GENERAL TERMS AND CONDITIONS OF SALE
I. Scope and Acceptance
1.1. The Company
The limited liability company Les Laboratoires Fenioux Benelux, with its registered office located at 1410 Waterloo - Belgium, Office Park de Waterloo, Drève Richelle 161 (Building B), registered with the Crossroads Bank for Enterprises under number 0456.241.280, hereinafter referred to as "Les Laboratoires Fenioux".
The customer service can be reached at +32 2 375 79 70.
1.2. Definitions
The terms used in these general conditions on the Les Laboratoires Fenioux Benelux website must be understood as follows:
• The website: http://www.laboratoiresfenioux.be is the site of Laboratoires Fenioux Benelux Sprl where the Products are presented and sold to customers. All related domains and URLs are listed under the name Laboratoires Fenioux.
• The client: any natural or legal person, legally capable, who places an order for product(s), via the website or by any other means, with Fenioux Benelux Laboratories.
• The Order: request made by the customer, on the website or by any other means, with a view to concluding a sales contract for one or more products offered for sale by Laboratoires Fenioux Benelux.
• The product sheet: a set of information (texts, photos, graphics, ...) related to a product offered for sale by Les Laboratoires Fenioux Benelux. • The product: a set of goods offered for sale by Les Laboratoires Fenioux. Only the products for which a 'product sheet' is issued are available for sale. They have obtained a NUT code issued by the Federal Agency for the Safety of the Food Chain (AFSCA).
• The transaction: a set of operations, secure processing, authorisations and agreements inherent to the payment for products ordered by credit card or any other means of virtual transaction offered on the site.
· Consumer: any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activities.
1.3. Acceptance
The present general conditions apply to all online orders placed by the customer with Laboratoires Fenioux Benelux through the website: http://www.laboratoiresfenioux.be.
These general terms and conditions of sale exclude, unless there is written acceptance from Fenioux Benelux Laboratories, all general and specific purchasing conditions of the client. No derogation from these general terms and conditions of sale will be accepted without written confirmation from Fenioux Benelux Laboratories.
These general conditions apply to all the aforementioned relationships between the client and Les Laboratoires Fenioux Benelux.
The Fenioux Benelux Laboratories draw the customer's attention to the fact that they reserve the right to modify their terms of sale at any time, and therefore the new version will be automatically submitted to them and published on the website. http://www.laboratoiresfenioux.be.
The client acknowledges having read all of these general terms and conditions prior to placing any order and accepts them without restriction or reservation.
The placing of the order by the customer constitutes acceptance of the general terms and conditions.
The general terms and conditions are available on the website http://www.laboratoiresfenioux.be.
II. Order
2.1. The customer places their order on the website www.laboratoiresfenioux.be by following the procedure indicated to them. Automatic recording systems are considered as proof of the nature, content, and date of the order.
2.2. The sale will only be effective upon confirmation of the acceptance of the order by Les Laboratoires Fenioux to the customer via email to the provided email address and the agreement of the company Mollie on the execution of the transaction. Only these confirmations bind Les Laboratoires Fenioux Benelux.
2.3. The company will strive to maintain sufficient stock for each product. To this end, it is bound by an obligation of means.
In principle, Les Laboratoires Fenioux Benelux only offer products in stock for sale. However, it may happen that a product marked as available is no longer so at the time of processing the order. In this case, Les Laboratoires Fenioux Benelux will inform the customer of the delivery time. If this time is not suitable for the customer, they can modify or cancel their order, or benefit from a credit on their next order. No other compensation can be claimed.
2.4. Fenioux Benelux laboratories reserve the right to refuse any order in the event of:
- litige antérieur avec le client
- non-paiement total ou partiel d’une commande précédente
- erreur manifeste sur le prix affiché due à une erreur matérielle.
2.5 Customers, not acting for professional purposes, are prohibited from any partial or total resale of the products purchased.
III. Price and payment
3.1.
The prices listed on the purchase orders of Fenioux Benelux Laboratories are stated in euros, all taxes included (ATI), and are understood to be per product only.
The delivery charges are specified before the order is confirmed and added to the price final[LJ1] .
The Fenioux Benelux Laboratories reserve the right to adjust the prices indicated for the products offered at any time, except after the order or sale to the customer.
3.2. The price indicated in the order confirmation or invoice by Les Laboratoires Fenioux Benelux is the final price expressed inclusive of all taxes (VAT included). This price includes the cost of the products, handling fees, packaging, storage, and transportation costs.
3.3. The price of the products is payable, unless otherwise agreed between the customer and Les Laboratoires Fenioux Benelux, in cash by one of the payment methods offered on the site at the time of the order.
Payments are secure and managed by our payment provider.
3.4. The order validated by the customer only becomes effective when the secure payment centre and the company OGONE have given their agreement to the execution of the transaction. In the event of refusal by the secure payment centre or the company OGONE, the order will be automatically cancelled and the customer will be notified by email.
3.5. Protection against both fraudulent use of the payment methods used for the transaction, particularly following a hacking incident, and against any potential disputes regarding the payment of the price of an order is provided by the company OGONE.
The information regarding the order is subject to automated data processing for which OGONE is responsible. This automated data processing aims to combat credit card fraud. OGONE and the Fenioux Laboratories are the recipients of the data related to the order. The failure to transmit the data related to the order prevents the execution and analysis of the transaction. In the event of fraudulent use of a credit card, irregular declaration, or anomaly, the details related to the order associated with this unpaid amount may be recorded in a payment incident file.
3.6.
In the event of non-payment of any invoice by the due date, the client shall owe the Laboratories Fenioux Benelux, by operation of law and without prior formal notice, interest at the rate mentioned in Article 5 of the law of 2 August 2002 concerning the fight against late payment in commercial transactions, as well as a fixed compensation of 10 [LJ2] % of the amount due, with a minimum amount of £25.
In the event that the client can be classified as a consumer within the meaning of Article I.1 2° of the Code of Economic Law, and after sending the first reminder free of charge in accordance with the conditions and deadlines referred to in Article XIX.2 of the Code of Economic Law, the client will be liable for payment:
- d’intérêts au taux de 10,50 % l’an (taux directeur majoré de 8 points)
-a fixed compensation calculated as follows on the remaining amount due:
· Less than or equal to €150: €20
· Between €150.01 and €500: €30 plus 10% of the amount due on the portion between €150.01 and €500.
· Above 500 €: 65 € plus 5% of the amount owed on the portion exceeding 500 €, with a maximum of 2,000 €.
Identical interest and a fixed compensation will be owed to the client in the event of non-fulfilment of their obligations by Les Laboratoires Fenioux Benelux. These will be calculated based on the actual damage suffered and demonstrated by the client.
In the event of judicial recovery of any invoice, the client shall also be liable for recovery costs and internal management fees that exceed the amount of this fixed compensation.
If the client fails to meet a single payment deadline, for any reason whatsoever, all subsequent payments will be made at the time of placing the order. Furthermore, Laboratoires Fenioux reserves the right to suspend the execution of other ongoing orders until full payment of the amounts due is received.
IV. Delivery
4.1. After confirmation of the order and acceptance of payment by the organisation responsible for the transaction, Les Laboratoires Fenioux commit to dispatching the ordered products to the customer at the delivery address specified at the time of the order within a maximum period of 48 hours following the destination.
The delivery time is indicated approximately and any delay cannot lead to the cancellation of the sale or compensation.
4.2. The customer agrees to pay, upon receipt of the goods, all taxes, duties, levies and other charges, both current and future, due in respect of the delivery of the ordered products.
4.3. Delivery is carried out by the company Bpost. No compensation can be claimed from Laboratoires Fenioux Benelux Sprl by the customer in the event of a delivery delay attributable to the carrier.
4.4. If a parcel is not received despite the various attempts by the carrier, it will be returned to Laboratoires Fenioux after two weeks, and the recipient will be notified by email.
4.5. Upon receipt of the ordered products, the customer or the recipient must check for the absence of apparent defects and compliance with what has been purchased. If an apparent defect or non-compliance is found, the customer must report it within three working days from the date of delivery to Laboratoires Fenioux by post to the address mentioned in Article 1 or via info@laboratoiresfenioux.beFailing that, the products will be considered compliant. Laboratoire Fenioux will take the necessary measures based on the client's reservations.
V. Withdrawal and return procedures (FOR CONSUMERS ONLY)
5.1 In accordance with the Belgian Code of Economic Law, consumers have a period of 14 calendar days from the receipt of the product to exercise their right of withdrawal without having to provide reasons or pay any penalties.
5.2 The right of withdrawal does not apply to:
- Produits personnalisés ou sur mesure
- Contenus numériques téléchargés après achat
- Services exécutés avant la fin du délai de rétractation avec accord du Client
5.3 The customer has the option to modify their order, cancel their order and obtain a refund, or receive a credit towards their next order.
5.4 The customer must return at their own expense and under their own responsibility the new products they wish to return (with the sales invoice) in their original sealed packaging, intact, accompanied by any accessories to the address mentioned in Article 1.
The customer will indicate their choice and, if a refund is requested, their bank details in the return of the package or by email to info@laboratoiresfenioux.be, mentioning all necessary information (customer number, invoice, etc.).
5.4. If the products are returned to Laboratoires Fenioux under the aforementioned conditions and within the specified timeframes, Laboratoires Fenioux Benelux Sprl commit to refunding the amounts paid by the customer (excluding delivery charges). In the event that the initial delivery charges were borne by Laboratoires Fenioux (for orders qualifying for 'free shipping' or in the case of a promotion), these charges will be deducted from the amount refunded to the customer.
The refund will be processed within 30 days from the confirmation of receipt by Les Laboratoires Fenioux via email.
VI. Responsibility
6.1. Fenioux Laboratories are committed to describing all products on their website as accurately as possible. Fenioux Laboratories cannot be held responsible for any direct or indirect consequences of any errors or omissions regarding the information published on the site.
6.2. Fenioux Laboratories cannot under any circumstances
to be held responsible for any damages that may result from improper use of the marketed products.
6.3. All information provided by the client when entering the data related to their order is binding. Fenioux Laboratories cannot be held responsible for any errors made by the client in the wording of the recipient's details for the order.
VII. Protection of Personal Data
7.1. The collection of personal information carried out for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders. Failure to provide this information results in the non-validation of the order.
7.2. Fenioux Laboratories comply with the Law of 8 December 1992 concerning the protection of privacy with regard to the processing of personal data.
It specifies in particular that all personal data is collected with the client's consent and for a specific purpose. The client has the right to access, modify, rectify, and delete the data concerning them, which they can exercise with Fenioux Laboratories.
7.3. Fenioux Laboratories make every effort to ensure the security and confidentiality of the client's data and to prevent any modification, destruction, dissemination, or unauthorised access to this data. They commit to never disclosing the client's contact details to a third party.
VIII. Intellectual Property
The texts, layouts, illustrations, photos, product sheets, and other elements featured on the website www.laboratoiresfenioux.be are protected by copyright and, in general, by intellectual property rights. The content of the Laboratoires Fenioux website may not be copied. It may not be modified, placed on another site, or published in any form without the prior written permission of Laboratoires Fenioux. This site may also contain texts, illustrations, and other elements protected by the copyright of third parties. Laboratoires Fenioux do not grant, in any way and under no circumstances, permission to use their intellectual property, nor that of third parties.
IX. Jurisdiction and applicable law
9.1. The relationship between the client and Les Laboratoires Fenioux is governed by Belgian law.
9.2. In the event of a dispute concerning the validity, interpretation or execution of all or part of these general conditions and any operations related thereto, the courts of Brabant-Wallon shall have exclusive jurisdiction.