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GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS
Article 2 – Identity of the Seller
Article 4 – Offer, order and order confirmation
Article 7 – Delivery / pick-up
Article 13 – Litigation and applicable law
GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS
Article 2 – Identity of the Seller
Article 4 – Offer, order and order confirmation
Article 7 – Delivery / pick-up
Article 8 – Liability and warranty
Article 9 – Right of withdrawal
Article 14 – Litigation and applicable law
GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS
Article 1 – Definitions
Buyer: The natural or legal person acting in the course of his or her profession or business and entering into a remote agreement with the Seller;
Agreement: An agreement whereby, within the framework of a system organised by the Seller for the remote sale of materials and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication;
Parties: Joint designation of Buyer and Seller;
Seller: The legal entity that remotely offers materials and/or services to the Buyer;
Website: The domain name on which the Buyer can order materials from the Seller.
Article 2 – Identity of the Seller
Disteel N.V.
Metropoolstraat 19
B-2900 Schoten
Telephone number: +32 3 641 99 99
Fax: +32 3 641 99 58
E-mail address: contact.wondelgem@arcelormittal.com
VAT identification number: BE0401.546.445
Article 3 – Applicability
Buyer expressly accepts that these General Terms and Conditions apply to every offer of, every order with, every Agreement with and every delivery by Seller. In other words, these General Terms and Conditions govern exclusively the entire commercial relationship between Buyer and Seller and should always be read together with Seller’s General Terms and Conditions for ordinary sales. In the event of contradiction, these General Terms and Conditions shall prevail.
Buyer and Seller expressly agree that Buyer’s terms and conditions of purchase, General Terms and Conditions, etc. do not in any way apply, even tacitly, to the Agreement concluded between Buyer and Seller.
Deviation from these General Terms and Conditions is only possible if the Seller agrees to this in writing.
The Seller reserves the right to unilaterally amend its General Terms and Conditions at any time. The Parties expressly agree that the amendment(s) made will automatically apply to the commercial relationship existing between the Buyer and the Seller from the moment of their online publication.
Article 4 – Offer, order and order confirmation
4.1 Offer
Any offer made by the Seller is, as far as it is concerned, free of obligation and non-binding.
Each offer of the Seller is subject to the express reservation of availability of the relevant materials.
4.2 Order
Buyer places his order using the online catalogue and the form on the Website.
By placing an order, the Buyer expressly accepts the price, the characteristics of the materials and the applicability of these General Terms and Conditions to the Agreement to be concluded with the Seller.
The Buyer accepts that his order is final from the moment it is placed and therefore cannot be changed, cancelled or revoked, except in the case of written agreement by the Seller.
4.3 Order confirmation
After the order has been placed by the Buyer, the Buyer will receive an electronic order confirmation from the Seller within 24 hours.
From the moment of receipt of this electronic order confirmation by the Buyer, an Agreement arises between the Parties.
In this order confirmation, the Buyer’s order is confirmed, with an indication of the (subject to reservation) expected delivery time. The Buyer expressly accepts that the Seller may unilaterally change the specified delivery period.
Article 5 – Pricing
Unless the Seller expressly stipulates otherwise, the prices quoted by the Seller are expressed in Euros and are exclusive of VAT, packaging and transport costs.
The Seller reserves the right to unilaterally change the prices mentioned on the Website.
Only if an order is placed by the Buyer and the relevant materials are in stock at the same time, can the Seller guarantee the price indicated on the Website.
Article 6 – Payment
6.1. Generalities and retention of title
The materials ordered by the Buyer remain the property of the Seller until full payment of the price by the Buyer to the Seller.
Each order by the Buyer is made with the express obligation on the part of the Buyer to pay the total price of the materials ordered to the Seller.
If the Buyer’s payment cannot be received 100% when the order is placed, the Seller reserves the right to postpone the acceptance and delivery/pick-up of the order.
6.2. Invoicing
Buyers who place an order for the first time pay the full price by credit card when finalizing the order.
Buyers who are already known in the Seller’s system are given the choice between (i) paying the full price by credit card when finalizing the order OR (ii) paying the invoice handed over to the Buyer at the time of delivery/collection. Where applicable, the invoice must be paid no later than 30 days after the date of the invoice, failing which the Buyer shall automatically and without notice of default be liable to pay interest equal to the interest rate laid down in the Law of 2 August 2002, plus a fixed compensation of 10% of the amount of the invoice.
Article 7 – Delivery / pick-up
7.1. General information
When placing his order, the Buyer may choose between either collecting the order independently or having the order delivered by the Seller, except if the Seller does not allow the materials to be collected for security or other reasons.
Both delivery and collection can only take place from the moment that the Seller has received the total price of the order from the Buyer. The Buyer expressly acknowledges and accepts that the Seller has the right to postpone the date of delivery/collection until full receipt of the total price.
7.2. Pick-up
Collection will take place at the address stated in the order confirmation and is only possible at the time indicated by the Seller. If Buyer fails to collect his materials on time, the arrangement in Article 7.5. of these General Terms and Conditions shall apply.
Buyer accepts that the loading, stacking and fastening of the goods takes place at its own risk. Transport is also at the sole risk of the Buyer, who must also provide suitable transport for the materials.
7.3. Delivery
In case of delivery, the Buyer must provide a delivery address. This address cannot be changed after placing the order, except in case of explicit written agreement of the Seller. The Buyer expressly accepts that he bears the risk of the accessibility of the delivery address provided by him. If the specified delivery address proves to be unsuitable for the delivery of the order, the Buyer shall automatically owe the Seller a minimum fixed compensation of EUR 150, without prejudice to the Seller’s right to recover from the Buyer any damage suffered.
The Buyer also undertakes to be present at the delivery address at the time of delivery by the Seller. In the absence of the Buyer, the materials shall be returned to the following address of the Seller: for the Wondelgem site: Industrieweg 106, B-9032, Wondelgem; for the Malonne site: 20, Rue Gabriël de Moriamé, B-5020 Malonne, where the Buyer may collect the materials by written agreement with the Seller. The Buyer will find a message about this in his letterbox. Where applicable, the Buyer shall owe a minimum flat-rate sum of EUR 150 to cover the costs of useless transport.
Finally, the Buyer accepts that the Seller – in the event of delivery to the Buyer – reserves the exclusive right to unilaterally determine the most suitable packaging and method of dispatch (for example, by splitting it up into partial deliveries). Packaging of materials will not be taken back by the Seller.
7.4. Compliance
Both in the event of delivery and in the event of collection, the Buyer is deemed to check the materials that are the subject of the Agreement for conformity and any defects.
7.5. Buyer’s liability in the event of non-collection or refusal to accept delivery
If Buyer fails to collect or take delivery of the materials that are the subject of the Agreement, further storage of the goods shall be at Buyer’s expense and risk, in which connection a minimum fixed amount of EUR 25 per commenced working day shall be charged, without prejudice to Seller’s right to recover its actual loss from Buyer.
Seller is entitled to cancel the Agreement after one week’s storage at Buyer’s expense. Where applicable, Buyer shall owe a one-off cancellation fee of 20% of the total amount stated in the order confirmation (with a minimum of EUR 150) and more than the storage costs payable by Buyer, as stated in the paragraph above.
Article 8 – Liability
8.1. Late delivery
The Seller shall only be liable for possible damage as a result of late delivery if an intentional fault or fraud on the part of the Seller or its appointees and/or performance agents is proven.
8.2. Non-conformity of materials
- General
The Seller is in no way deemed to have to consider the concrete use that the Buyer wishes to make of the materials. The Buyer is solely responsible for verifying the technical properties and specifications of the materials with a view to the use he wishes to make of the materials.
Furthermore, the Seller cannot be held liable in any way whatsoever for any damage that may occur as a result of operations carried out or commissioned by the Buyer on the materials.
- Visible defects
If, during the inspection of the materials at the time of delivery or collection, the Buyer discovers that the goods delivered are not in conformity, he must state this explicitly and in writing on the documents confirming the delivery. The mentioned defects are considered to be exhaustive. In the absence of any notification on the aforementioned documents, the goods shall be deemed to be in conformity.
- Hidden defects
After receipt of the materials by Buyer (following delivery or collection), Buyer has a period of 8 (eight) calendar days to report any hidden defects to Seller in writing, on pain of forfeiture.
- Liability of the Seller
If the Buyer proves the presence of visible and/or hidden defects, the Seller shall always have the choice between either taking back the materials in question, after which the Seller shall deliver them again (in conformity) on a date to be determined by the Seller, or paying compensation for the damage proven and suffered by the Buyer (without prejudice to the provisions of Article 8.3. of the present General Terms and Conditions).
8.3. Limitation of liability
In any event, the Seller’s liability is expressly limited to compensation for the foreseeable, personal and direct damage suffered by the Buyer, up to a maximum of 75% of the amount paid by the Buyer.
Buyer’s liability is excluded for all indirect damages, including (but not limited to) loss of profits, loss of customers, loss of opportunities, etc.
Any legal claims against the Seller must – on pain of forfeiture – be brought before the competent court within 2 (two) months following the date of the order and shall only be admissible after the Buyer has expressly notified the Seller by registered letter in which the Seller is allowed a reasonable period of time to remedy the situation.
Article 9 – Privacy
The Seller undertakes that the collection and processing of personal data is carried out in accordance with the General Data Protection Regulation no. 2016/679, abbreviated as ‘GDPR’ and all other applicable regulations, including the ArcelorMittal Data Protection Procedure and the Privacy Notice.
Article 10 – Force majeure
If the Seller is confronted with a situation of force majeure, the performance of its obligations will be suspended automatically and by operation of law for as long as the situation of force majeure lasts.
If the force majeure situation continues for more than one month, the Seller will be entitled to terminate the Agreement unilaterally, free of charge and with immediate effect.
Force majeure is understood to mean any situation that makes it impossible for the Seller, beyond its control, to perform the Agreement concluded with the Buyer, such as but not limited to: natural disasters, wars, strikes, etc.
Article 11 – Divisibility
Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions shall not affect the validity and enforceability of the remaining provisions. Where appropriate, the Parties undertake to replace the provision in question with a valid and enforceable clause that approximates the original purpose of the provision in question as closely as possible.
Article 12 - No waiver
The fact that, by way of exception, the Seller does not invoke compliance with a provision forming part of these General Terms and Conditions may in no way be interpreted as a future waiver.
Article 13 – Litigation and applicable law
These General Terms and Conditions, as well as the relationship existing between the Parties, are entirely and exclusively governed by the provisions of Belgian law.
The courts of Ghent and Namur have exclusive jurisdiction to adjudicate any disputes between the Buyer and the Seller.
GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS
Article 1 – Definitions
Remembrance period: Term within which the Consumer may exercise his right of withdrawal;
Consumer: The natural person who is not acting for purposes relating to his trade, business, craft or profession;
Right of withdrawal: The Consumer's option to renounce the Agreement with the Seller within the Remembrance Period;
Model revocation form: the European model withdrawal form set out in Annex I to these conditions;
Agreement: An agreement whereby, within the framework of a system organised by the Seller for the remote sale of materials and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for remote communication;
Parties: Joint designation of Consumer and Seller;
Seller: The legal entity that remotely offers materials and/or services to the Consumer;
Website: The domain name on which the Consumer can order materials from the Seller.
Article 2 – Identity of the Seller
Disteel N.V.
Metropoolstraat 19
B-2900 Schoten
Telephone number: +32 3 641 99 99
Fax: +32 3 641 99 58
E-mail address: contact.wondelgem@arcelormittal.com
VAT identification number: BE0401.546.445
Article 3 – Applicability
Consumer expressly accepts that these General Terms and Conditions apply to every offer of, every order with, every Agreement with and every delivery by Seller. In other words, these General Terms and Conditions govern exclusively the entire commercial relationship between Consumer and Seller and should always be read together with Seller’s General Terms and Conditions for ordinary sales. In the event of contradiction, these General Terms and Conditions shall prevail.
Consumer and Seller expressly agree that Consumer’s terms and conditions of purchase, General Terms and Conditions, etc. do not in any way apply, even tacitly, to the Agreement concluded between Consumer and Seller.
Deviation from these General Terms and Conditions is only possible if the Seller agrees to this in writing.
The Seller reserves the right to unilaterally amend its General Terms and Conditions at any time. The Parties expressly agree that the amendment(s) made will automatically apply to the commercial relationship existing between the Consumer and the Seller from the moment of their online publication.
Article 4 – Offer, order and order confirmation
4.1 Offer
Any offer made by the Seller is, as far as it is concerned, free of obligation and non-binding.
Each offer of the Seller is subject to the express reservation of availability of the relevant materials.
4.2 Order
Consumer places his order using the online catalogue and the form on the Website.
By placing an order, the Consumer expressly accepts the price, the characteristics of the materials and the applicability of these General Terms and Conditions to the Agreement to be concluded with the Seller.
The Consumer accepts that his order is final from the moment it is placed and therefore cannot be changed, cancelled or revoked, except in the case of written agreement by the Seller.
4.3 Order confirmation
After the order has been placed by the Consumer, the Consumer will receive an electronic order confirmation from the Seller within 24 hours.
From the moment of receipt of this electronic order confirmation by the Consumer, an Agreement arises between the Parties.
In this order confirmation, the Consumer’s order is confirmed, with an indication of the (subject to reservation) expected delivery time. The Consumer expressly accepts that the Seller may unilaterally change the specified delivery period.
Article 5 – Pricing
The price only applies to the products as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Unless the Seller expressly stipulates otherwise, the prices quoted by the Seller are expressed in Euros and include VAT and all other taxes and duties payable by the Consumer. Any packaging and/or transport costs shall also be stated.
The Seller reserves the right to unilaterally change the prices stated on the Website.
Only if an order is placed by the Consumer and the relevant materials are in stock at the same time, can the Seller guarantee the price stated on the Website.
Article 6 – Payment
6.1. Generalities and retention of title
The materials ordered by the Consumer remain the property of the Seller until full payment of the price by the Consumer to the Seller.
Each order by the Consumer is made with the express obligation on the part of the Consumer to pay the total price of the materials ordered to the Seller.
If the Consumer’s payment cannot be received 100% when the order is placed, the Seller reserves the right to postpone the acceptance and delivery/pick-up of the order.
6.2. Invoicing
Consumers pay the full amount in full when finalizing the order.
Article 7 – Delivery / pick-up
7.1. General information
When placing his order, the Consumer may choose between either collecting the order independently or having the order delivered by the Seller, except if the Seller does not allow the materials to be collected for security or other reasons.
Both delivery and collection can only take place from the moment that the Seller has received the total price of the order from the Consumer. The Consumer expressly acknowledges and accepts that the Seller has the right to postpone the date of delivery/collection until full receipt of the total price.
7.2. Pick-up
Collection will take place at the address stated in the order confirmation and is only possible at the time indicated by the Seller. If Consumer fails to collect his materials on time, the arrangement in Article 7.5. of these General Terms and Conditions shall apply.
Consumer accepts that the loading, stacking and fastening of the goods takes place at its own risk. Transport is also at the sole risk of the Consumer, who must also provide suitable transport for the materials.
7.3. Delivery
In case of delivery, the Consumer must provide a delivery address. This address cannot be changed after the order has been placed, except in the case of the express written agreement of the Seller. The Consumer expressly accepts that he bears the risk of the accessibility of the delivery address provided by him. The risk of unloading is also borne by the Consumer.
If the specified delivery address proves to be unsuitable for the delivery of the order, the Consumer shall automatically owe the Seller a minimum fixed compensation of EUR 150, without prejudice, however, to the right of the Seller to recover its actual loss from the Consumer.
The Consumer also undertakes to be present at the delivery address at the time of delivery by the Seller. In the absence of the Consumer, the materials will be taken back by the Seller. The Seller will inform the Consumer at which address the materials are located, where the Consumer can collect the materials after written agreement with the Seller. The Consumer will find a message about this in his mailbox. Where applicable, the Consumer shall owe a minimum lump sum of EUR 150 to cover the costs of useless transport.
Finally, the Consumer accepts that the Seller – in the event of delivery to the Consumer – reserves the exclusive right to unilaterally determine the most suitable packaging and method of dispatch (for example, by splitting it up into partial deliveries). Packaging of materials will not be taken back by the Seller.
7.4. Compliance
Both in the event of delivery and in the event of collection, the Consumer is deemed to check the materials that are the subject of the Agreement for conformity and any defects.
7.5. Consumer’s liability in the event of non-collection or refusal to accept delivery
If Consumer fails to collect or take delivery of the materials that are the subject of the Agreement, further storage of the goods shall be at Consumer’s expense and risk, in which connection a minimum fixed amount of EUR 25 per commenced working day shall be charged, without prejudice to Seller’s right to recover its actual loss from Consumer.
Seller is entitled to cancel the Agreement after one week’s storage at Consumer’s expense. Where applicable, Consumer shall owe a one-off cancellation fee of 20% of the total amount stated in the order confirmation (with a minimum of EUR 150) and more than the storage costs payable by Consumer, as stated in the paragraph above.
Article 8 – Liability and warranty
8.1. Late delivery
The Seller shall only be liable for possible damage as a result of late delivery if an intentional fault or fraud on the part of the Seller or its appointees and/or performance agents is proven.
8.2. Non-conformity of materials
- General
The Seller is in no way deemed to have to consider the concrete use that the Consumer wishes to make of the materials. The Consumer is solely responsible for verifying the technical properties and specifications of the materials with a view to the use he wishes to make of the materials.
Furthermore, the Seller cannot be held liable in any way whatsoever for any damage that may occur as a result of operations carried out or commissioned by the Consumer on the materials.
- Visible defects
If, during the inspection of the materials at the time of delivery or collection, the Consumer discovers that the goods delivered are not in conformity, he must state this explicitly and in writing on the documents confirming the delivery. The mentioned defects are considered to be exhaustive. In the absence of any notification on the aforementioned documents, the goods shall be deemed to be in conformity.
- Legal warranty in case of hidden defects
After receipt of the materials by the Consumer (following delivery or collection), the Consumer has a period of two years from delivery to report any hidden defects to the Seller in writing, on pain of forfeiture. On pain of forfeiture, this notification must be made no later than 2 months after the date on which the Consumer became aware of the defect.
If the defect manifests itself as from the 7th month following delivery, the Consumer must prove the presence of the hidden defect.
If the conditions relating to the legal guarantee for Consumers have been met, the Consumer is entitled to demand the repair or replacement of the materials free of charge. A replacement of the materials shall only be considered if repair is not reasonably possible.
If the repair or replacement is disproportionate or impossible or cannot be carried out within a reasonable period of time, the Consumer is entitled to request a price reduction or the dissolution of the sales contract.
8.3. Limitation of liability
With the exception of the legal guarantee and the right of withdrawal, the Seller's liability is explicitly limited to compensation for the foreseeable, personal and direct damage suffered by the Consumer, up to a maximum of 75% of the amount paid by the Consumer.
The Consumer's liability is excluded with regard to all indirect damage.
Any legal claims against the Seller must – on pain of forfeiture – be brought before the competent court within 2 (two) months following the date of the order and will only be admissible after the Consumer has expressly notified the Seller by registered letter, allowing the Seller a reasonable period of time to remedy the situation.
Article 9 – Right of withdrawal
With the exception of purchases processed at the Consumer's request, the Consumer has the right to notify the Seller that he renounces the purchase, without payment of a penalty and without giving a reason, within 14 calendar days from the day following the day of delivery.
However, this revocation will only take effect on condition that the Consumer, within 14 calendar days from the day following the delivery of the goods, expresses his wish to revoke in writing (by e-mail to the following address contact.wondelgem@arcelormittal.com) or by registered letter (to the following address: Metropoolstraat 19, B-2900 Schoten) and on condition that he returns the unused materials within the same period. If applicable, the Seller will refund any sum paid by the Consumer for the purchase of the materials within a period of 30 days after receipt of the materials. The refund will be made to the bank account number that the Consumer must mention in his revocation request.
If the Consumer wishes to exercise his right of withdrawal, he may only unpack or use the materials to the extent reasonably necessary to assess the conformity of the materials. The materials must be returned together with the original packaging, with all delivered accessories and in their original condition. The amounts paid by the Consumer shall only be refunded by the Seller upon receipt by the Seller of the materials in the above-mentioned condition. Materials that would not be in this condition upon their receipt by the Seller can never be the subject of the right of withdrawal.
In the event of exercise of the right of withdrawal, the Consumer shall return the merchandise to the Seller by any means and at his own risk and expense. The cost of returning the materials shall be borne in full by the Consumer. Shipments to be paid for by the Seller will be refused.
Article 10 – Privacy
The Seller undertakes that the collection and processing of personal data is carried out in accordance with the General Data Protection Regulation no. 2016/679, abbreviated as ‘GDPR’ and all other applicable regulations, including the ArcelorMittal Data Protection Procedure and the Privacy Notice.
Article 11 – Force majeure
If the Seller is confronted with a situation of force majeure, the performance of its obligations will be suspended automatically and by operation of law for as long as the situation of force majeure lasts.
If the force majeure situation continues for more than one month, the Seller will be entitled to terminate the Agreement unilaterally, free of charge and with immediate effect.
Force majeure is understood to mean any situation that makes it impossible for the Seller, beyond its control, to perform the Agreement concluded with the Buyer, such as but not limited to: natural disasters, wars, strikes, etc.
Article 12 – Divisibility
Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions shall not affect the validity and enforceability of the remaining provisions. Where appropriate, the Parties undertake to replace the provision in question with a valid and enforceable clause that approximates the original purpose of the provision in question as closely as possible.
Article 13 – No waiver
The fact that, by way of exception, the Seller does not invoke compliance with a provision forming part of these General Terms and Conditions may in no way be interpreted as a future waiver.
Article 14 – Litigation and applicable law
These General Terms and Conditions, as well as the relationship existing between the Parties, are entirely and exclusively governed by the provisions of Belgian law.
The courts of Ghent and Namur have exclusive jurisdiction to adjudicate any disputes between the Buyer and the Seller.
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