Terms and conditions
Terms and conditions of Docteur Fish, based in Laval, Quebec.
1.1 These general terms and conditions apply to all offers of Docteur Fish. The conditions are accessible for everyone and included on the internet site of Docteur Fish. On request we send you a written copy.
1.2 By placing an order, you signify your agreement with the terms of delivery and payment.Docteur Fish reserves the right for its delivery and payment conditions after the term has expired.
1.3 Unless otherwise agreed in the General or specific conditions or stipulations by third parties will not be recognized by Docteur Fish.
1.4 Docteur Fish guarantees that the delivered product corresponds to the agreement and meets the specifications stated in the offer.
2.1 Delivery will take place as long as supplies last.
2.2 Under the rules of the sale on distance Docteur Fish will deliver orders at least within 30 days. If this is not possible (because the ordered is out of stock or no longer available), or there is a delay, or an order for other reasons can not or only partially be carried out, then the customer will be sent a message within 1 month after placement of the order and in this case has the right to cancel the order without any costs and notice of default.
2.3 Obligation to deliver by Docteur Fish, proof to the contrary, will be fulfilled as soon as Docteur Fish are offered to the customer once the goods have been delivered. At home delivery the report of the carrier, alleging the refusal of acceptance, is the full proof of the offer of delivery.
2.4 All terms mentioned on the website are indicative. The listed terms can therefore not be legally binding.
3.1 Prices are not raised within the duration of the offer, unless legal measures so require or where the manufacturer interim price increases.
3.2 All prices on the site are subject to printing errors. For the consequences of printing errors no liability is accepted.
3.3 All prices on the site are in Canadian Dollars and includes all applicable taxes.
4. Trial period/right of withdrawal
4.1 If there is a sale, in accordance with the distance selling Law (article 7: 5 BW), the buyer has the right to return (a part of) the delivered goods within a period of 7 days without giving any reason. This period begins when the ordered items are delivered. If the customer after this period has not returned the delivered goods to Docteur Fish, the sale is a fact. The purchaser is obliged, before moving on to return, within a period of 7 working days after delivery, in writing a report to Docteur Fish. The customer must prove that the goods supplied are returned in a timely manner, for example by means of a proof of mail delivery. Return of the business should be in the original packaging (including accessories and associated documentation) and have been maintained in new condition. If the delivered goods to the customer are used, loaded or in any way get corrupted will lapse dissolution within the meaning of this paragraph. Subject to what is provided in the previous sentence, Docteur Fish ensures that within 30 days after safe receipt of the return, the full purchase amount including the calculated shipping cost will be refunded to the customer. Returning the goods supplied will be entirely at the customer’s risk and expense.
5. Data management
5.2 Docteur Fish respects the privacy of the users of the internet site and assume a confidential treatment of your personal information.
5.3 Docteur Fish makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6. Warranty and compliance
6.1 The contractor guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date that the contract was legal provisions and/or Government regulations.
6.2 A manufacturer or importer by the entrepreneur, offered as a guarantee scheme does not diminish the rights and claims that the customer in respect of a failure in the performance of the obligations of the entrepreneur able to assert against the entrepreneur on the basis of the law and/or the distance contract.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered goods are wrong, defective or incomplete, then the customer is (before returning the goods to Docteur Fish) obliged in writing these defects immediately to Docteur Fish. Any defects or wrong delivered goods should and can be reported in writing to Docteur Fish up to 2 months after delivery. Return of the business should be in the original packaging (including accessories and associated documentation) and have been maintained in new condition. Putting into service after finding of fault, damage after detection of defaulting, encumbrance and/or by sales after detection of defaulting, doing this the right to claim defects and return will entirely be expired.
6.4 If the customer complaints by Docteur Fish are found well founded, Docteur Fish at its option will replace free of charge the delivered goods or will make a written arrangement over the compensation with the buyer, provided that the liability of Docteur Fish and, consequently, the amount of compensation is always limited to a maximum of the invoice amount of the relevant goods or (by choice of Docteur Fish) to the maximum in each case, by the liability insurance of Docteur Fish amount covered. Any liability of Docteur Fish for any other form of damage is excluded, including additional damages in any form, compensation for indirect damage or consequential loss or damage due to loss of profits.
6.5 Docteur Fish is not liable for damages caused by intent or gross negligence on the part of non-equivalent management staff.
6.6 This warranty does not apply if;
A) and as long as the customer is in default towards Docteur Fish;
B) the customer has parried and/or modified or repaired the delivered goods by himself or by third parties/or edit;
C) the delivered goods are exposed to unusual circumstances or otherwise careless handling or contrary to the instructions of Docteur Fish and/or instructions on the package are handled;
D) the inferiorly in whole or in part the result of rules that the Government has made or will make regarding the nature or the quality of the materials use
7.1 Offers are without engagement, unless otherwise specified in the offer.
7.2 Upon acceptance of an offer by buyer, Docteur Fish reserves the right to revoke or diverge the offer within the 3 working days after receipt of such acceptance.
7.3 Verbal promises connect Docteur Fish only after these have been confirmed expressly and in writing.
7.4 Offers of Docteur Fish do not also automatically apply to repeat orders.
7.5 Docteur Fish cannot be held to its offer if the customer should understand that the listing, or any part thereof, contained an obvious mistake.
7.6 Additions, amendments and/or further agreements are effective only if agreed in writing.
8.1 An agreement between Docteur Fish and a customer is established after an order assignment has been assessed on feasibility by Docteur Fish.
8.2 Docteur Fish reserves the right, without giving any reason not to accept orders or commands under the condition that the shipment is effected by cash on delivery or after payment in advance.
9.1 Unless otherwise agreed, payment will be done through Phone. The payment is part of the ordering process and must be done to complete the sale agreement. Payment in installments is not possible.
9.2 In the event of the bankruptcy or receivership of the recipient or a request therefore, the progress of Docteur Fish and the obligations of the customer towards Docteur Fish are immediately due and payable.
9.3 If Docteur Fish can show to have made higher costs which were reasonably necessary, these will also be recoverable.
10. Images and specifications
10.1 All images; photos, drawings etc.; among other things, data on weights, dimensions, colors, pictures of labels, etc. on the internet site of Docteur Fish apply only approximately, are indicative and will not entitle the buyer to damages or cancellation of the contract.
11. Force majeure
11.1 Docteur Fish is not liable, if and to the extent that its obligations cannot be met as a result of force majeure.
11.2 Force majeure means each strange cause, as well as each circumstance, which in fairness not to come for her risk. Delay or default by our suppliers, failures in the Internet, disruptions in the electricity, failures in e-mail traffic and disturbances or changes to technology provided by third parties, transport difficulties, strikes, Government measures, delays in the supply, omissions of suppliers and/or manufacturers of Docteur Fish as well as staff of helpers, disease, defects in aid or transport equipment apply explicitly as force majeure.
11.3 Docteur Fish reserves the right in case of force majeure to suspend its obligations and rights including the right to dissolve the agreement in whole or in part, or to demand that the content of the agreement is amended. In no event shall Docteur Fish be held to pay any fine or compensation.
11.4 If Docteur Fish onset the force majeure already fulfilled part of its obligations, or only be able to partially fulfill its obligations she will be entitled to invoice the customer for the already delivered goods or the deliverable part of the goods and the customer will be obliged to pay this invoice as if it concerned a separate contract. This shall not apply, however, if already delivered goods or the deliverable part of the goods has no independent value.
12. Retention of title
12.1 Property of all by Docteur Fish sold and delivered to the customer business remains with Docteur Fish as long as the customer has failed the claims of Docteur Fish under the agreement or previous or subsequent similar agreements, as long as the customer performed or to be performed work from this or similar agreements has not yet met and as long as the customer has not yet met the claims of Docteur Fish due to comply of such a contract, including claims in respect of fines, interest and costs, as referred to in article 3: 92 BW.
12.2 The by Docteur Fish delivered goods which fall under the retention of title shall only be sold in the framework of normal business activities and never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title nor in any way.
12.4 The customer gives now already her unconditional and irrevocable permission to Docteur Fish or a third to be appointed by Docteur Fish, in all cases where Docteur Fish wishes to exercise its property rights, to enter all those places where its property then will be stalled and to take its property along with her.
12.5 If third parties seize goods delivered subject to retention of title or wish to establish or assert a right to them, the customer has to notify Docteur Fish of this fact as soon as reasonably may be expected.
12.6 The purchaser undertakes the goods delivered subject to retention of title to insure and keep insured against fire, explosion and water damage as well as against theft and make this insurance policy available for inspection on first demand by Docteur Fish.
13. Applicable law/competent court
13.1 On all agreements the Dutch law is applicable.
13.2 Disputes, arising from an agreement between Docteur Fish and buyer, which cannot be solved by mutual agreement, the competent judge within the district Haarlem will take note unless Docteur Fish prefer to give the difference to the competent judge of the place of residence of the buyer, and with the exception of those disputes which belong to the competence of the district judge.