Terms
TERMS
The present conditions are applicable between two parties; Hasymar, RPM Bruxelles BE 0 447.076.859, registered in Ixelles, 1050, 71, rue Malibran on one hand as the seller, here after referred to as 'Hasymar' and on the other hand any person wishing to make a purchase order via the website www.fishme.be, here after referred to as the 'user'.
The delivery of product orders is geographically limited to Brussels .
These conditions are not limited to consumers only but to all users and visitors of the site who have full legal capacity. Any person afflicted with disabilities as stipulated in the articles 1123 of the civic code may by law not make any purchases via the Hasymar web site; in this case consultation of the Hasymar web site and its related services will fall under the responsibility of their legal representative/guardian. The legal representative is held to respect the conditions as stipulated here below. In the case of a transfer of personal date via the Hasymar web site sign-in form the legal representative must either provide his/her own personal data or expressly authorize in writing his/her permission for the one they represent to provide their own data. The conditions according to the respect of personal data as expressed in our Privacy Notice apply in any instance.
Both parties concede that their relationship is regulated through this present contract, with the exclusion of any previously indicated condition mentioned elsewhere on the Hasymar web site.
If any of the clauses are considered null and void they will be governed by the practices in force in the sector of mail-order trading in Belgium.
Hasymar is committed to respecting all dispositions of the deontological code in relation to consumer rights.
ARTICLE 1- SUBJECT
The present conditions apply to online, web based sales in the Belgian territory. Their purpose is to define the vending modalities between Hasymar and the user, the order of services including payment and delivery. The conditions regulate all necessary steps as of the placement of an order and ensure the correct follow-up of this order between both contracting parties. Both parties concede that their relationship is regulated through this present contract, with the exclusion of any previously indicated condition mentioned elsewhere on the Hasymar web site.
ARTICLE 2- ORDER PLACEMENT
The User has the option to place an on-line order based upon the catalogue of products as provided on the Hasymar web site. The order can only be formally placed and recorded via the web site once the user has identified him/herself via the provision of personal data. Any placed order implies the acceptance of the herewith stipulated general conditions of sale as well as the prices (cfr. Article 4) and descriptions of the products being sold.
Hasymar is committed to honouring all orders received via its web site but can only do so to the extent that the ordered produce is available. A few minutes after an online order has been transferred, Hasymar will send an e-mail confirmation of the order to the e-mail address provided by the user.
ARTICLE 3- PAYMENT METHODS
Upon the validation of your order you will be prompted to choose one of the below available methods of payment. All methods are entirely secured, the server is encrypted and the transferred data is encoded; no payment information passes through our website unscrambled.
1- CREDIT CARD: You will be asked to provide your Visa or Master card number, the control number and expiry date. The amount will be withdrawn after the billing of your products as per the modalities foreseen by your bank.
2- BANCONTACT/MISTERCASH TERMINAL: Our delivery person will come equipped to the delivery address with a portable bancontact terminal.
3- CASH PAYMENT UPON DELIVERY
Hasymar reserves the right to refuse any order or delivery in case of:
- an existing dispute with the user
- a partial or total non-payment of a previous order placed by the user
- a refusal of the banking organism to authorize the user's use of the credit card or bank card
ARTICLE 4- RATES/PRICING
The prices of our products are dependant on the daily arrivals of our seafood. Hasymar reserves the right to adapt its prices in case of VAT (Value added tax) modifications as set by the state. Hasymar reserves the right to modify/correct its final billing if these have been wrongly displayed or billed due a technical error during the online order process.
Hasymar guarantees that all services and functionalities made available to the user are, if correctly used as per the provided instructions, completely conform to the permitted and required general standards. All software and elements created by Hasymar that are made available to the user are in respect of third party rights and are lawful.
The user can in no instance hold Hasymar responsible for the following circumstances and situations:
- eventual direct/indirect damage resulting from your access or use of this site
- loss in revenue or business opportunities linked to the absence or malfunctioning of the Hasymar web site and any of its functionalities
- unlawful or non-authorized access/hacking into our web server by third parties
- spread of an informatics virus in the web server or the Hasymar web site
- disturbance of the band width
- internet connectivity problems
The user acknowledges that the functionalities and services provided by the Hasymar web site are subject to development; therefore certain of these web functions may be removed or others added without the user being entitled to make any claims against Hasymar.
Hasymar is the sole decision maker regarding the removal, addition or modification of any of its web content. Hasymar also reserves the right, at any moment and for any reason, to temporarily or permanently halt its web site either partially or completely without the obligation to inform the user in advance. Hasymar can therefore in no way be held accountable for any eventual losses or repercussions to the user if for instance the web site services are unavailable due to maintenance or other reasons or due to any modifications made to the Hasymar web site.
N.B. : Unless mentioned otherwise, the price reductions and promotions proposed by Hasymar are only valid for 1 week after the announcement of the special offer in question.
ARTICLE 5- ORDER RETURN/REFUSAL
In case of wrongful, improper or excessive returning of an order upon delivery Hasymar reserves the right to refuse any future orders placed by the user.
ARTICLE 6- SIGNATURE & PROOF
Any user of the web site who does not yet have a client number will be asked to follow certain enrolment steps in order to obtain a client number.
Without exception the final web based validation equals a signature and thus the user's total agreement with the placed order, its contents and the indicated price.
ARTICLE 7- ACCOUNTABILITY
Hasymar's accountability is limited to an obligation of best intents regarding the order process steps ranging from web site access, processing of the order, delivery and any other services. Hasymar can not be held accountable for any inconveniences, damages or losses linked to the usage or functioning of the web site such as inaccessibility, hacking, the spread of computer viruses or any other type of situation arising from circumstances outside one's control as set by jurisprudence.
Hasymar's products are delivered by a delivery person.
The user will only become the rightful owner of the ordered products and receive them after the user has paid the full amount due to Hasymar including the delivery charges.
ARTICLE 8- INTELLECTUAL PROPERTY RIGHTS
All textual, audio-visual, and underlying technological content of the Hasymar website are exclusive property of Hasymar and are protected by authors' rights, copyright and trademark laws.
All information, logos, branding, slogans, graphics, images, and content in general that are accessible via the Hasymar web site are protected by intellectual and industrial property rights.
Unless specifically authorised by Hasymar or a concerned third party the user is not permitted to modify, reproduce, rent out, borrow, sell, distribute or create works based on any of the content, partially or in its entirety, located on the Hasymar web site. It is therefore forbidden (and the user is not entitled to grant authorization to any one else) by any means to copy, modify, create works based on the text, identify the source code, sell, attribute, sub-license, or transfer any rights related to the Hasymar web site or its content.
The user is referred to:
- the national dispositions taken regarding the protection of databases and computer programmes
- the law of 31 August 1998 which stipulates the legal protection of databases
- the law of 30 June 1994 regarding the protection of computer programmes
A user who wishes to place a hyperlink to the Hasymar web site home page on their own personal site for personal reasons must explicitly ask Hasymar's permission beforehand. Should this authorisation be granted it will by no means imply any official affiliation between both parties. Any sort of hyperlink that loops back to the Hasymar web site via the 'framing' or in-line linking technique is strictly forbidden.
Any hyperlink, even one previously authorized, to the Hasymar website on an external website must be removed upon demand of Hasymar who retains exclusive property rights over its web site.
ARTICLE 9- NULLITY
Should any of the clauses in this contract become null and void due changes in legislation, regulation or a judicial decision the present terms and conditions will remain unaffected and fully valid.
ARTICLE 10-DURATION
These present terms and conditions will be valid and in application for as long as Hasymar offers its services and products online via its website.
ARTICLE 11– PROOF
The electronic records that are kept in Hasymar's and its partner's secured informatics systems will be considered as proof of communications, order placement and carried out payments between the parties concerned.
ARTICLE 12– STORAGE AND ARCHIVING OF TRANSACTIONS
All order forms and invoices are archived in a reliable and secure manner in order to have a durable record of all transactions.
ARTICLE 13– MISCELLANEOUS
All products sold by Hasymar correspond with how they are described and represented on the web site. Despite all our best efforts and precautions the possibility can exist that errors slip into the online catalogue unnoticed; should this be the case we can not be held accountable.
ARTICLE 14- APPLICABLE LAW AND JURISDICTION
The present terms and conditions as presented above are subject to Belgian law. In case of litigation or dispute the Belgian law will be applied and the courts of Brussels have exclusive jurisdiction.
