Introduction
These Terms govern
- the use of Europese GoudStandaard, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Europese GoudStandaard is provided by:
N.V. Benelux Investment Group
Sint Martinusstraat 22
2470 Retie, België
Owner contact email: info@EuropeseGoudStandaard.be
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using Europese GoudStandaard.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Europese GoudStandaard.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on Europese GoudStandaard
Unless where otherwise specified or clearly recognisable, all content available on Europese GoudStandaard is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Europese GoudStandaard infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on Europese GoudStandaard - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on Europese GoudStandaard, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Europese GoudStandaard, the User may download, copy and/or share some content available through Europese GoudStandaard for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through Europese GoudStandaard Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
Europese GoudStandaard and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Europese GoudStandaard and/or the Service violates no applicable law, regulations or third-party rights.
TERMS AND CONDITIONS OF SALE
Provision of personal data
To access or receive some of the Products provided via Europese GoudStandaard as part of the Service, Users may be required to provide their personal data as indicated on Europese GoudStandaard.
Paid Products
Some of the Products provided on Europese GoudStandaard, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Europese GoudStandaard.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of Europese GoudStandaard and are subject to change without notice.
While Products on Europese GoudStandaard are presented with the greatest accuracy technically possible, representation on Europese GoudStandaard through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
- Each order submitted constitutes an offer to purchase. The submission of the order creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt. Unless stated otherwise in the relevant communication, the aforementioned receipt merely indicates reception of the order and does not constitute acceptance of the order.
Order acceptance
- Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.
- Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Europese GoudStandaard are displayed:
- including all applicable fees, taxes and costs.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Europese GoudStandaard.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of Europese GoudStandaard.
Delivery times are specified on Europese GoudStandaard or during the purchasing process.
Modality for arranged delivery
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice in good time and at their own risk and expense.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Force Majeure
The Seller shall be entitled to suspend or cancel all obligations arising from any agreement with the Customer if a case of force majeure occurs.
By “force majeure” are meant circumstances which the parties, when entering into the agreement, could not reasonably have foreseen, and which prevent the full performance thereof. Force majeure shall, in any event, include: war, risk of war, mobilisation, riot, sabotage, extreme weather conditions, fire, strike, business and transport disruptions, lack of raw materials or energy, delay in supply by suppliers, exceptional macro-economic or political events, scarcity of precious metals not attributable to the Seller, or government measures making performance of the agreement impossible.
Orders placed online by the Customer
* on working days between 17:00 and 9:00 the following working day;
* at weekends between Friday evening 17:00 and Monday morning 9:00;
* on public holidays;
may, if external circumstances require, be revoked unilaterally by the Seller. This must be communicated by the Seller no later than 10:00 am on the next working day following the aforesaid period or public holiday. By “external circumstances” are meant circumstances as referred to (but not limited to) as referenced above, which in the said period lead to large (>2%) increases or decreases in the prices of the precious metals involved, or limitations in the trade of precious metals or disruptions in payment traffic. In addition, orders exceeding EUR 100,000 placed outside the aforementioned trading hours may be revoked if no immediate (advance) payment by the Customer has been made, making it impossible for the Seller to verify the “authenticity” of the order.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply on Europese GoudStandaard
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over Europese GoudStandaard due to the nature of its offering.
Guarantees
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell to Consumers.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on Europese GoudStandaard in accordance with the laws of the country of their habitual residence.
National laws of such country may grant Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.
Conformity to contract for Consumers in the United Kingdom
Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.
Legal guarantee of conformity for goods for Consumers in Brazil
The legal guarantee applicable to goods sold by Europese GoudStandaard (both physical and digital) complies with the following terms, according to the Consumer Protection Code:
- non-durable goods shall have a thirty-day (30 day) guarantee; and
- durable goods shall have a ninety-day (90 day) guarantee.
The warranty period starts from the date of goods delivery.
The warranty is not applicable in cases of misuse, natural events or if it has been subjected to any maintenance other than that provided by Europese GoudStandaard.
The warranty may be claimed through the contact channels provided by Europese GoudStandaard. The Owner shall bear the costs of shipping the goods for technical assessment, if necessary.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulations applicable to contractual warranties can be found in the specifications provided by Europese GoudStandaard. If no such information is provided, only the statutory provisions shall apply.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Europese GoudStandaard has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Europese GoudStandaard and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of Europese GoudStandaard.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Europese GoudStandaard are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Europese GoudStandaard are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of Europese GoudStandaard must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Europese GoudStandaard or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 7 days of receiving it.
Definitions and legal references
Europese GoudStandaard (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Europese GoudStandaard and/or the Service to Users.
Product
A good or service available through Europese GoudStandaard, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.
Service
The service provided by Europese GoudStandaard as described in these Terms and on Europese GoudStandaard.
Terms
All provisions applicable to the use of Europese GoudStandaard and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.
User (or You)
Indicates any natural person or legal entity using Europese GoudStandaard.
Consumer
Consumer is any User qualifying as such under applicable law.