss of the purchased Products pass to the Customer upon issuance of the Delivery Notice.

3. DELIVERY

3.1. The Website is intended for Customers who reside in the country serviced by this Website and may therefore have restrictions on where LADOPHAR may deliver Products.

3.2. The expected delivery time of the Products will be specified in the Delivery Confirmation, but the estimated delivery date is intended as an indication and shall not be binding on LADOPHAR.

3.3. LADOPHAR will contact you if the expected delivery date cannot be fulfilled. In that case, LADOPHAR will give you the choice to continue purchasing the Product or cancel your Order. If the Order is Canceled, LADOPHAR will refund you based on the method of payment for your Order, including the delivery fee (if any).

3.4. Products will be packed according to LADOPHAR standard packaging process. LADOPHAR reserves the right to provide case-specific packing instructions, any additional costs to be paid by the Customer prior to delivery of the Products.

3.5. Products are delivered from LADOPHAR’s warehouse in Vietnam at the responsibility and risk of the Customer. LADOPHAR is free to choose your carrier, forwarding company and shipping method.

3.6. The risk of loss or damage to the Products purchased passes to the Customer from the time LADOPHAR sends the Delivery Confirmation, although delivery charges have been paid, LADOPHAR is under no obligation to insure the Products, or insure the Product against damage during transit.

3.7. Unless otherwise agreed by LADOPHAR, LADOPHAR will deliver your Products to the shipping address provided by you in the Order. Upon receipt of the Products, you will be required to sign for receipt and if no one is able to receive the goods, LADOPHAR will designate a carrier to leave you a slip with instructions for post-delivery or pick-up from the carrier.

4. LADOPHAR PRODUCTS

4.1. Product images on the website are for illustrative purposes only. Although LADOPHAR has made every effort to display colors as accurately as possible, LADOPHAR does not guarantee that the colors of your computer monitor accurately reflect the colors of the Product. The Product purchased may have slight color difference from the product image. However, the quality of the product is in accordance with what LADOPHAR has announced and committed.

4.2. LADOPHAR will make every effort to ensure that (i) all information posted on the website relating to the Products is correct, (ii) the Website is regularly updated and (iii) errors are corrected. corrected within a reasonable period of time from the time of discovery. However, any content may contain errors or be out of date at any time. Therefore LADOPHAR reserves the right to make changes to the Website at any time including the price of the Products, specifications, description, supply and status of the Products.

4.3. Product packaging may differ from the images shown on the website

5. PAYMENT POLICY

LADOPHAR guarantees that the products sold at LADOPHAR’s Website are new and of high quality. In the rare case that the product you receive is defective, damaged or not as described, LADOPHAR is committed to protecting customers with the following return policy:

For complaints related to excess or missing product quantity compared to the order quantity, the time for complaint shall not exceed 03 days after the customer receives the goods.

For complaints related to product quality issues, in case the customer receives the goods with signs of damaged, damaged packaging, and loss of quality inside the product due to the manufacturer’s fault (determined not due to the influence of the manufacturer’s fault). due to other objective reasons or due to the transportation process of the carrier), the time to complain does not exceed 05 days after the customer receives the goods.

For other complaints, the time to complain does not exceed 07 working days after the customer receives the goods.

Please send written feedback to the email address: info@ladophar.com or call the nationwide sales switchboard 1900.1597 to receive feedback, the company will contact the customer as soon as possible and have a direction to handle and resolve the delivery of the goods, exchange or return goods with or without charge depending on the specific case.

6. WARRANTY POLICY

Product has no warranty

7. ACCESSING AND USE OF THE WEBSITE

7.1. Website Access

7.1.1. Access to the Website is made completely free of charge;

7.1.2. LADOPHAR makes no warranties regarding the availability or interruption of the Website, or any of its content. Access to the Website is permitted temporarily and LADOPHAR reserves the right to suspend, withdraw, terminate or change all or any part of the Website without prior notice. LADOPHAR will not be liable to you if for any reason the Website is not accessible at any time or for any period of time.

7.2. Using the Website

7.2.1. Unless otherwise stated, the Website is for personal and non-commercial use only and you are authorized to access, review and retain only a copy of any information or services obtained. from the Website for informational purposes only. You understand and agree that you may not copy, modify, modify, commercially distribute, publish, license or sell any information, materials or services obtained from the Website.

7.2.2. You may not use the Website:

(a) in any way violates any applicable law, regulation or rule;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or consequence;

(c) to transmit, or make to send, any unsolicited or unauthorized advertising or promotion or any other similar form of solicitation (spam); or

(d) knowingly transmit any data, send or post any material containing a computer virus that infects other programs, information gathering programs, simple destruction programs on a single system and generated by someone who has direct access to the system, the program collects information such as access passwords, or copies files to other systems on the network without the user’s knowledge installed timers, programs that record the user’s keystrokes, spyware, adware or any other malicious program or similar piece of computer code designed to adversely affect operation of any computer software or hardware.

7.3. Member Account and Password

7.3.1. If you choose to create an account on the Website, you must complete the registration process by providing LADOPHAR with current, accurate and complete information. You are responsible for the use of your account and the confidentiality of your account name and password.

7.3.2. You agree to immediately notify LADOPHAR if you become aware of or suspect any unauthorized use of your account or any other breach of security.

7.3.3. Please refer to the ‘Privacy Policy’ for how LADOPHAR uses your data

7.4. Content

7.4.1. All information, text, description, data, graphics, images, trademark logos, illustrations, designs, icons, video clips, audio clips, sounds, files, information The specifications, advertisements, titles, names, intellectual property rights and other information provided on the Website (hereinafter referred to as “Content”) are owned by LADOPHAR, its affiliates and/ or a third party (they may be represented by a link to or from an external source, or otherwise).

7.4.2. The Content on the Website is for general information purposes only and does not bind LADOPHAR in any way except as expressly stated that LADOPHAR is responsible. It is also not intended to provide advice on which you should rely. You must obtain professional or specific advice before performing, or failing to act from, any fundamental act of Content on the Website.

7.4.3. Your use of and reliance on any Content on the Website is at your own risk and in no event will LADOPHAR be liable for the content or for any loss or damage resulting from such use and dependent on any Content available on your Website.

7.4.4. LADOPHAR makes no representations, warranties, or representations, express or implied, that the Content on the Website is accurate, complete or up-to-date. LADOPHAR reserves the right, in its sole discretion, to add, amend, update, or otherwise alter the Content at any time without prior notice.

7.5. Intellectual property rights

7.5.1. LADOPHAR has intellectual property rights on the Website. Intellectual property rights shall include, but are not limited to, copyright, trademark, industrial design, patent, know-how, privilege or similar information, whether registered or not, as well as other rights in relation to LADOPHAR or its affiliates’ trademarks, products or business activities.

7.5.2. Except as expressly permitted by LADOPHAR, you do not use, reproduce, copy, modify, publish, transmit, contribute, display, download, license, assign, or sell any What Content?

7.6. User Generated Content

7.6.1. LADOPHAR does not claim ownership of the content you provide to LADOPHAR (including comments, feedback, ratings, recommendations) or articles posted, updated or submitted to the Website for its evaluation. the public, or by members of any public or individual (collectively, “User Generated Content”).

7.6.2. Any User Generated Content posted, uploaded, or submitted to the Website shall be non-confidential, proprietary, and LADOPHAR shall be permitted to use, copy, distribute, republish, publish, permit otherwise use and disclose to third parties of User Generated Content for any purpose without notice to you. In addition, you also agree and consent to the fullest extent of Vietnamese law to waive your rights regarding the protection of your personal information under the Vietnamese Civil Code and/or any applicable data protection legislation.

7.6.3. LADOPHAR reserves the right to disclose your identity to any third party who alleges that User Generated Content posted or uploaded by you constitutes an infringement of intellectual property rights, or their privacy and LADOPHAR shall have no responsibility or liability to any third party for the User Generated Content or the accuracy of any User Generated Content posted by you or any other party. any other member of the Website.

7.6.4. You agree that any User Generated Content you post, upload or submit to the Website:

(a) is accurate (when given the facts);

(b) is truthful (when expressing opinions); and

(c) comply with the laws applicable in the country in which they are posted.

7.6.5. You agree that you will not post, upload or submit to the Website, any User Generated Content that:

(a) involving nonconforming objects;

(b) misleading others;

(c) contain computer viruses that infect other programs, information gathering programs, and programs that simply destroy a single system and are generated by someone with direct access to the system, a program that collects information such as access passwords, or copies files to other systems on the network without the user detecting timer settings or other objects that are malicious or technologically harmful;

(d) infringe the intellectual property rights of any third party

(e) is unlawful, harmful, threatening, abusive, vulgar, obscene, libelous, obscene, indecent, hateful, offensive, or otherwise racially, ethnically or otherwise objectionable;

(f) incitement to violence;

(g) encourage any illegal activity;

(h) misleading;

(i) breach of any legal obligation to a third party, such as a contractual or confidentiality obligation;

(j) endorse, encourage or support any unlawful conduct such as (for example) piracy or computer abuse; or

(k) knowingly or unintentionally violates any applicable local, national or international law, regulation or rule.

7.6.6. You have the right to remove any User Generated Content that you have posted, uploaded or submitted

7.6.7. User Generated Content does not represent the views, opinions, advice, values ​​or beliefs of LADOPHAR and LADOPHAR makes no representation as to the accuracy of any User Generated Content.

7.6.8. In its sole discretion, LADOPHAR will assess whether there is a violation of the contents mentioned in Article 7 through your use of the Website and reserves the right to take any action LADOPHAR deems appropriate. appropriate, including but not limited to the following actions:

(a) immediately, temporarily, permanently remove any User Generated Content from the Website at any time for any reason;

(b) immediately, temporarily, permanently withdraw your right to use the Website;

(c) send you a warning letter;

(d) bring legal action against you for reimbursement of all indemnification-based costs (including but not limited to appropriate administrative and legal costs) resulting from violation; or

(e) other legal action against you.

8. REFUND

The Customer will fully indemnify LADOPHAR for all actions, claims, demands, proceedings, obligations, losses, (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and costs suffered or incurred by LADOPHAR, its officers, employees, public servants, representatives, manufacturers, distributors, affiliates and/or agents, arising out of or in connection with:

(a) any claim by a third party due to or arising out of any content posted by Customer to the website;

(b) any actual breach or arising out of or failure to perform or fail to comply with any of the Customer’s obligations or undertakings under these General Conditions, or other breaches arising out of the use of the Website. of the Customer or purchase the Product; or

(c) any violation or infringement by Customer of any patent, copyright, trademark or other third party intellectual property right in connection with the use of the Website or buy product.

9. FORCE MAJEURE CLAUSE

9.1. A “Force Majeure Clause” means any cause which cannot be reasonably foreseen and which is beyond reasonable control and through no fault, or negligence of the affected Parties. influence (including subcontractors of the parties, if any) and cannot be avoided with due care and best efforts. A Force Majeure Clause includes, without limitation, natural disaster, drought, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil war, vandalism, explosion, strikes, labor disputes (excluding any strike, labor dispute or other labor hardship in which employees of the Affected Party (or its subcontractors if engaged) and A Force Majeure Clause includes the failure of a subcontractor to provide labor, services, materials or equipment in accordance with its contractual obligations only if the failure is due to a Force Majeure Clause;

9.2. LADOPHAR shall not be liable for the inability or delay in performing any of its obligations under these General Conditions to the extent that such failure or delay resulting from the Force Majeure Clause is ALWAYS with CONDITION IS:

9.2.1. As soon as we become aware of the fact that we will not be able to perform our obligations, we will notify the Customer; and

9.2.2. LADOPHAR shall have no obligation to perform obligations arising before the Force Majeure Clause if the Force Majeure Clause prevents the performance of such obligations.

9.3. When a Force Majeure Clause affects the delivery of Products to the Customer, LADOPHAR will arrange a new delivery date for the Customer after the Force Majeure Clause ends.

10. CONTACTS

For all Customer inquiries, refer to the ‘Contact Us’ section.

11. GENERAL TERMS

11.1. Transfer

The Customer will not, except with LADOPHAR’s written consent, assign, assign, mortgage or otherwise assign all or any of the Customer’s rights under the General Conditions, sub-contract , any or all obligations under the General Conditions, or any intention to do so.

11.2. Correction or Waiver

LADOPHAR’s failure to exercise any part or delay in exercising any right or remedy under these General Conditions shall not be construed as a waiver or waiver of the right and shall not be exercise any right or remedy individually or in part of any right or remedy exclude any other right or exercise or exercise any other right or remedy . The rights provided under the General Conditions are cumulative and do not include any rights or remedies provided by law. If LADOPHAR waives Customer’s error, it shall do so only in writing.

11.3. Illegal

Any provision of these General Terms that is unlawful, void or unenforceable under the law of any jurisdiction shall not affect the validity, legality or enforceability of any law. of any other authority or the validity, legality or enforceability of any other provision.

 

11.4. Partial Effect

All representations, warranties and other obligations specified or entered into by the Parties are set forth or concluded separately unless the context otherwise requires.

11.5. Termination of contract

In the event of any damage arising from a breach of the General Conditions on this Website, we reserve the right to suspend or permanently lock your account. If you are not satisfied with this Website or any of its terms, conditions, regulations, policies, guidelines or practices, your only recourse is to stop dealing with us.

12. LAW APPLY

The general conditions shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam and the courts of the Socialist Republic of Vietnam shall have jurisdiction.