General terms & conditions Doctoronline

Article 1 – Definitions

1. In these terms and conditions, the following definitions apply: 

  • Account’: a personal account for the Customer with Doctoronline;  
  • 'Terms and Conditions': these general terms and conditions;  
  • 'Pharmacy': an independent and registered pharmacy established in the European Union;  
  • 'Doctor': an independent and registered doctor established in the European Union;  
  • Treatment’: a treatment of a (medical) condition with a Medicinal Product;  
  • 'Consultation': a medical consultation based on an online Medical Questionnaire, during which a Doctor determines, based on their medical diagnosis, whether the Customer qualifies for Treatment with an RX Medicinal Product for which the Doctor will issue a Prescription;  
  • 'Services': the information provided on the Website regarding health and lifestyle, health symptoms, solutions, and Products, as well as the online service consisting of arranging a Consultation between Customers and Doctors, and entering into agreements with Pharmacies on behalf of and at the risk of Customers for the sale and delivery of Products;  
  • 'Doctoronline': eMedvertise NV, a public limited company established in Willemstad, Curaçao, Kingdom of the Netherlands, and registered with the Chamber of Commerce and Industry in Curaçao under number 108686, operating under the name Doctoronline, being the operator of the Website and provider of the Services;  
  • Medicinal Product’: a chemical substance or complex of chemical substances with an intended pharmacological, immunological, or metabolic effect on the body, being either an OTC Medicinal Product or an RX Medicinal Product; also referred to as medicines;  
  • Identity Verification’: the process of verifying and validating the identity of the Customer, possibly through (automated) document checks, selfie/liveness checks, and/or facial comparison (biometric verification), potentially carried out by an external service provider;  
  • 'Content': all content, such as text, information, images, audio, data compilations, and other data available on the Website;  
  • 'Customer': any visitor to the Website who places an Order;  
  • Customer Service’: the customer service of Doctoronline, reachable via the contact details provided on the Website;  
  • Medical Advisory Board’: an independent body consisting of medical specialists that proactively advises on the Website, the Content, the Services, and the Medical Questionnaires, and also provides advisory oversight on the services of the Doctors and Pharmacies;  
  • 'Medical Questionnaire': (online) questions posed by a Doctor through a questionnaire, intended as a medical anamnesis;  
  • 'Order': the Customer's request to Doctoronline to arrange a Consultation and/or Products on their behalf and at their risk;  
  • 'OTC Medicinal Product': a non-prescription, over-the-counter medicinal product;  
  • 'Agreement': the agreement regarding Services established between the Customer and Doctoronline through the placement of an Order, to which these Terms and Conditions apply;  
  • Privacy Policy’: the privacy policy applicable to the Services and the Website, as made available on the Website;  
  • 'Products': Medicinal Products or other products about which information is provided on the Website and which are sold and delivered by a Pharmacy;  
  • 'Prescription': a Doctor's prescription – resulting from a Consultation – for an RX Medicinal Product;  
  • 'RX Medicinal Product': a Medicinal Product available only by Prescription;  
  • 'Carrier': postal and courier services, such as, but not limited to, UPS, DHL, Royal Mail, and PostNL;  
  • 'Preferred Treatment': the Customer's stated preference during a Consultation for a specific (type/quantity/dosage) RX Medicinal Product to treat their symptom or condition, also referred to as ‘preferred product’;  
  • 'Pharmacy Terms': the terms and conditions of the Pharmacy applicable to the agreement between the Pharmacy and Customers; these terms are provided to the Customer during the application process, if applicable;  
  • 'Website': the website www.doctoronline.co.ukincluding the Content and the Services, also including Doctoronline’s social media channels.

The aforementioned terms have the same meaning in the singular as in the plural and vice versa. Where words and/or terms are written in the masculine form in these Terms and Conditions, the feminine or neutral form may also be read.

Article 2 – Details Doctoronline

eMedvertise NV trading as Doctoronline
Mahaaiweg 6
Willemstad – Curaçao

Telephone: 00800-486-72968; working days from 10:00 AM - 9:00 PM CET.
E-mail: info@doctoronline.com

Registration number: 108686
CRIB number: 102250881

Article 3 – Applicability of General Terms and Conditions

  1. These Terms and Conditions apply to every Order placed by the Customer, to every Agreement resulting from such an Order between Doctoronline and the Customer, and to the Customer's use of the Website.  
  2. Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer electronically in such a way that the Consumer can easily store it.  
  3. If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the Agreement and these Terms and Conditions will remain in effect for the rest, and the relevant provision will be replaced without delay by a provision that approximates the original intent as closely as possible.  
  4. Situations not covered by these Terms and Conditions must be assessed ‘in the spirit’ of these Terms and Conditions.

Article 4 – Description of the Services

  1. Doctoronline is an informational website and an online service for consumers. The Website provides information about lifestyle and health issues and their possible treatments. Doctoronline is not a doctor or a pharmacy but arranges, at the Customer's request, a Consultation with a Doctor and/or the sale and delivery of Products by Pharmacies.  
  2. If the Customer wishes to have a Consultation, Doctoronline will find a suitable Doctor for this purpose (e.g., based on availability). The Doctor provides the Consultation directly to the Customer based on the Medical Questionnaire. During the Consultation, the Customer may indicate a Preferred Treatment. While Doctoronline forwards this Preferred Treatment to a Doctor, Doctoronline has no influence on the Consultation, the assessment of the Medical Questionnaire, the issuance of a Prescription, and/or the prescription of the Preferred Treatment by a Doctor. The Doctor is entirely independent and is in no way influenced by Doctoronline to prescribe certain Medicinal Products.  
  3. Doctoronline does not offer Products itself but ensures that the Customer can obtain genuine Products safely, quickly, and discreetly. In the case of Medicinal Products, these are always sold and delivered by verified and independent Pharmacies.  
  4. If the Customer instructs Doctoronline to order a Product from a Pharmacy on their behalf and at their risk, Doctoronline will find a suitable Pharmacy for this purpose (e.g., based on the availability of the Product, the distance to the Customer, and the price of the Product). Doctoronline is not tied to specific Pharmacies and does not receive commissions from Pharmacies. Conversely, Pharmacies are free to choose whether to accept Customers from Doctoronline, and they also do not receive commissions from Doctoronline. Doctoronline does not offer Products but provides a (facilitating) service by requesting Pharmacies, on behalf of and at the risk of Customers, to sell and deliver certain Products directly to Customers. The prices of Products from Pharmacies, including shipping costs, are included in the price for the Services as stated on the Website. Therefore, no mediation is involved.  
  5. The sale and delivery of Products are agreed upon between the Customer and a Pharmacy, regardless of which party receives the payment. The Pharmacy Terms – if applicable – apply to the relationship between the Pharmacy and the Customer and are provided during the placement of an Order.  
  6. The Services are only available in the countries indicated on the Website.  

Article 5 – Website and Content

  1. The information provided by Doctoronline is of a general informative nature and is not a substitute for professional medical advice (including evaluation or care by a medical specialist). Nothing on the Website should be used for diagnosing or treating a medical condition or as a substitute for the relationship with the Customer's own doctor or other medical specialist. The health information provided by or on behalf of Doctoronline does not constitute professional medical advice. The Customer should consult other sources to confirm the information provided and consult their own doctor or other medical specialist regarding their symptoms or medical condition. In severe cases, the Customer should immediately seek medical (emergency) assistance and never disregard medical advice or delay seeking medical advice because of something they have read on the Website. The use of the information offered on the Website is entirely at the Customer's own risk.  
  2. The Content should in no way be interpreted as promotional or advertising. All information on the Website is purely informative and is not intended to promote Medicinal Products or encourage their use.  
  3. Doctoronline makes every effort to ensure that the Content is accurate and complete but cannot guarantee this. Doctoronline is not liable for any unintended errors or omissions.  
  4. All images, specifications, and data regarding the Services and Products are indicative and cannot give rise to compensation or dissolution of the Agreement.  
  5. Obvious mistakes or errors regarding the Services, the Consultation, or the Products – including pricing errors – are not binding on Doctoronline, the Doctor, and/or the Pharmacy.  
  6. Since Doctoronline does not offer, sell, or deliver Products itself, it reserves the right to adjust the availability of Products listed on the Website and to remove Products from the Website. Doctoronline also reserves the right to modify or discontinue the Services.  

Article 6 – Medical Questionnaires and Consultation

  1. The Medical Questionnaires have been meticulously prepared in collaboration with the Medical Advisory Board, Physicians, and Pharmacies, and adhere to medical-ethical guidelines.  
  2. If a Physician determines, based on their evaluation of the Medical Questionnaire, that the Customer qualifies for the Preferred Treatment they have requested, they may issue a Prescription for it. Your prescription will be automatically forwarded to our partner pharmacies, meaning no further action is required on your part. The Physician is under no obligation to prescribe the requested Preferred Treatment—or any medication in general. Additionally, the Physician may prescribe a different quantity, dosage, or type of medication than the Preferred Treatment indicated. The Customer will always be informed of this and retains the right to cancel their Order free of charge.  
  3. The requested Preferred Treatment or the Treatment prescribed by the Physician may be subject to limitations regarding frequency and/or quantity. The decision on this always rests solely with the Physician or Pharmacy.  
  4. A Physician must assess whether the Preferred Treatment can be prescribed to the Customer without risk. Therefore, it is crucial that the Customer completes the Medical Questionnaire truthfully, accurately, and comprehensively. Omitting relevant information may result in Products being prescribed that could pose a risk to the Customer's health.  
  5. If the Customer is unwilling or unable to complete the Medical Questionnaire, no Consultation can take place, and Products cannot be supplied by a Pharmacy.  
  6. Completing the Medical Questionnaire must be done personally and solely for personal use, unless explicit permission has been granted by a third party to act on their behalf, and Doctoronline has received this authorisation from the third party.  
  7. Each Customer is responsible for informing their own physician and/or pharmacist about the Consultation and the prescribed Products.  

Article 7 – Account

  1. To utilise the Services, the Customer must create an Account.  
  2. An Account is strictly personal and may only be used by the Customer and for their own benefit.  
  3. The use of false, incorrect, and/or incomplete names, addresses, email addresses, bank details, or other customer information is strictly prohibited.  
  4. Each Customer may create only one Account.  
  5. Doctoronline may, in certain circumstances, verify or validate the Customer's contact details, age, and/or identity (Identity Verification). This verification may also be carried out via an external service provider, such as Checkin.com (or a similar provider). The Customer will always be informed of this process.  
  6. If Doctoronline requires Identity Verification, the Customer is obligated to cooperate fully, promptly, and truthfully. Until the Identity Verification is completed or successful, Doctoronline reserves the right to suspend the execution of the Order. If the Customer fails to cooperate or the verification is unsuccessful, Doctoronline is entitled to refuse or cancel the Order and/or temporarily block the Account. Doctoronline is not required to provide further justification for any refusal, suspension, cancellation, or blocking. Any costs, delays, or damages resulting from the failure to complete or pass the Identity Verification in a timely manner are the responsibility and risk of the Customer, unless otherwise stipulated by mandatory law.  
  7. By creating an Account, the Customer establishes a secure online electronic patient record in which their order history is stored in accordance with the Privacy Policy.  
  8. The Customer's right to use the Website is immediately terminated without prior notice if the General Terms and Conditions are breached or not fully adhered to, as determined solely by Doctoronline. In such cases, the Customer's Account will also be blocked.  
  9. Credits associated with a Customer's Account remain valid as long as the Account is active. An Account will be deleted ("deactivated") by Doctoronline if it has not been accessed for 3 years or 3 years after the Customer's last Order via Doctoronline. Upon deletion of an Account, any associated credits will automatically expire. Credits cannot be exchanged for cash.  

Article 8 – Order and Agreement

  1. An Account is required to place an Order.  
  2. The Customer may only place an Order if they:
    A) are legally competent to enter into the Agreement;
    B) are at least 18 years old;  
    C) have successfully completed Identity Verification, if and as required by Doctoronline;  
    D) are aware that it is their own responsibility to determine whether it is legally permissible in their country of residence to use Doctoronline's Services, obtain a Consultation, and receive the Products via a Carrier;  
    E) will use the Products exclusively for personal use;  
    F) will carefully review all information on the packaging and in the leaflet of the Products prior to use and will always check the expiration date of the Products;  
    G) will verify that the Products delivered by the Pharmacy match those prescribed by the Physician; 
    H) have access to the Website and the Medical Questionnaire in a language they understand and will consult their regular healthcare provider if they do not fully understand the advice or information provided on the Website or the questions in the Medical Questionnaire;  
    I) agree to the applicability of the General Terms and Conditions and the Privacy Policy.  
  3. Doctoronline reserves the right to accept or reject an Order at its discretion and may also cancel an Order.  
  4. The Physician and the Pharmacy retain the right at all times to refuse, modify, or cancel an Order without providing further explanation.  

Article 9 – Prices, savings, and promotions

  1. The total costs for an Order comprise the costs for the Consultation, the costs of the Products sold and delivered to the Customer by the Pharmacy, Doctoronline's service fee, and—if applicable—shipping costs, handling fees, and VAT.  
  2. If the Customer places an Order for multiple Products, a portion of the service fee charged by Doctoronline will be waived. This saving explicitly does not constitute a discount on the selected Product but rather a saving on the mentioned service fee.  
  3. Offers, discounts, or other (price) promotions apply to Doctoronline's service fee or—if explicitly stated—to the costs of the Consultation and never to the costs of the Products.  

Article 10 – Payment and price changes

  1. The prices displayed on the Website are listed in the currency of the country corresponding to the domain extension. If no currency is specified or if there is any ambiguity, the prices displayed are always in euros.  
  2. All payments must be made using the payment methods indicated on the Website.  
  3. The total costs for an Order—as outlined in Article 9.1—are collected by Doctoronline on behalf of the rightful recipients of the respective funds.  
  4. If the Customer fails to meet their payment obligation (in full), Doctoronline may, after notifying the Customer of the late payment and granting a 14-day period to fulfil the payment obligations, charge an interest of 4% per annum on the outstanding amount after the expiration of this 14-day period. Doctoronline is also entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500; 10% on the subsequent EUR 2,500; and 5% on the next EUR 5,000, with a minimum of EUR 40.  
  5. By providing invoice and payment details, the Customer declares that they are authorised to use this information.  
  6. The use of false invoice and payment details or details belonging to a third party without their permission will result in the immediate blocking of an Account and cancellation of an Order. In such cases, Doctoronline reserves the right to report the matter to local law enforcement authorities.  
  7. Doctoronline reserves the right to amend the prices for Products and/or Consultations listed on the Website. The prices displayed at the time of placing an Order remain valid throughout the process. If clearly incorrect prices are displayed on the Website due to a software or human error, Doctoronline is not bound by these prices and reserves the right to adjust them. The Customer will always be notified of this and given the option to cancel the Order.  

Article 11 – Delivery

  1. The delivery times provided are approximate and based on availability and standard delivery schedules. Certain Products cannot be shipped to specific countries, as indicated on the Website.  
  2. By placing an Order, the Customer appoints a Carrier as their representative and authorised agent to receive the Products at the Pharmacy and subsequently transport them from the Pharmacy's location to the specified delivery address. Delivery of the Products occurs at the Pharmacy to the Carrier on behalf of the Customer. Once the Products are handed over to the Carrier, the Pharmacy is considered to have fulfilled its obligations under the agreement(s), and the risk and ownership of the Products transfer to the Customer. Doctoronline accepts no liability for transportation. Each Customer is responsible for all import duties, levies, and taxes applicable in their country.  
  3. Professional codes of conduct and legal restrictions may limit the quantity of Products that Pharmacies are permitted to supply and the frequency of delivery. There is no obligation to supply quantities exceeding the applicable legal maximum.  
  4. If the Customer opts for delivery to a collection point, the Customer is responsible for collecting the Product from the chosen collection point in a timely manner. All consequences and costs arising from failure to collect or delayed collection of the Product are entirely at the Customer's risk. Failure to collect or delayed collection of the Product does not entitle the Customer to a refund of the purchase price, shipping costs, or any other related costs. The Customer must ensure that they collect the Product within the timeframe specified by the collection point.  

Article 12 – Cancellation and return

  1. After placing an Order but before the Products are shipped by a Pharmacy, the Customer may cancel the Order by submitting a request to Customer Service. If a Consultation has already taken place, the costs thereof—including the applicable service fee for Doctoronline—will be charged to the Customer.  
  2. If a Product is rendered unusable due to damage during transport or does not match what was ordered or prescribed by the Doctor, the Customer may request the Pharmacy to replace the Product or return the Product in consultation with Customer Service within seven (7) days of receipt. A refund will be issued to the Customer within thirty (30) days of the Pharmacy receiving the returned Product. Only the costs of returning defective, damaged, or incorrectly delivered Products will be reimbursed.  
  3. Except as provided in Article 13, the Customer has no right to return Products for reasons of health protection and/or hygiene. 

Article 13 – Right of withdrawal

  1. The Customer has the legal right to withdraw from the Agreement within 14 days without providing any reason. The withdrawal period expires 14 days after receipt of the Product.  
  2. During the aforementioned cooling-off period, the Customer must handle the Product and its packaging with care. Customers should only unpack or use Products to the extent necessary to determine whether they wish to keep the Product. If the Customer exercises the right of withdrawal, they must return the Product, along with all accompanying items (such as the package insert) and, if reasonably possible, in its original condition and packaging to the Pharmacy, in accordance with the instructions provided by Customer Service. The costs of return shipping are always borne by the Customer.  
  3. To exercise the right of withdrawal, the Customer must notify Doctoronline of their decision to withdraw from the Agreement through an unambiguous and written declaration (e.g., by post or email), which must be sent to Doctoronline within the withdrawal period. The Customer may use the following template text:  

    “I hereby inform you that I withdraw from the agreement placed on [date].  
    Name of consumer:  
    Address of consumer:  
    Order number: 

    I understand that I can no longer exercise my right of withdrawal if the service has already been fully performed. The moment Doctoronline receives my withdrawal is decisive.”  

In the case of a valid withdrawal, the Customer will receive a full refund of the payment for the order as soon as possible and no later than 14 days after the Customer has indicated their intention to exercise the right of withdrawal. Refunds will be made using the same payment method the Customer used, unless another method is agreed upon.  

Exclusion of the right of withdrawal for medicines 

  • For reasons of health protection and/or hygiene, medicines cannot be returned. Medicines are therefore excluded from the right of withdrawal.  


Exclusion of the right of withdrawal for services  

  • The right of withdrawal is excluded for services that are performed immediately with the Customer's consent, such as Doctoronline's Services and the Consultation. By placing and paying for an Order, the Customer explicitly consents to the immediate performance of the Services and the Consultation. The Customer thereby waives the statutory cooling-off period and the right of withdrawal once Doctoronline and/or the Doctor has fully performed the service. Any Prescription issued by the Doctor is tailored to the Customer's personal (medical) situation and needs. The right of withdrawal is also excluded for this Prescription.  

Article 14 – Indemnification and liability

  1. The content of the Website is intended solely as general information and is not meant to serve as diagnostic and/or therapeutic advice or as a substitute for medical advice. Doctoronline is not responsible for the efficacy of Products, the content of package inserts, informational texts, descriptions of treatment methods, or other descriptions on the Website, nor can any guarantees be provided in this regard. Doctoronline does not provide legal and/or medical advice, nor does it offer medical and/or diagnostic services. If the Customer relies on information obtained on or through the Website, they do so entirely at their own risk.  
  2. The Customer should be aware that there are limitations to Consultations or other services conducted without physical examinations, face-to-face advice, or extensive on-site investigations.  
  3. Doctoronline, its owners, managers, directors, employees, representatives, partners, advertisers, or affiliates are not responsible for any incorrect, inaccurate, incomplete, or misleading information on the Website or other channels, whether from third parties or not.  
  4. Doctoronline is liable for damages resulting from intent, gross negligence, or fraud, but only insofar as it pertains to its own actions or omissions. Where a Doctor and/or Pharmacy is liable for damages to the Customer, Doctoronline's liability is always excluded.  
  5. To the extent permitted by law, Doctoronline expressly excludes any liability:  
    a) for any direct or indirect damage or loss suffered by any user (including the Customer) in connection with the use, inability to use, or results of using the Website and its Content;  
    b) for the accuracy of a diagnosis, Treatment, prescribed Medicines, or the use of Products and/or their effects;
    c) as a result of the Customer's failure to provide complete, truthful, and accurate information (and to keep it up-to-date) in their Account and in the Medical Questionnaire they complete or otherwise provide to Doctoronline and/or the Doctor.  
  6. In the event of liability on the part of Doctoronline, it is only liable up to three times the value of the underlying Agreement. If such a limitation of liability is not legally permitted, Doctoronline's liability is always limited to an amount of EUR 10,000. A condition for any right to compensation is that the Customer reports the damage as soon as possible, but no later than six (6) months after its occurrence, in writing to Doctoronline. Indirect damages are never eligible for compensation.  

Article 15 – Use of your data

  1. Doctoronline collects and uses the Customer's data to execute the Agreement. Medical data is only shared with Doctors and/or Pharmacies with the Customer's consent.  
  2. The Privacy Policy always applies to the Services.  

Article 16 – Viruses, hacking and digital security

  1. The Customer must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful. Furthermore, unauthorised access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website is prohibited. Violation of this provision constitutes a criminal offence, and Doctoronline will report such violations to the competent law enforcement authorities and cooperate with these authorities by disclosing the Customer's identity. In the event of such a violation, the Customer's right to use the Website will immediately terminate, and the Account will be blocked.  
  2. Doctoronline is never liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that infects computer equipment, computer programmes, data, or other proprietary material as a result of using the Website or downloading material posted on it or on any website linked to it.  
  3. If the Customer has created an Account, a password is required to access their data. The Customer is fully responsible for:     
    a) keeping their password confidential;     
    b) ensuring that no other person uses their password to place Orders via the Website;     
    c) costs, damages, or losses resulting from failing to keep their password confidential; 
    d) and promptly notifying Doctoronline in writing that their Account must be deactivated due to security issues.  
  4. Doctoronline is never liable to Customers for any damage related to the theft of their password, disclosure of their password, or their permission for another person or entity to access and use their Account with their password. Each Customer must immediately notify Doctoronline of any unauthorised use of their password and/or Account. 

Article 17 – Complaints

In the event of a symptom regarding the Services or Products provided, the Customer may contact Customer Service. Doctoronline strives to:  

  • process the symptom as quickly as possible;  
  • inform the Customer of the timeframe within which their symptom will be resolved; and  
  • keep the Customer informed throughout the process.  

Article 18 – Intellectual property rights

  1. All Content is the property of Doctoronline or its content suppliers and is protected by copyright. Without the express written consent of Doctoronline, it is not permitted to modify, reproduce, republish, duplicate, copy, sell, resell, visit, upload, post, transmit, disclose, create derivative works from, or otherwise exploit the Content, including (source) codes and software, or any part thereof, for commercial purposes. It is permitted to print or otherwise use a copy of the Content for personal use.  
  2. Content that is downloaded or printed may not be modified in any way and must retain all copyright and proprietary notices contained in such Content. Any form of framing of the Website is prohibited. Unauthorised or unlawful use of any Content constitutes copyright infringement. Violation of copyright is considered a criminal offence and will be prosecuted both civilly and criminally under the provisions of national and international copyright law.  

Article 19 – Interpretation of and amendments to the General Terms and Conditions

  1. The text of these General Terms and Conditions is offered in Dutch and other languages. In the event of inconsistencies or ambiguities in the provisions or their interpretation in different languages, the Dutch version shall always prevail and be decisive.  
  2. Doctoronline reserves the right to amend the General Terms and Conditions at any time without prior notice. Any amended version of the General Terms and Conditions will be published immediately on the Website, and the changes will take effect immediately upon publication. It is always the Customer's responsibility to familiarise themselves with the most recent version of the General Terms and Conditions. Each Customer agrees that this procedure for notifying changes to the General Terms and Conditions is reasonable. Use of the Website by the Customer after changes to the General Terms and Conditions implies acceptance of the amended version. 

Article 20 – Applicable law and competent court

  1. Unless contrary to mandatory (national) legal provisions, the law of Curaçao applies to these General Terms and Conditions, as well as to the Services, the Order, and the Agreement. Any disputes arising from these – directly or indirectly – shall, unless otherwise mandatorily determined, be exclusively settled by the competent court in Curaçao.  
  2. The Vienna Sales Convention does not apply.