FISHER-PHARMA General conditions of sale

Article 1: Preamble :

Scope: these general conditions apply to all orders of products on the website fisherkinder.com managed by the SRL FISHER (hereinafter referred to as Fisher), registered with the register of legal persons under number 0403.010.650 (VAT BE 0403.010.650) and whose registered office is located at avenue des Frères Legrain, 76, 1150 Woluwé-Saint-Peter, Belgium.
Email: sales@fisher-pharma.com

Any order for a product appearing in the online store of the fisherkinder.com site implies full acceptance of these general conditions as well as acceptance of our policy of confidentiality.

Consequently, the customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the store. of the website.

This Preamble is an integral part of the general conditions of sale.

Article 2 – General conditions

These conditions exclusively govern the contractual relations between Fisher and any person browsing the site fisherkinder.com and/or wishing to purchase one of the products offered on this site.

These conditions apply to all commercial transactions relating to products offered for sale on the site fisherkinder.com, to the exclusion of all other conditions.

Fisher reserves the right to modify these terms and conditions at any time without notice, subject to posting such modifications on its website. You are therefore advised to regularly refer to the latest version of the general sales conditions permanently available on the site.

If any special conditions are agreed upon between Fisher and the purchaser, they will prevail over these to the extent that they differ.

If any clause of these general conditions of sale is declared void by a court or by any other authority, such a decision will in no way affect the validity of the other clauses and Fisher undertakes to replace the canceled clause with another provision. , legally valid, having an equivalent economic effect.

Article 3 – Products

The products available for sale on the site fisherkinder.com are those for which a product sheet is available.

The representation of the products on our website does not have the value of a contractual offer but serves as a non-binding online catalog. All the Goods offered on the site fisherkinder.com are described in good faith and as faithfully as possible.

Fisher reserves the right to change its product catalog at any time without notice. Fisher may, if necessary, remove any item present on the website fisherkinder.com, replace or modify any information associated with the items appearing on this site, without having to justify any title whatsoever.

Article 4 – Price

All the prices indicated on the product sheets are expressed in euros (€) per product unit and are understood to include VAT, excluding participation in shipping costs.

Delivery and shipping costs are the responsibility of the customer (except special conditions indicated on the site). They are displayed, taking into account the information provided by the customer relating to the place of delivery.

The price indicated in the order confirmation is the final price including VAT. It includes the price of the products ordered as well as the handling, packaging, storage and shipping costs of these products.

Fisher reserves the right to change prices at any time. The products will however be invoiced on the basis of the prices in force at the time of the ordering, subject to availability.

Due to the large amount of data on the site, it is possible that some are inaccurate and if the price indicated is manifestly wrong, you cannot demand to conclude the sale at this wrong price.

Fisher therefore reserves the right to apply the correct price or to unilaterally cancel an order if it appears that the indicated price and/or the description of the product (s) are incorrectly indicated on the website following a technical failure or human error.

Article 5 – Conclusions of the online sale

Orders are placed directly on the site fisherkinder.com.

Any order placed on the site follows different stages: each stage is successively taken by the “click” of a confirmation icon.

The ordering process follows a logical and transparent path that you can perceive with the proper layout and graphics.

When you click on an icon whose wording or presentation generates an engagement that any Internet user would understand, you are bound by your click.

This is for example the case of the icons entitled “Validation”, “Payment” or any other similar title.

The ordering process allows for the correction of errors, as well as the identification of the languages in which the contract can be concluded when several languages are available.

The ordering process makes it easy to understand which means of payment are accepted, the delivery methods offered and the relative costs.

By clicking on the “Pay” button you place a binding order for the items in the shopping cart. Confirmation of receipt of the order is made immediately after receipt of the order.

Only legally capable people can order.

Any order implies acceptance of the prices and description of the products, as well as these general conditions of sale.

Upon receipt of the order, Fisher will send a confirmation message to the Customer to confirm acceptance of their order to the email address provided by the Customer. The sale is only concluded from the moment the order confirmation is sent and as long as the payment has been validated.

Fisher reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment for the current or previous order, or improper or prohibited use of the products ordered.

In addition, Fisher reserves the right to refuse orders without having to justify its decision in the event of a problem observed with the operation of the site, including attempts at fraud or bypassing the security protocols in place.

Article 6 – Validation

Fisher reserves the right not to validate the order, in particular in the following cases:

– In the event of products not available in stock. We only offer for sale on the Site the Goods which are available in stock. Our service offers and prices are valid as long as they are visible on the Site. However, in the event of an order for an Item which, for whatever reason, is no longer available in stock, we will inform you and cancel the order for the Item not available in stock;

– In the event of refusal of validation of the payment by the issuer of the payment card you are using, or in the event of fraud or reasonable suspicion of fraud;

– In the event of an order for a large volume of the same good or to the same delivery address;

– In the event of abuse of the right of withdrawal during previous orders.

In such a case, the sums, if any, that you have paid will be fully refunded to you as soon as possible, the order will be canceled and the purchase contract is not deemed to be concluded.

Article 7 – Availability

Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.

In the event that a product is temporarily unavailable after the order has been placed, Fisher will notify the Customer of the delivery time by e-mail. If the given deadline does not satisfy the Customer, he can then choose to modify or cancel his order.

Article 8 – Payment

The order is payable in cash by one of the means of payment offered on the site at the time of placing the order

To pay for your order, you have the following means of payment: –

By credit card (Visa, Mastercard, etc) – By

Paypal – By

Bancontact – By

bank transfer to account Fisher’s

In the latter case, the products are reserved for the attention of the customer for 5 working days from the order, pending payment. Once this period has passed, we can decide to cancel the order.

By placing an order, you warrant that Fisher has all necessary authorizations to use the payment method chosen when registering the purchase order.

Fisher reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of execution, in the event of non-payment (or in the event of payment incident) of any sum which may be due. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.

Fisher reserves the right to request a photocopy of your identity card and/or bank receipt for any payment by credit card.

Article 9 – Delivery

After confirmation of the order and acceptance of payment for the transaction, the products are shipped to the delivery address indicated during the ordering process.

The times indicated on the item sheet are indicative and non-binding times and correspond to the shipping processing times to which is added the delivery time.

Fisher will not be held responsible for any consequences due to a delay in delivery related to the carrier. There will be no refund of the order until it is returned to the sender or arrives at the recipient late.

In the event of payment by bank transfer, the order will only be processed upon receipt of the amount. Consequently, the deadlines applicable in this case are those on the day of receipt of payment and may therefore be modified compared to those mentioned on the day of placing the order.

If the order is canceled after payment and your order has already left for delivery, Fisher will only issue a refund for this product upon full receipt.

In the event of an order for items that can be delivered on different dates given their availability, the order delivery time is based on the longest time.

Fisher however reserves the right to split the delivery, without this giving the Customer the right to partially or totally cancel his order. Participation in handling and shipping costs will only be invoiced for one shipment. In this case, the Customer is notified by e-mail.

In the event of the Customer’s absence or an error in the wording of the delivery address making delivery impossible, it is the Customer’s responsibility to agree on a new delivery with the carrier. The additional costs thus incurred will be borne by the Customer.

Fisher cannot be held responsible for errors made by the Customer in the wording of the delivery address, and for delays in delivery or the inability to deliver the products ordered that these errors could cause.

If a package is not received despite the various passages of the carrier, it will be returned to Fisher and the recipient will be notified by e-mail.

The risks are transferred to the Customer as soon as the latter takes physical possession of the goods.

Article 10 – Customs duties and other taxes

When you order products to be delivered to a country other than Belgium, you are considered to be the approved importer and must therefore comply with the laws and regulations in force in the country in which you receive the goods.

You may be subject to import duties or taxes upon arrival of the merchandise in your country.

All additional customs clearance costs are your responsibility. Fisher has no control over these charges and does not know their amount. As customs policies vary from country to country, you should contact your local customs department for further information.

Article 11 – Compliance with delivery

The Customer will have the right to return the products delivered if they do not correspond to the order or are not in good condition. The following procedure will then apply:

The Customer or the recipient must check the conformity of the product (s) delivered with the order and their good condition. In the event that one or more of the products ordered are missing or damaged or do not correspond to the order, we advise the customer to formulate the necessary reservations as quickly as possible, ideally within 48 hours after delivery.

In any case, the Customer is required to inform Fisher of the existence of a lack of conformity within a maximum period of 2 months from its finding (article 1649 quater §2). After this period, it can no longer be taken into account.

The product and the request for exchange or refund must be sent, along with all the relevant information to demonstrate that the product (s) in issue were indeed purchased from Fisher and the date of such purchase. We suggest that you return the products in their original packaging. The shipment must be made to the following address: FISHER, Boulevard de la Cambre 30 Boîte 3, 1000 Brussels, Belgium.

In the event of improper returns, Fisher reserves the right to refuse any subsequent order.

Article 12 – Consumer’s right of withdrawal

In accordance with the legislation in force for distance selling (Book VI, Title 3, Chapter 2 of the code of economic law), the Customer has the right to notify Fisher that he waives its purchase without penalty and without giving reasons within a maximum period of 14 calendar days from the day after the day of delivery.

According to Art. VI.49. [1 § 1., The consumer informs the company, before the expiry of the withdrawal period, of his decision to withdraw from the contract. To do this, the consumer can make another unambiguous statement setting out his decision to withdraw from the contract.

This withdrawal request can be made either via the Contact page or by sending an email to: info@fisherkinder.com

The products must then be returned at the Customer’s expense, in accordance with Art VI.51 §1 of the Code of Economic Law (CDE), no later than 14 days following the communication of its decision to retract from the contract.

The Customer will be held liable in the event of depreciation of the goods resulting from handling other than those necessary to determine the nature, characteristics and functioning of the products.

We also suggest that you return the products in their new and intact condition (with the delivery slip), in their packaging and with all possible accessories (such as and among other instructions for use and documentation), to the address next: FISHER, Boulevard de la Cambre 30 Box 3, 1000 Brussels, Belgium.

In accordance with art. VI.45, 8 ° and VI.50 CDE, Fisher will reimburse the payment (s) received from the consumer who exercises his right of withdrawal, including delivery costs (with the exception of additional costs due in the event that you have selected a more expensive delivery method than the standard delivery offered), without undue delay and upon recovery of the returned goods.

In accordance with the code of economic law, the right of withdrawal cannot be exercised for:
1: the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the company and likely to occur during the withdrawal period ;
2: the supply of goods liable to deteriorate or expire rapidly;
3: the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.

Article 13 – Proof of the transaction

The computerized registers, kept in Fisher’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 14 – Use of products

All products ordered on the site Fisher are intended for the personal use of the Customer or the recipient of the products, who are prohibited from any partial or total resale of these products.

Before using any product, the Customer is required to read the conditions of use appearing on the instructions for use provided to him.

Article 15 – Liability and guarantee

General

Fisher cannot be held responsible for the total or partial non-fulfillment of an order in the event of a shortage of stock or force majeure, defined as the occurrence of an event making it impossible or more difficult from a technical or economic standpoint. or logistics for performance Fisher’s of any of its obligations to Customer.

Website, ordering and delivery process, quality of information

Fisher is only bound by an obligation of means concerning access and navigation on its site, the ordering and delivery processes, and the quality of information available.

Thesite Fisher and its content are provided “as is” without warranty of any kind. liability Fisher’s will not be engaged for any inconvenience or damage arising from the use of the Internet, or any program or application that is incompatible with the infrastructure used by the user, including a bug, computer virus whatever the form, a break in service for any reason whatsoever, or any fact recognized as force majeure in accordance with case law.

Any links to other sites offered on this site are for informational purposes only. Fisher will in no way be held responsible for the current or future content of these sites, or the practices of their owners or managers, or the content of external sites that link to the site Fisher.

Products, health information and advice health

The information and advice available on the site are in no way intended to replace consultation with a doctor. AlthoughFisher has taken all reasonable steps to ensure the reliability of the information on this site, Fisher assumes no responsibility for any errors or omissions in the presentation of the products, or for any results that may be obtained by misuse of these.

The photos and texts illustrating and describing the products which appear on this site are non-contractual and for information only. Fisher assumes no responsibility for any errors or omissions in any photos or text on this site. In addition, regarding data sheets and product descriptions from our partners or suppliers, Fisher accepts no responsibility for the validity of their contents.

Fisher strives to receive reliable data from its suppliers and to communicate such reliable data on its website. Fisher cannot, however, guarantee the accuracy, completeness and/or timeliness of any such data. Differences may appear between the data shown on the Website and that shown on the product labels. The data available on the Website does not replace the data mentioned on the product labels. In the event of a discrepancy, the information on the product labels prevails. The Customer must, before the conclusion of the purchase agreement and prior to any consumption of the products, check the product data indicated on the product labels (in particular the contraindications and allergens).

Fisher can in no way, and in no way whatsoever, be held responsible for damages of any kind that may result from the malfunction or misuse of the products marketed. In the same sense, the responsibility of Fisher cannot be sought for possible modifications of the products which would result from the manufacturers.

liability Fisher’s will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. Responsibility for Fisher will be retained in case of incidental or consequential damages.

The products available for sale comply with the Belgian legislation in force responsible for Fisher cannot be held any failure to comply with the laws of the country to which the products are delivered.

The Customer, insofar as he is a consumer within the meaning of the law, benefits, on the products purchased, from the two-year legal guarantee granted by virtue of the law of 1 September 2004 on guarantees for consumer goods. Beyond this period, any hidden defect must be reported to Fisher in registered writing, within 5 days of discovery of the defect.

Article 16 – Privacy

The collection of personal information carried out for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders. The lack of information results in the non-validation of the order.

By placing your order, you are giving your consent for Fisher to store, process and use the data collected from your purchase order. Some of this information may be transferred to companies involved in the delivery of your products and the management of our direct marketing.

In order to simplify access to the site and navigation, and in order to personalize the presentation of the site for each visitor, the site uses “cookies”. A “cookie” is a small information file that is automatically saved on a user’s computer when they visit this site. This “cookie” does not allow the user to be identified but is used to record information relating to the user’s navigation on the site. By browsing the website Fisher, the visitor agrees to the use of cookies.

Article 17 – Intellectual property

The entire website Fisher is protected by Belgian and international copyright law and, in general, by the principles of intellectual property rights. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Reproduction of all or part of this site in any electronic medium is strictly prohibited without the prior written permission of Fisher.

This site may also contain texts, illustrations and other elements protected by the copyrights of third parties. Fisher does not in any way give permission to use their intellectual property or that of third parties.

Article 14 – Governing Law – Disputes

Fisher will do its best to try to resolve any dispute amicably. If you are not satisfied with how the dispute was resolved and wish to appeal to the competent courts, the following rules will apply.

The validity, interpretation and execution of these General Conditions of Sale are subject to Belgian law.

Any contractual or other relationship between Fisher and the Customer is subject to Belgian law.

Any question relating to the validity, interpretation, execution or non-execution of these General Conditions of Sale will be subject to the exclusive jurisdiction of the courts of Brussels regardless of the place of delivery of the products or the domicile of the Customer, and this for any type of procedure.

FISHER General conditions of use

Article 1: PURPOSE

The purpose of these “general conditions of use” is to provide a legal framework for the terms of provision of the services of the Fisher website, hereinafter referred to as “the Website “, And their use by” the User “.

The terms of use must be accepted by any User wishing to access the Website. By accessing and using the Website, you accept these terms of use (hereinafter the “Terms of Use”) without reservation and you agree to abide by them.

In the event of non-acceptance of the Conditions of Use stipulated in this contract, the User must renounce access to the services offered by the Website;
Fisher reserves the right to unilaterally change the content of these Terms of Use at any time;
If one of the provisions of these Terms of Use is inapplicable or contrary to a mandatory legal provision, this inapplicability will have no effect on the validity or applicability of the other provisions;
These Terms of Use are specific terms that relate only to the use of the Website and should be supplemented, where applicable, by the terms and conditions, the cookie policy as well as thePrivacy Policy. Fisher which remain fully applicable to the legal relationship between Fisher and Website Users.

Article 2: LEGAL NOTICE

The Website is operated by FISHER SRL (hereinafter referred to as Fisher), registered with the register of legal entities under number 0403.010.650 (VAT BE 0403.010.650) and whose head office is located on avenue des Frères Legrain, 76, 1150 Woluwé-Saint-Peter, Belgium.

Article 3: DEFINITIONS

The purpose of this clause is to define the various essential terms of these conditions of use:

User: this term designates any person who uses the Website or one of the services offered by the Website.
User content: this is the data transmitted by the User through the Website.
Member: the User becomes a member when identified on the Website.
Username and password: this is all the information necessary to identify a User on the Website. The username and password allow the User to access services reserved for members of the Website. The password is confidential.

Article 4: Access

The Website allows the User free access to the following services:

Presentation of products and services offered by Fisher ;
Presentation of promotions;
Some news ;
Articles ;
Quizzes;
Registration for a customer account for the webshop;
Access to their personal (customer) account on the webshop;
The possibility of making online purchases (webshop);
The possibility of making contact with Fisherby the contact form via the customer account.

The Website is accessible free of charge anywhere by any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their expense.

Fisher makes every effort to ensure access to the Website whenever possible.

This access may however be interrupted, in particular in the event of maintenance and updating, in the event of a breakdown or for other technical reasons.

Fisher therefore accepts no responsibility for any breakdowns, interruptions or errors present on the Website, as well as for the consequences which may result therefrom for the User or third parties. The User will never be able to take action against Fisher in the event of failure or difficulty in ordering on the webshop due to a malfunction of the Website.

Article 5: INTELLECTUAL PROPERTY

The Website, including texts, photos, structure, layout, graphic components, presentation, logos, software and all other possible elements contained in the Website Web, are protected by the intellectual property rights of Fisher, its potential suppliers or partners. These intellectual property rights concern among others, without this enumeration being exhaustive: copyright, neighboring rights, rights relating to databases and trademark rights.

Other product or company names mentioned on the Website may be trademarks of their respective owners. Without the prior written permission of the copyright owner Fisher, User is prohibited from modifying, copying, distributing, communicating, translating, disseminating, reproducing, publishing, licensing, assigning or selling the information, software, products or services obtained from these sites. It is also forbidden to create works derived from the aforementioned elements.

Article 6: Responsibility AND force of the majority

The sources of the information, products and services presented on the Website are deemed reliable. However, Fisher makes no warranty whatsoever regarding the accuracy or currency of the information offered on the Website. The information given on the Website is for informational purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this Website.

The User makes sure to keep his password secret. Any disclosure of the password, whatever its form, is prohibited.

The User assumes the risks associated with the use of his username and password. The Website declines all responsibility in this regard.

Any use of the service by the User directly or indirectly resulting in damage must be compensated for the benefit of the Website.

An optimum guarantee of the security and confidentiality of the data transmitted is not guaranteed by the Website. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of data.

The Website cannot be held liable in the event of force majeure or the unforeseeable and insurmountable fact of a third party. Therefore, Fisher cannot be held responsible in particular for the non-performance of contracts entered into through access to its Website, failure to respond to a request for quote, contact, training, or in the event force majeure.

The User therefore undertakes not to claim any compensation following the interruption, suspension or modification of these conditions of use.

Article 7: Hyperlinks

The websites to which users of the Website can be referred through hyperlinks remain the sole responsibility of the owners of these sites.

Fisher is not responsible for the material and data of any kind contained in or disseminated on these websites and for the processing of personal data carried out there. Indeed, the Company is only responsible for the processing of personal data carried out on its own Website, as mentioned in the Privacy Policy.

ARTICLE 8: PERSONAL DATA

The information requested when registering for the webshop is necessary and mandatory to access certain services offered to the User. In particular, the electronic address may be used by Fisher for the administration and management of the service offered.

The Website provides the User with the collection and processing of personal information with respect for privacy in accordance with (i) European Regulation (EU) 2016/679 of April 27, 2016 (General Data Protection Regulation entered in force on May 25, 2018 – the “RGPD“) entered into force on May 25, 2018 and (ii) the Law of July 30, 2018 on the protection of individuals with regard to the processing of personal data, repealing the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data until then in force.

For everything relating to the processing of the User’s personal data, the latter is referred to the Privacy Policy.

Article 9: Applicable law and jurisdiction

These Terms of Use are fully and exclusively subject to Belgian law.

For any disputes relating to the execution or interpretation of these Terms of Use, only the courts within the jurisdiction of Brussels will be competent.