General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to all commercial transactions concerning products offered for sale by Les Laboratoires Fenioux Benelux Sprl on its e-commerce site www.laboratoiresfenioux.be, to the exclusion of all other conditions (unless expressly agreed otherwise in writing by both parties). By placing an order on the www.laboratoiresfenioux.be website, you agree to be bound by the terms and conditions set out below.
The terms used in these general terms and conditions on the Les Laboratoires Fenioux Benelux Sprl website must be understood in the following way:
2.1. http://www.laboratoiresfenioux.be is the website of Laboratoires Fenioux Benelux Sprl on which the Products are presented and sold to customers. All domains and linked URLs are listed under the name Laboratoires Fenioux.
2.2 Customer: any individual or legal entity, legally capable, who places an order for product(s) via the Laboratoires Fenioux Benelux Sprl website.
2.3 Order: request by the customer to Laboratoires Fenioux Benelux Sprl to conclude a sales contract concerning the products presented on its site.
2.4. Product Index Card: shall designate all information (text, photos, etc.) pertaining to a product offered for sale on the www.laboratoiresfenioux.be website.
2.5. Products: all goods offered for sale by Les Laboratoires Fenioux Benelux Sprl via its www.laboratoiresfenioux.be e-commerce site.
2.6. Transaction: all operations, secure processing, authorisations and agreements inherent in the payment of products ordered by bank card or any other virtual transaction method offered on the site.
ACCEPTANCE OF CONDITIONS
The customer acknowledges having read these general terms and conditions of sale and, by placing the order, expressly accepts them without reservation. Validation of the order implies acceptance of the general terms and conditions of sale.
The customer connects to the website and, by filling their shopping basket, places an order for the products they have chosen while browsing the site. The products purchased are paid online by using one of the solutions offered on the site (article 10). Laboratoires Fenioux Benelux Sprl will confirm acceptance of the order by e-mail and the products will be delivered to the customer within a specified period (article 7).
Only products for which a "product sheet" is published on the www.laboratoiresfenioux.be website can be sold. These products have obtained a NUT code issued by the Federal Agency for the Safety of the Food Chain (AFSCA).
6.1. All information provided by the customer when entering data relating to the order is binding for the customer. Laboratoires Fenioux Benelux Sprl cannot under any circumstances be held responsible for errors made by the customer in entering the details of the recipient of the order (delivery address, invoicing address in particular) and for any delays in delivery or the impossibility of delivering the products ordered that these errors may cause.
6.2. The automatic recording systems constitute proof of the nature, content and date of the order.
6.3. On receipt of the order request, Laboratoires Fenioux Benelux Sprl confirm acceptance of the order by sending a confirmation message to the e-mail address provided by the customer when registering the order. The sale will not be concluded until said order confirmation has been sent.
6.4. In general and without the need for justification, Laboratoires Fenioux Benelux Sprl reserve the right to refuse or cancel any order from a customer, particularly in the event of a problem with payment of the order in question or a dispute relating to the payment of a previous order.
6.5. Almost all products are in stock. If the product ordered is not or is no longer available immediately, Laboratoires Fenioux Benelux Sprl will inform the customer of the delivery time either by email, telephone, invoice or post. If the customer is not satisfied with the delivery time given, they may then choose to modify or cancel their order.
6.6. Only legally competent persons may place orders.
7.1. Once the order has been confirmed and payment has been accepted by the organisation responsible for the transaction, Laboratoires Fenioux Benelux Sprl undertakes to send the customer the products ordered to the delivery address given within a period of generally between 1 and 2 working days depending on the destination.
7.2. By placing an order, the customer undertakes to pay, on receipt of the goods, all taxes, duties, levies and other present and future charges due in respect of the delivery of the products ordered. The pharmacie des Laboratoires Fenioux Benelux Sprl cannot be held jointly and severally liable in this respect.
7.3. Delivery is carried out by Bpost. No compensation may be claimed from Laboratoires Fenioux Benelux Sprl or the carrier by the customer in the event of late delivery.
7.4. On receipt of the products ordered, the customer or recipient must check that the product delivered is in good condition. In the event that one or more of the products ordered are missing or damaged, the customer or recipient must immediately make the necessary comments to Laboratoires Fenioux Benelux Sprl within three working days.
7.5. If a parcel is not received despite several visits by the carrier, it will be returned to Laboratoires Fenioux Benelux Sprl after two weeks and the recipient will be informed by telephone or e-mail.
7.6. Customers or recipients of the products are prohibited from reselling all or any part of the products purchased.
8.1. In accordance with current legislation on distance selling (law of 6th April 2010), the customer has the right to cancel the purchase without penalty and without giving any reason. The customer has a period of 14 calendar days from receipt of the products ordered to return them to Laboratoires Fenioux Benelux Sprl. In order to obtain a refund, the customer must return the new products (with the sales invoice) at their own expense and under their own responsibility, in their original sealed packaging, undamaged, accompanied by any accessories, to the following address: Les Laboratoires Fenioux Benelux Sprl - Office Park de Waterloo - Bâtiment B Drève Richelle 161 à 1410 Waterloo - Belgium. Customers should provide their bank details with the return package or by email to comptabilité@laboratoiresfenioux.be, giving all the information required for a correct refund (customer number, invoice, etc.).
8.2. If the products are returned to Laboratoires Fenioux Benelux Sprl within the aforementioned conditions and timescales, Laboratoires Fenioux Benelux Sprl undertake to reimburse the sums paid by the customer (with the exception of delivery costs), free of charge. In the event that the initial delivery costs were borne by Laboratoires Fenioux Benelux Sprl (orders for an amount entitling the customer to 'free delivery' or in the event of a promotion), these costs will be deducted from the amount reimbursed to the customer. Reimbursement is made within a maximum of 1 month from receipt of the goods and the customer's bank details by Laboratoires Fenioux Benelux Sprl.
8.3 There is a right of renunciation which only applies before the parcel is dispatched. This cancellation must be communicated to us via the Contact page.
9.1. The price indicated on the product sheets does not include transport costs.
9.2. The price indicated in the order confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the products, the costs of handling, packaging and preservation of the products, and transport costs.
9.3. Laboratoires Fenioux Benelux Sprl reserve the right to modify the price of products at any time, but products will be invoiced on the basis of the prices in force at the time orders are registered.
10.1. The price of the products is payable in cash by one of the means of payment offered on the site on the day the order is placed.
10.2. Protection against fraudulent use of the means of payment used for the transaction, particularly as a result of piracy, as well as against any disputes over payment of the price of an order, is provided by the company OGONE.
10.3. The order validated by the customer only becomes effective when the secure bank payment centre and the company OGONE have given their agreement to the execution of the transaction. In the event of refusal by the secure bank payment centre or by OGONE, the order will be automatically cancelled and the customer will be informed by e-mail.
10.4. Information concerning the order is the subject of automated data processing for which INGENICO is responsible. The purpose of this automated data processing is to combat credit card fraud. INGENICO and Laboratoires Fenioux Benelux Sprl are the recipients of the data relating to the order. Failure to transmit data relating to the order will prevent the transaction from being carried out and analysed. In the event of fraudulent use of a bank card, irregular declaration or anomaly, the details relating to the order associated with this non-payment may be recorded in a payment incident file.
11.1. Laboratoires Fenioux Benelux Sprl cannot under any circumstances and in any way be held responsible for damage of any kind that may result from the incorrect use of the products marketed.
11.2. The liability of Laboratoires Fenioux Benelux Sprl will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. In particular, the photos on the site are provided for information purposes only. Under no circumstances may a modification of the container or content of a product be invoked in the event of a discrepancy in relation to the photo available on the site.
12.1. Under no circumstances may Laboratoires Fenioux Benelux Sprl be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt. The potential liability of Laboratoires Fenioux Benelux Sprl is exclusively limited to the value of the product in question, determined at the date of sale.
Customers can contact customer services via the Contact page.
13.1. The collection of personal information for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders. Failure to provide this information will result in the order not being validated.
13.2. Laboratoires Fenioux Benelux Sprl complies with all applicable laws and regulations concerning the protection of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), including any provisions, directives, recommendations or amendments, additional and/or replacement regulations.
13.3 The customer retains control over the data communicated to Laboratoires Fenioux Benelux Sprl and may, at any time and without cost, make changes and corrections if they are inaccurate, in accordance with Article 16 of the GDPR.
13.4 The customer also has a right to the erasure of his personal data (article 17 of the GDPR) as well as a right to oppose the processing of these data (article 15 of the GDPR). This right is exercised after sending a written request to Laboratoires Fenioux Benelux Sprl.
13.3. Laboratoires Fenioux Benelux Sprl undertake never to communicate customer details to a third party.
14.1 Force Majeure shall mean any act beyond the control of the parties, which the parties could not reasonably have foreseen or avoided and which makes it impossible to perform their contractual obligations.
14.2 The following shall be non-exclusively deemed to be situations of force majeure which do not allow the Laboratoires Fenioux Benelux Sprl to fulfil its obligations: any interruptions in production, transport or delivery, any shortage of raw materials, strikes (general or partial, of personnel or suppliers and carriers), lock-outs, embargoes, war, epidemics, attacks, explosions or civil unrest, fire, flood, bad weather, telecommunication failures, technical defects in the production line, road blockages or obstruction or a cut-off of the power or gas supply, or any other cause preventing the supply of products.
14.3 In the event of Force Majeure on the part of one of the parties (the Laboratoires Fenioux Benelux Sprl or the customer) the obligations of this party towards the other shall be suspended by operation of law, and without this giving rise to any right to compensation on the part of the other party. As soon as the cause of force majeure is known, the party affected by said force majeure shall inform the other party of the force majeure situation and of the immediate suspension of the parties’ obligations.
14.4 If the force majeure situation on the part of the Laboratoires Fenioux Benelux Sprl persists for more than two (2) months, both the customer and the Laboratoires Fenioux Benelux Sprl shall be entitled to terminate the contract without prior judicial intervention and without being liable to pay damages to the other party.
The texts, layouts, illustrations, photos, product sheets and other elements appearing on this site are protected by copyright and, in general, by the principles of intellectual property law. The content of the Laboratoires Fenioux Benelux Sprl site may not be copied. It may not be modified, placed on another site or published in any form whatsoever without the prior written permission of Laboratoires Fenioux Benelux Sprl. This site may also contain texts, illustrations and other elements protected by third party copyright. Laboratoires Fenioux Benelux Sprl do not in any way and under no circumstances grant authorisation to use their intellectual property or that of third parties.
DISPUTES AND APPLICABLE LAW
In the event of difficulties in the application of the present contract, the customer and Laboratoires Fenioux Benelux Sprl reserve the right, before taking any legal action, to seek an amicable solution. Failing this, only the courts of Nivelles have jurisdiction, regardless of the place of delivery of the products or the customer's place of residence.
Contracts and all legal relationships between the customer and Laboratoires Fenioux Benelux Sprl are subject to Belgian law.
Les Laboratoires Fenioux Benelux Sprl
Waterloo Office Park
161 Drève Richelle (building B)
1410 Waterloo - Belgium
Tel.: (+32) 02/375 79 70