General Terms and Conditions available to all clients

ATTENTION: a PURCHASE ORDER may not be CANCELLED — PLEASE READ CAREFULLY!

Unless expressly provided otherwise by the two parties, only the general and special terms and conditions apply hereafter.

GENERALES TERMS AND CONDITIONS OF SALE

GOLDSILVER.BE

Article 1 : Foreword

The present conditions of sale are agreed between, on the one hand, S.P.R.L. ELECTRUM, whose head office is situated at no. 18, Avenue Lavoisier, 1300 WAVRE (BELGIUM), registered with the B.C.E. under reference number 0599.920.551, hereinafter referred to as "the vendor", and, elsewhere, by any natural or legal person who wishes to make a purchase on the vendor’s Internet website, hereinafter referred to as "the buyer”.

Article 2 : Object

The present conditions of sale aim to define the contractual relations between the vendor and buyer as well as the conditions applicable to any purchase made through the commercial site of the vendor, whether the buyer is a professional or a consumer. 

The acquisition of goods or service through this Website implies the full acceptance by the buyer of these terms and conditions of business.

These conditions of sale shall prevail over any other general or special conditions not specifically approved by the vendor.

 The vendor reserves the right to implement changes to the conditions of sale at any time. 

In this case, the applicable conditions will be the ones in effect at the date of the 

order by the buyer.

Article 3 :  Products and services for sale

Products for sale are listed in the catalog published on the vendor’s Website. Each product is accompanied by a description provided by the supplier. 

The photographs in the catalog are as accurate as possible but cannot ensure complete similarity with the product offered, in particular with regard to the colours of the metals and the product details.

 These products are offered subject to stock availability. 

If, despite these efforts, all or some of the articles are unavailable, the vendor will inform the buyer by email as quickly as possible and suggest either waiting or canceling their order for the unavailable articles without cost. The available articles will be delivered normally.

Article 4 : Tariffs

The price of products and services posted on the Website is given in Euros with all taxes included (VAT and any other applicable taxes). 

The vendor reserves the right to modify prices at any time, based on the metal market. However, the prices applicable for the order are the current prices at the time of the confirmation of the order by the vendor.

The prices posted do not include the cost of order processing, transportation and delivery, even though they take place in the following geographical zones. 

Article 5 : Geographic zones

The online sale of products and services presented on the vendor’s site is reserved exclusively for customers residing in European Union (EU) and European Economic Area (EEA) countries and for deliveries requested in those geographic areas.

Article 6 : Orders

The buyer, who wishes to buy a product or service must: 

• complete the identification sheet with all the data requested, or give their customer number if they have one; the address may not be changed after payment is received and the invoice generated

• fill in the order form online giving all the references of products chosen

• confirm the order after checking it

• confirm the order without conditions

• wait for the order to be confirmed by the vendor by email

• pay by email following the Website instructions and within an hour of the vendor’s confirmation

• confirm payment.

Confirmation of the order by the buyer implies acceptance of these terms and conditions of sale and the acknowledgment of understanding them and that they should prevail over their own conditions of purchase, or any other conditions.

In the event of the buyer failing to proceed to payment by email for the order following the instructions on the Website and within the deadline of an hour of the confirmation of the order by the vendor, the order will be automatically and irrevocably canceled.

A new customer is allowed one single transaction at a time.

One single customer account per household is allowed but several invoice- or shipping addresses per customer account are allowed. No email address changes are allowed except after explicit approval from Goldsilver.be

Article 7 : Right of cancellation

Article VI.47 of the Economic Activity Code stipulates that the consumer has the right to notify the vendor that he is canceling his purchase without penalty and without justification within 14 working days as from the day after the delivery of the product or the end of the service contract.

 This right of withdrawal does not extend to the professional buyer. 

However, Article VI.53 of the Economic Activity Code states that the consumer may not exercise the right of withdrawal specified in Article VI.47 for (2°-) for the provision of goods or services whose price depends on fluctuations in the financial market outside the supplier's control and likely to occur during the cancellation period.

Also, neither the consumer nor the professional buyer has the right of withdrawal in their contractual relations with S.P.R.L. ELECTRUM.

In case both the customer and Electrum LT agree to the cancellation of an order, the costs of the cancellation will be charged as follows:

- difference between the price of the products on the moment of cancellation and the price when the order was placed

- +0.14 euro per silver ounce, +8 euros per gold ounce, +8 per platinum ounce, +550 per rhodium or palladium ounce

- + 55 euros accountant costs

If no payment is received within 4 days as required, Electrum lt can cancel the order unilaterally in order to avoid important damage due to price fluctuation.

In case of failure to pay within the fixed delay ,  collections costs ( 50 euros ) ,  legal advisor costs ( minimum 450€ ), subsidiary costs, and cancellation costs as described here above will be charged.

Article 8 : Methods of payment

Payment should be made by Visa or Mastercard / bank wire transfer.

Payments should be done immediately after the order is placed and received within 3 days.

The articles purchased remain our exclusive property until full payment for the order and previous orders is made by the buyer and the payment credited to S.P.R.L. ELECTRUM’s bank account.

Article 9 : Delivery

Deliveries are made to the address given on the order form and can only be in the agreed geographical zone with the restrictions given in Article 5. 

The goods are transported at the vendor’s risk right up to their delivery at the address given by the buyer. From then on the buyer only assumes the risk.

 The delivery times given when the order is confirmed are only estimates. So are delivery times given by the delivery company.

 In the event of a delivery being over 15 working days late, except in duly justified cases of force majeure, the non-professional buyer is entitled to demand that the vendor either pay a penalty corresponding to 1% (one per cent) of the amount minus VAT for every day of delay or terminate the contract and be reimbursed.

In case of security and temporary storage for merchandise ordered and paid for, the vendor may unilaterally decide at any time to deliver without explanation.

The period of fifteen working days runs from the full payment of the order, this payment meaning the amount being credited to S.P.R.L. ELECTRUM’s bank account.

The following are expressly considered to be cases of force majeure: events such as disruption of production, transport or delivery services, strikes, lockout, embargo, war, acts of terrorism or their consequences, supply problems, epidemics, bad weather, bankruptcy or judicial reorganization of the vendor’s or buyer’s suppliers or wholesalers, factum principis, and more generally any similar event affecting the vendor or their suppliers and delaying or preventing fulfillment of their obligations.

An order may not be delivered until the customer completes payment of all open orders.

Claims concerning shipped orders have to be filed within 2 weeks' dispatch date. After this period, the parcel will be considered as received in good condition. Claims will no longer be considered.

Parcel not received claims have to be filed within 60 minutes of receipt of email delivery notification by the delivery company; the claim has to be sent to info@goldsilver.be . If no email is received within that period of time, the parcel is considered as being received in good condition. The proof of delivery at the right address is considered as sufficient. No signature is required for B2B deliveries.

Email landed in spam folder may not be used as an excuse.

Article 10 : Guarantee

With regard to consumers, the vendor guarantees the products sold and the services provided under the law of September 1, 2004, protecting consumers' interests and governing the sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code).

In the event of nonconformity of a product sold, which becomes apparent within two months of delivery of the goods, the consumer must notify the vendor as quickly as possible accurately and in detail by registered letter or email.

This guarantee only covers failures of non-conformity existing at the time of delivery of the merchandise. Defects or damage due to incorrect handling, such as water damage, oxidation, a fall or shock, negligence and wear and tear are not covered by the guarantee. Likewise, our warranty will become invalid if work and repairs are carried out by the buyer or persons other than those employed by us. 

The invoice serves as a guarantee and must be carefully kept by the consumer and the original submitted. 

Unless the product is acquired for private purposes, the guarantee and responsibilities of the vendor are exclusively limited to those of the manufacturers, wholesalers and suppliers of the products sold named in the guarantee given by the vendor at the conclusion of the sales contract and duly completed.

Third-party claims must therefore be limited to the manufacturer or supplier of the products distributed by the vendor.

Article 11 : Responsibility

The vendor, in the process of selling online, is bound only by an ‘obligation of means’; he cannot be held liable for damage resulting from the use of the Internet such as loss of data, intervention, virus, break down of the service, or any other involuntary problems.

The data presented on the site are given in good faith. The links given for manufacturers’ and/or partners’ sites are for information purposes only. The vendor cannot be held responsible for the information on these sites.

Article 12 : Intellectual property

All elements of the vendor’s Website are and remain their exclusive intellectual property.

No one is authorized to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio.

Every simple or hypertext link is strictly forbidden without the express prior written 

consent of the vendor.

Article 13 : Personal data

All personal data necessary to process a purchase order are stored by the vendor or his colleagues and can be forwarded to the companies with which the vendor — or his suppliers — works whenever necessary to fill an order.

The user also authorizes the vendor to use the data for statistics so as to improve his site and the goods and services he offers.

This information may also be used to circulate information concerning the vendor’s commercial activities with his clientele by all media.

The vendor also stores personal data to facilitate subsequent orders.

The vendor agrees not to reveal the information he stores to another company or enterprise.

The data stored by the vendor may be claimed at any time and corrected by simple request.

Article 14 : Proof

The parties accept, in the context of their relations, electronic proof (for example: email, computer backups…)

Customers are required to provide proof of identity on request of the seller in certain special cases (insurance, ...)

Article 14 : Unallocated funds

GOLDSILVER.BE is not allowed to receive unallocated funds. Rejection or refund costs will be charges 10.00€.

Article 16 : Dispute resolution

The contractual relationship between the vendor and the buyer is governed by Belgian law, notwithstanding contrary provisions of any international law or Belgian or foreign international private law and even in the case of a claim under guarantee.

All disputes relating to the formation, performance or interpretation of the terms and conditions of sale and the agreements they apply to and which cannot be resolved amicably will be subject to the exclusive jurisdiction of the district of BRABANT WALLON unless the buyer is acting in the course of business, in which case the dispute is subject to the plaintiff’s choice to the jurisdiction designated in article 624, 1°, 2° ou 4° of the Judiciary Code.

Translation Frech - English

Clare Wadsworth

French version of GT&C prevails.