(version 2011-1; published on and in force since September 15, 2011)
1. GENERAL TERMS AND CONDITIONS OF SALE
The present general terms and conditions of sale (“Terms and Conditions”) apply to all orders and all sales transactions through the websitehttp://www.golfish.be (the “Online Shop”) in respect of the products offered for sale on the website http://www.golfish.be (the “Products”). The website is owned and operated by VIS bvba, Leopoldstraat 20, 2800 Mechelen (Belgium), with company number 0836.501.967 (the "Seller", "we" or "us", as the case may be), that acts as the seller of the Products.
By placing an order on www.goldfish.be you accept these Terms and Conditions totally and without reservation. The Seller is entitled to amend the Terms and Conditions from time to time. Any changes to these Terms and Conditions will only become applicable to orders placed on or after the date of amendment.
We recommend that you print or save a copy of the Terms and Conditions on your hard drive when you have decided to place an order through www.goldfish.be.
2. PLACING AN ORDER ON THE WEBSITE WWW.GOLDFISH.BE
In order to be able to place orders for Products on the website www.goldfish.be, you need to fulfil the following requirements:
You have communicated your name and address, telephone number, e-mail address, payment details and other required information;
You are at least 18 years old;
- In case you pay by means of a payment card, you need to be the owner or authorized holder of a valid payment card to purchase Products;
In case you set up a personal account, you will also need to register a personal user name (your e-mail address) and a password. Always protect your password and do not disclose it to anyone. You will be held responsible for all purchases made through your user name and password.
Placing an order through the website www.goldfish.be consists of the following steps:
- Choose the products desired;
- Introduce the delivery and billing information;
- Authorization of payment;
- We send you a confirmation of receipt of your order by e-mail as soon as the payment has been authorized;
- We collect payment from your card;
- We dispatch the Products;
- You receive the Products.
3. PROCESSING OF THE ORDER
Orders placed through the website www.goldfish.be are not binding on the Seller. They only become binding for the Seller after your order has been accepted by the Seller. We reserve the right to reject any order.
After our receipt of your order, we will send you an e-mail confirming receipt of your order indicating your order number and the details of the ordered Products. This confirmation of receipt does not imply that your order has been accepted by us. Your order will only be considered accepted and the sales contract will only be deemed to have been concluded as from the moment the Products have been dispatched to you. Also after dispatch of the Products, we reserve the right to cancel your order as long as you have not received the ordered Products.
We reserve the right to reject or to cancel any order, amongst others for the following reasons:
- There was a technical or pricing error on the website www.goldfish.be at the time the order was placed.
- The ordered product is not available (in case the ordered Product is not available, we will inform you by e-mail).
- The billing information given was incorrect or unverifiable.
- Our security systems indicate that the order is abnormal or may be fraudulent.
- We have reason to believe that the customer is less than 18 years of age.
In case we reject or cancel an order for any of the aforementioned reasons, we will – as the case may arise – refund the price paid for the product and the paid delivery charges.
4. PRICES, DELIVERY AND PROCESSING EXPENSES AND TAXES
The prices mentioned on the website www.goldfish.be are inclusive of VAT. They only apply to orders placed through the website www.goldfish.be.
Although we have constructed the website www.goldfish.be carefully, the prices shown may be in error. Any prices shown in error shall be amended as soon as possible and shall not be binding on us.
Separate costs for delivery and processing and applicable taxes will be shown when placing the order.
The delivery charges will be shown in the Shopping Basket. The relevant charges for deliveries to the Benelux and France are listed below. For delivery to other countries, please contact us in order to receive the relevant applicable delivery charges.
|Country||Shipping Cost||Free Delivery for orders above:||Delivery term|
|Belgium||5,5€||90€||1 - 3 days|
|The Netherlands||6,5€||150€||2 - 4 days|
|Luxembourg||6,5€||150€||2 - 4 days|
|Germany||7,5€||180€||2 - 5 days|
|France||7,5€||180€||2 - 5 days|
|Rest of Europe||15€||300€||on demand|
|Rest of the World||29€||750€||on demand|
5. AVAILABILITY AND DELIVERY OF PRODUCTS
The Seller does not guarantee that all Products shown on the website www.goldfish.be are available. The Seller reserves the right, at any time and without prior notice, to change certain Products, to remove them from the assortment or to no longer make them available for sale.
We try to deliver ordered Products on time. Instances can, however, occur wherein we are prevented from dispatching the Products on time and from meeting our indicated delivery time. Any delivery time specified by us should therefore be considered as a non-binding estimate and not as an obligation to achieve the result of delivering the Products on the estimated delivery date.
Within a reasonable period from delivery, you should verify whether you have received the Products in good condition and whether the contents of the delivered package are complete. It is your responsibility to inform us as soon as possible of any damage to the Products and/or any shortages in the Products delivered.
In case you postpone the delivery or the receipt of the Products for an unreasonably long time after we have informed you that we have attempted to deliver the Products to you, or in case you have provided with an incorrect delivery address as a result of which the Products have been returned to us after the first attempt to make delivery, we will assume that you have exercised your right of withdrawal and we will refund the price paid for the Products in accordance with our return policy and the relevant applicable legal provisions.
6. IMAGES OF PRODUCTS ON WWW.GOLDFISH.BE
The presentation of the colours of the Products on this website depends amongst others on the settings of your monitor and the graphic card of the visitor of the website. The colours presented may therefore differ from the actual colours of the Products.
For settlement of online payments we cooperate with OGONE. OGONE is
the market leader in Europe in the field of secured (safe) online payments. We do not have access to the confidential details of payment of our customers. Payment can only be made by authorized credit or debit cards. The authorized cards are mentioned on the website www.goldfish.be. You will need to provide the details of the card when you place your order. The costs will be charged when the ordered Products are dispatched. We will only dispatch the Products after the issuer of the card has authorized the use of the card for the payment of the ordered Products.
If you have purchased a Product for your own personal use as a consumer and you wish to invoke your right of withdrawal, you should inform our customer service thereof by e-mail ([email protected]) or by mail (Goldfish Kids Web Store, Onze Lieve Vrouwestraat 118, 2800 Mechelen, Belgium) within 14 days as from the day following delivery of the Product(s) concerned and submit a request for return. If our customer service approves your request, it will provide you by e-mail with instructions for the return of the Product(s).
You are also entitled to return Products purchased by you through the website www.goldfish.be in case these Products are defective or non-conforming. In such case, you should submit a request for return to our customer service as soon as possible following delivery (max 7 days). If our customer service approves your request, it will provide you by e-mail with instructions for the return of the Product(s).
We will in any case only approve requests for return if it concerns a complete product (for example, the two elements of a pair must be returned together), the Product has not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the Product), and the Products are returned in the original packaging
It is your responsibility to ensure that the Products remain safe and protected while under your custody. Treat the Products with care and return them in the condition in which they had been delivered to you. Please ensure that the Products are packaged appropriately. For hygienic reasons, underwear and swimwear can not be returned.
Return or replacement of the Products can only take place after we have received all of the Products to be returned.
In case you return Products which you
- were not authorized to return,
- which are no longer in their original state,
- which have not been packaged appropriately,
- which are incomplete,
- for which you have not paid for the delivery
- or in relation to which you have not exercised the care required for returning the Products in good condition,
we reserve the right to reject your return and to reject the requested refund or to charge you for the costs required to undertake the necessary repairs, re-stocking or similar direct costs arising out of or in connection with the payments which need to be refunded to you (without prejudice to the applicable legal provisions).
9. CIRCUMSTANCES OUTSIDE OF OUR REASONABLE CONTROL
We will do everything necessary to fulfil our obligations. We can, however, not be held liable for a delay or non-performance of our obligations in case this has been caused by circumstances outside our reasonable control. In case of delay, we will perform as soon as reasonably possible.
These Terms and Conditions set out the full extent of the Seller’s obligations and liabilities in respect of the supply of Products. To the maximum extent permitted by applicable law, there are no warranties, conditions or terms that are binding on the Seller except as expressly stated in these Terms and Conditions.
We are not liable on the basis of breach of contract, tort, indemnity or otherwise for any economic loss (including, but not limited to, any loss of income, profits and/or turnover or expected savings), loss of data, loss of goodwill or reputation damages, or any other indirect, unforeseeable, special or consequential damages, regardless how caused. Nothing in these Terms and Conditions shall limit your legal rights and nothing in these Terms and Conditions is intended to limit or exclude liability for fraud or wilful misconduct.
11. PERSONAL DATA
All personal data provided through the website www.goldfish.be to the Seller will be treated in a confidential manner. The Seller engages itself to treat and process the personal data provided in accordance with the Belgian Act of December 8, 1992 on the protection of personal data. You have the right to access your personal data and to have inaccurate data corrected by sending a letter to the Seller. The personal data provided by you will be used for the purpose of managing our relationship with you as our customer, for direct marketing purposes and for the global imaging of our customer base. You can at all times and for free oppose to the use of your personal data for direct marketing purposes by sending a letter to the Seller.
A term or part of a term of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining terms or parts of the term of these Terms and Conditions continue in force.
13. CONTACT DETAILS
In case you would have further questions regarding purchasing Products through the website www.goldfish.be, you can contact our customer service by e-mail ([email protected]) or telephone (+32 478 34 01 64) from Monday to Friday between 9.00h and 17.00h, except on public holidays.
14. APPLICABLE LAW
These Terms and Conditions are governed by Belgian law. The Courts of Mechelen (Belgium) have exclusive jurisdiction.