General Terms and Conditions - Argentor Essayeurs
You can find the link to the European platform for regulation of online disputes here: http://ec.europa.eu/odr
TITLE 1. IDENTIFICATION
Article 1. §1. “Argentor Essayeurs" is a public limited company (“naamloze vennootschap” / “société anonyme”, abbreviated into “nv” / “SA”), having its registered office at Lange Herentalsestraat 84-86, B-2018 Antwerp (Belgium). Registered with the Register of Legal Entities in Antwerp, Antwerp division, and recorded in the Crossroads Bank of Enterprises under the number 0431.852.314 and registered for VAT purposes under the number VAT BE 0431.852.314. Hereinafter, for the purposes of these general terms and conditions, it is referred to as "Argentor Essayeurs".
§2. Any natural person or legal entity that purchases goods and/or services or that intends to purchase goods and/or services from Argentor Essayeurs will be referred to in these general terms and conditions as the "Customer". If the Customer is not legally capable of entering into an agreement with Argentor Essayeurs, the agreement will be declared null and void, whereby only Argentor Essayeurs reserves the right to claim damages.
§3. The parties set out above in paragraphs 1 and 2 are hereinafter collectively referred to as the "Parties".
TITLE 2. GENERAL PROVISIONS
Article 2. These general terms and conditions form an integral part of all agreements concluded between Argentor Essayeurs and a Customer, unless Argentor Essayeurs expressly deviates therefrom in writing.
Article 3. §1. All advertising and offers, whether on www.argentorshop.be, orally, on paper or digitally, made by Argentor Essayeurs to an indeterminate number of persons does not, in any way, constitute an offer, in the sense of a unilateral binding contractual proposal in which all essential and significant elements for the completion of a contract are included. The sole purpose of these offers is to solicit an offer from a potential Customer.
§2. If a Customer makes an offer to Argentor Essayeurs, it is up to Argentor Essayeurs to accept, decline or make a counter-offer. If Argentor Essayeurs accepts the offer or wishes to make a counter-offer, it will issue an order form containing these declined conditions. This order form relates to the offer whereby the method of acceptance is exclusively regulated by Article 6.
TITLE 3. ESTABLISHMENT AND EXECUTION OF THE AGREEMENT
CHAPTER 1. ESTABLISHMENT OF THE AGREEMENT
Article 4. §1. This chapter applies to all cases in which a Customer makes an offer, either at the premises or away from the premises of Argentor Essayeurs, either online (www.argentorshop.be), or digitally. When placing the offer, the Customer is required to deposit the full amount as set out in the offer to Argentor Essayeurs in the following account: ING BE82 3631 5620 1968 or BNP Paribas BE34 0018 0627 5190.
§2. If the amount to be paid in advance when placing the offer exceeds the amount of 500,00 EUR, the customer must immediately pay 500,00 EUR at the time of making the offer. The balance must be paid within three days of placing the order. If the customer does not make the payment of the balance within this three-day period, at the time of payment of the balance, the customer will only receive the quantity of goods purchased at the price corresponding to the day rate of the payment of the balance, to the extent that this day rate is higher than the day rate at which the offer was initially placed. In no event shall the down payment paid immediately at the time of the offer being placed be refunded.
§3. Customers that are legal entities, can only validly make an offer if they provide Argentor Essayeurs with the following information accurately:
- Type of Company;
- Enterprise & VAT number;
- Registered office;
- E-mail address;
- Phone number.
§4. Customers who are natural persons can only validly make an offer if they provide Argentor Essayeurs with the data mentioned in the privacy statement.
- First name;
- Last name;
- Date and place of birth;
- E-mail address;
- Phone number;
- Valid proof of identity.
§5. The Customer may not challenge the validity of the offer made if it is based on incorrect Customer identification data.
§6. If a person makes an offer to Argentor Essayeurs in the name and on behalf of another person, the former will be personally liable for compliance with the agreement upon acceptance.
§7. Contracts relating to the supply of goods and services online through www.argentorshop.be can only validly be concluded if the Customer is domiciled in Belgium, the Netherlands & Luxemburg.
Article 5. §1. Where the Customer makes an offer, Argentor Essayeurs shall, within ten working days, with full discretion and under no obligation to provide any reasons, notify the Customer by e-mail or by post that the offer has been accepted, declined or modified. This notification shall be in the form of an order form. Notification by post shall be deemed to have been received three days after it has been sent by Argentor Essayeurs.
§2. If the notice to accept, decline or modify the offer is not sent by Argentor Essayeurs within the period specified in §1, the offer will be deemed to have been declined. Where an offer has been declined or when the time limit for notification has expired, the offer shall be deemed never to have been made and Argentor Essayeurs will undertake to reimburse the entire amount paid to Argentor Essayeurs in accordance with Article 4 as an undue payment with no interest due.
§3. Where an order form has been sent to the Customer within the time period as set out in §1, where the description of the goods or services mentioned in the offer from the Customer and the total amount reconciles with the amount already paid by the Customer in accordance with Article 4, this order form will be deemed to be an unconditional acceptance of the offer.
§4. Where an order form has been sent to the Customer within the time period as set out in §1, where the description of the goods or services only partially reconciles with that which is set out in the Customer's offer and/or the total amount set out in the order indicates an amount different from that which has already been paid by the Customer in accordance with Article 4, this issued order form will be deemed to be a unilateral binding offer by Argentor Essayeurs.
The Customer shall notify Argentor Essayeurs by e-mail within three business days following the sending of the order form with the amended terms and conditions of its acceptance or refusal of the offer. The agreement shall only be definitively concluded if the Customer has paid the balance, if any, in favour of Argentor Essayeurs based on the difference between the initial offer by the Customer and the modified order form from Argentor Essayeurs into the account of Argentor Essayeurs as set out in Article 4.
Where the Customer declines the offer in writing, if no timely notification has been given as a result of which the offer is deemed to have been declined or if there is a balance in favour of the Customer as a result of the amended order form, Argentor Essayeurs undertakes to refund the entire applicable amount paid to Argentor Essayeurs in accordance with Article 4 within a period of five business days on the basis of it being an undue payment to which no interest applies.
Article 6. §1. Where there has been a substantial increase in the market value of the goods or services forming part of the offer, of at least 0.5%, between the Customer's offer and the delivery of the goods or services, Argentor Essayeurs has the right to unilaterally make a new offer. If an agreement has already been concluded, Argentor Essayeurs has the right to unilaterally terminate this agreement, without being liable to the Customer for damages and to make a new offer to the latter.
§2. If the Customer does not accept this new offer which is based on the increase in the market value of the goods, Argentor Essayeurs undertakes to refund the entire amount paid to Argentor Essayeurs in accordance with Article 4 within a period of five business days on the basis of it being an undue payment to which no interest applies.
Article 7. The Customer may only make a new offer, provided that each previous offer made by the Customer has been paid for in accordance with Article 4.
CHAPTER 2. PERFORMANCE OF THE AGREEMENT BY ARGENTOR ESSAYEURS
Article 8. Argentor Essayeurs undertakes to describe, as accurately as possible, the characteristics with regard to all information, images, colour indications and other specifications relating to the goods and services sold. No compensation will be available for any inaccurate descriptions made. Argentor Essayeurs will not be liable for any damages resulting from clear and material errors.
Article 9. Where Argentor Essayeurs has invited potential Customers to make an offer as a result of advertising, www.argentorshop.be or any other form of communication they will be subject to a best-efforts obligation with respect to the delivery of the goods in accordance with the advertisements and quotations. This best-efforts obligation only applies if the Customer's order relates to goods for which Argentor Essayeurs has solicited offers and the offer is reasonable in both scope and time.
Article 10. Argentor Essayeurs will remain the owner of the goods (retain title) until the agreed full amount has been paid. In addition, it shall only be obliged to deliver the goods or services included in the contract once full payment has been received. Under no circumstances shall it be obliged to supply goods or services which have not been paid for in accordance with Article 4.
Article 11. §1. The delivery time for goods or services is estimated to be a minimum of 3 business days and a maximum of 15 business days. This delivery period is entirely indicative.
§2. Goods are deemed to have been delivered if they are made available to the Customer at the premises of Argentor Essayeurs or, as the case may be, at an agreed address. Services are deemed to have been delivered when they have been performed.
§3. Argentor Essayeurs shall in no way be liable for damages, costs and/or losses suffered by the Customer with regard to late delivery. Nor will late delivery necessarily result in the right to terminate the agreement on the part of the Customer, unless the late delivery is exceeded to such an extent that the Customer can clearly not be expected to honour the agreement.
§4. Argentor Essayeurs reserves the right to extend the delivery period or unilaterally terminate the agreement in the event that it is unable to deliver in accordance with what has been agreed due to force majeure. Argentor Essayeurs shall inform the Customer of this in writing. In such a case, Argentor Essayeurs undertakes to repay the full amount paid to it in accordance with Article 4 on the basis of this being an undue payment to which no interest applies. In such a case, there will be no compensation for damages.
CHAPTER 3. PERFORMANCE OF THE AGREEMENT BY THE CUSTOMER
Article 12. §1. Irrespective of the total amount, no cash payment may be made or received for more than 3.000,00 EUR or its equivalent in another currency, in the context of the transaction or the transaction as a whole which is associated with said payment.
§2. Except in the case of a sale by public auction carried out under the supervision of a bailiff, a person who is not a consumer may not pay another person in cash when buying scrap metal, copper cables or goods containing precious substances, unless these precious substances are present only in small quantities and because of their necessary physical properties.
§3. By way of derogation from paragraph 2, a person who is not a consumer may only pay a person who is a consumer cash up to an amount of 500,00 EUR when purchasing scrap metals or goods containing precious substances, unless these precious substances present only are in small quantities and because of their necessary physical properties.
Article 13. Set-off, in accordance with Articles 1289 to 1299 of the Belgian Civil Code, is not available to the Customer.
CHAPTER 4. COSTS
Article 14. Specific costs relating to the establishment of the contract and the delivery of the services or goods, such as, but not limited to, costs relating to valuation, administrative charges, taxes and postage, will be included separately on the invoice issued by Argentor Essayeurs.
CHAPTER 5. RISK
Article 15. Risk of the total or partial loss of goods will be transferred to the Customer at the time of delivery.
TITLE 4. AFTER SALES
CHAPTER 1. COMPLAINTS
Article 16. At the time of delivery, the Customer will examine the delivered goods or services to confirm that they conform with what has been agreed. In the event of a complaint in this respect the Customer shall notify Argentor Essayeurs in writing within eight days. If no complaint is submitted within the set term Argentor Essayeurs is deemed to have made delivery in accordance with what was agreed upon. The right to make a complaint with respect to the delivered goods and services lapses upon expiry of this term.
Article 17. In the event of a complaint within the period specified in Article 16, Argentor Essayeurs shall replace the defective goods and/or make an additional delivery.
Article 18. Argentor Essayeurs is only obliged to accept returned goods and reimburse the agreed amount if it concludes that the defect in the delivered item was not caused by the Customer.
CHAPTER 2. LIABILITY
Article 19. §1. Argentor Essayeurs shall only be liable in cases where the direct damage on the part of the Customer is due to intentional or obvious gross negligence on the part of Argentor Essayeurs.
§2. Argentor Essayeurs shall under no circumstances be liable for indirect damages such as loss of profit and incurred losses.
§3. The compensation due from Argentor Essayeurs will be limited to the purchase price indicated in the Customer's or Argentor Essayeurs' offer in accordance with Title 3 and may not exceed EUR 30,000.00.
CHAPTER 3. APPLICABILITY OF ARTICLE VI.53, 2° BELGIAN CODE OF ECONOMIC LAW
Article 20. In view of the nature of the goods delivered by Argentor Essayeurs, the Customer acknowledges that the right of withdrawal within 14 days in the case of a distance sale is not applicable under any circumstances, in view of Article VI.53, 2° of the Belgian Code of Economic Law, since the price of the delivered goods is subject to fluctuations on the financial market over which the company has no influence and which may occur within the appeal period.
CHAPTER 4. COMPETENT JURISDICTION AND APPLICABLE LAW
Article 21. §1. The Belgian courts and tribunals shall have jurisdiction in respect of all disputes relating to agreements to which these general terms and conditions apply.
§2. The Antwerp enterprise court, Antwerp division has exclusive jurisdiction with regard to all disputes within the general framework of agreements to which the present general terms and conditions apply, unless the parties agree otherwise.
§3. With regard to all disputes within the general framework of agreements to which the present general terms and conditions apply, Belgian law shall apply.