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GENERAL CONDITIONS OF THE WEBSITE

 

Article 1 – Definitions

For the purposes of the present general conditions of the website, the following terms have the following definition:

 

General Terms and Conditions of Use: refer to the sum total of the provisions contained in the present terms and conditions that are intended to regulate the modalities and regulations for access to and use of the websites mentioned below and published by ArcelorMittal Downstream Solutions;

 

User account: refers to an environment reserved for the User that is accessible after registration on our Services by means of a confidential user name and password, and that allows the User to access certain Content located on the Services;

 

Content: refers to, but is not limited to, the structure/architecture of the Services, the editorial content, the videos, the texts, headings, designs, images, photographs, images, sounds, as well as any other content located on the Services and/or any other element that makes up the Services;

 

Sites: refers to the public communication service published by ArcelorMittal Downstream Solutions, which is accessible at the address https://e-steelarcelormittal.com;

 

Service(s): refer to the services accessible from the Sites and published by ArcelorMittal Downstream Solutions.

 

Article 2 – Scope and acceptance of the terms of use

 

2.1. Acceptance of the General Terms of Use

The General Terms and Conditions of Use apply exclusively between the company ArcelorMittal Downstream Solutions and any user wishing to access the Sites and use the Services.

Any connection to the Sites of ArcelorMittal Downstream Solutions and any consultation and use of their Content shall take place within the framework of the present General Terms and Conditions of Use, the purpose of which is to determine the modalities of use of the Services and Content offered on the Sites. Any access to any of the Sites automatically entails the application and full acceptance of the rules and conditions set out in these General Terms and Conditions of Use. If a user refuses to accept the present General Terms and Conditions of Use, he must refrain from any access to the Sites.

Access to certain Services may also be subject to full acceptance of the specific Terms of Use (hereinafter referred to as the 'Specific Terms of Use') or the General Terms and Conditions of Sale (hereinafter referred to as the 'General Terms and Conditions of Sale').

 

2.2. Development of the General Terms and Conditions of Use

The General Terms and Conditions of Use are enforced when connecting to and using the Sites and/or accepted when creating an account. However, ArcelorMittal Downstream Solutions is free to make changes to the General Terms and Conditions of Use at any time, subject to specific mention by ArcelorMittal Downstream Solutions, in order to adapt them to developments in the Services and/or the operation thereof. These are deemed to be accepted without reservation by any User using the Sites after their online publication. ArcelorMittal Downstream Solutions therefore asks the User to consult the General Terms and Conditions of Use regularly.

 

Article 3 – Creation of the User Account

 

3.1. Pre-registration

Access to certain Services may be subject to the creation of a User Account. For this purpose, a registration procedure must be followed in which the User will be asked to choose a personal user name and associated password and to provide personal data (in particular, surname, first name, email address, telephone number) which will enable him/her to be identified and enable access to the Services.

In any case, the User undertakes to provide only accurate and complete data, and also to update them if necessary. In particular, the User undertakes not to use a pseudonym that could infringe the rights of third parties (in particular the use of another person's surname, another person's trademark or works protected by copyright or related rights) for any reason whatsoever and whatever the legal basis.

When creating an account, ArcelorMittal Downstream Solutions may collect personal data in accordance with their legal notices and Privacy Policy. These policies explicitly state how ArcelorMittal Downstream Solutions processes and protects personal data when Users use the Services.

 

3.2. Protection of minors

In order to use and/or access the Sites, minors must have permission from their parents or holders of parental authority over them, in particular before creating a User Account. Please note that the use of an account by a minor always remains the responsibility of the holder of parental authority.

 

3.3. Confirmation of registration

If the data intended to create the User Account does not reach ArcelorMittal Downstream Solutions, the latter shall under no circumstances be held liable for this. This also applies if the data is partially illegible due to a lack of compatibility or technical faults attributable mainly to the User's equipment (Internet server, material, software, etc.).

 

3.4. Using the account

The User's username and password are strictly personal and confidential. The User is solely responsible for the safe storage and use of these data.

Any connection to the ArcelorMittal Downstream Solutions Sites through a User Account and/or any transfer of data carried out through a User Account will be considered as being carried out by the User himself/herself and under his/her sole responsibility. The passwords as well as the login links to the Sites sent by e-mail are confidential data intended exclusively for Users and must never be communicated to third parties.

In the event of loss or theft of the login data, the User concerned undertakes to inform ArcelorMittal Downstream Solutions in writing without delay of the unauthorised use of his User Account and to change his password.

 

Article 4 – External links and third-party services

 

The Sites may provide hyperlinks, give access to information, to content, to services related to other Sites, and may allow access to the services of third parties.

The User expressly acknowledges that ArcelorMittal Downstream Solutions cannot under any circumstances be held liable for any information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties, nor for any damage, alleged or real, that may result from access to or use of this information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties.

Any User accessing the services of third parties is subject exclusively to the special conditions of use and/or sale applicable to the services of third parties.

It should be noted that the Sites containing hyperlinks to these Sites are not under the control of ArcelorMittal Downstream Solutions, which declines any liability for the content of these Sites.

 

Article 5 – Intellectual property

 

5.1. Intellectual property rights relating to the content of ArcelorMittal Downstream Solutions Sites

All elements of the ArcelorMittal Downstream Solutions Sites (mainly the structure, all texts, photographs, videos, data, representations, logos, brand illustrations and other reproduced elements) are reserved and protected under intellectual property law for Belgium and/or the whole world.

ArcelorMittal Downstream Solutions grants the User the inalienable, disinterested, non-exclusive, personal and private permission to use the Services and the Sites for exclusively personal use, in strict compliance with the conditions of use set out in these General Terms and Conditions of Use.

Any unauthorized use of all or part of the elements of the Services and the Sites may give rise to legal action.

 

5.2. Intellectual property rights relating to the contribution pages

Each User guarantees to ArcelorMittal Downstream Solutions that it has the rights necessary to publish and/or share the content and comments that it posts online via the contribution functionalities. Rights are understood to mean the rights covered by the Belgian Intellectual Property Act, in particular copyright, and intellectual property relating to trademarks, drawings or models on any existing or future medium.

ArcelorMittal Downstream Solutions cannot under any circumstances be held liable on the basis of the user content and/or the comments that may have been put online by a User who is not the holder of the rights necessary for the online posting of the aforementioned contestable user content.

All Users waive, free of charge and not exclusively, their rights for the benefit of ArcelorMittal Downstream Solutions and for the entire duration of the intellectual property rights as from the transfer by any means of their user content and comments, and in particular their literary and artistic property, the right to reproduce, display, copy, dispose of, modify, republish, communicate, distribute, adapt and more generally exploit all or part of the user content and comments on the ArcelorMittal Downstream Solutions Sites and all related services for the promotion of the activities of those websites.

These rights are assigned for the whole world and for all exploitation on any medium and by any means of dissemination currently known or unknown.

The User expressly acknowledges and accepts that certain user content may be reformatted solely for the technical needs of the permitted exploitations.

The User expressly acknowledges and accepts that no exploitation of the user content and comments permitted within the framework of the present General Terms and Conditions of Use may give rise to any remuneration (in kind or in cash).

 

5.3. Intellectual property rights relating to trademarks

The use and copying of names and/or images deposited by ArcelorMittal Downstream Solutions and the companies in the ArcelorMittal Downstream Solutions group is prohibited without its express permission. In general, any unauthorised reproduction of trademarks, product names, services or companies mentioned on the Sites of ArcelorMittal Downstream Solutions may give rise to legal action.

 

Article 6 – Privacy policy and protection of personal data

 

When using the ArcelorMittal Downstream Solutions Services, Users may be asked to provide data or information of a personal nature in order to access the Services that require user authentication and also to manage and improve the commercial relationship.

For more information on the Sites' practices regarding the protection of personal data, please read the General Terms and Conditions of Sale. These explicitly state how ArcelorMittal Downstream Solutions processes and protects personal data when Users use the Services.

 

Article 7 – Liability and warranty

 

The User acknowledges that ArcelorMittal Downstream Solutions has a commitment of resources for the provision of the Services and will do its utmost to guarantee the accessibility of the Sites and the Services. This accessibility may be interrupted for reasons of maintenance or upgrading, in order to ensure the proper functioning of the Sites, without ArcelorMittal Downstream Solutions being obliged to give prior notice to Users.

For example, ArcelorMittal Downstream Solutions does not offer any guarantee with regard to risks of interruption or malfunction associated with the online connection, the clogging up of networks and/or computer systems, intrusion by unauthorised third parties and contamination by any viruses circulating on the said networks and services.

ArcelorMittal Downstream Solutions cannot be held liable if the interruption or change in the quality of the Sites and Services is due to the unexpected occurrence of a case of force majeure. In particular, the following cases shall be considered as cases of force majeure: exceptionally bad weather conditions, natural disasters, fires and floods, lightning, attacks, interruption and blocking of electronic telecommunication networks, damage caused by viruses whose security devices on the market do not make it possible to eradicate them, as well as any legal or regulatory obligation or public order obligation imposed by the competent authorities which has the effect of substantially modifying the present General Terms and Conditions of Use, or any other event of force majeure or unforeseen event, as defined by the legislation in force and the jurisprudence of the Belgian Court of Cassation.

ArcelorMittal Downstream Solutions undertakes to do its utmost to guarantee the truthfulness and accuracy of the information available on all Sites, but cannot be held liable for their inaccuracy, nor for their use or interpretation by Users.

In general, the User indemnifies ArcelorMittal Downstream Solutions against any appeal or legal action by any person and the possible financial consequences thereof, based on or directly or indirectly resulting from his manipulative actions, or resulting from the use of the Sites, as well as against any alleged violation of the General Terms and Conditions of Use or of the applicable regulatory provisions, and indemnifies ArcelorMittal Downstream Solutions against any appeal, including any dispute that may arise therefrom. This guarantee covers any fees that may be due, as well as lawyers' fees and legal costs within a reasonable limit.

 

Article 8 – Limitation of liability

 

ArcelorMittal Downstream Solutions does not guarantee the performance and changes to the Sites and Services that may occur, given the quality of the Internet and/or the technical configurations, which are not under its control.

ArcelorMittal Downstream Solutions cannot be held liable for any direct or indirect damage whatsoever, including loss of profit, customers, data or any other loss of intangible property, loss of profit or any other loss or damage that may occur due to the use of, or on the contrary due to the inaccessibility of, the Sites, even if ArcelorMittal Downstream Solutions was informed of the possibility of such damage.

If ArcelorMittal Downstream Solutions is held liable as a result of failure to comply with one of its obligations under these General Terms and Conditions of Use, compensation does not apply beyond direct, personal and established damage, with the express exclusion of compensation for all indirect and immaterial damage and detriment, such as financial damage, commercial damage, loss of exploitation and of turnover, loss of data.

 

Article 9 - Divisibility

 

Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions of Use 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 10 - No waiver

 

The fact that, by way of exception, ArcelorMittal Downstream Solutions does not invoke compliance with a provision forming part of these General Terms and Conditions of Use may in no way be interpreted as a future waiver.

 

Article 11 - Litigation and applicable law

 

These General Terms and Conditions of Use, as well as the relationship existing between the parties, are governed in their entirety and exclusively by the provisions of Belgian law.

The courts of Gent and Namur have exclusive jurisdiction to adjudicate any disputes between User and ArcelorMittal Downstream Solutions.

GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS


Article 1 – Definitions

Article 2 – Identity of the Seller

Article 3 – Applicability 

Article 4 – Offer, order and order confirmation

Article 5 – Pricing

Article 6 – Payment

Article 7 – Delivery / pick-up

Article 8 – Liability

Article 9 – Privacy

Article 10 – Force majeure 

Article 11 – Divisibility

Article 12 – No waiver

Article 13 – Litigation and applicable law


GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS


Article 1 – Definitions

Article 2 – Identity of the Seller

Article 3 – Applicability 

Article 4 – Offer, order and order confirmation

Article 5 – Pricing

Article 6 – Payment

Article 7 – Delivery / pick-up

Article 8 – Liability and warranty

Article 9 – Right of withdrawal

Article 10 – Privacy

Article 11 – Force majeure 

Article 12 – Divisibility

Article 13 – No waiver

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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Personal Data Protection Policy

 

1. Personal data character

 

Automatic Collection of Aged Information and ” non-personal character

When you visit the e-steel.arcelormitttal.com website, ArcelorMittal Distribution Solutions France's Internet servers automatically record certain information. non-personal, in order to monitor and improve your online experience. This recorded information may include (but is not limited to) es) your IP address, the name of your Internet provider, the operating system and the type of browser you are using, the date and duration of your visit, the name (s) page (s) visited and the volume of data transferred.

Information   personal character that you choose to provide

Generally speaking, the use of this website is not subject to any conditions; the disclosure of data personal character. No personally identifiable information, such as your name, your address or e-mail address, will not be automatically collected during your visit to this Website.

The various registration and inquiry forms available on the ArcelorMittal Distribution Solutions France Website may however require the entry of certain contact information (such as your name or address postal and / or e-mail) and profile data (such as your prede- quences). In many cases, it is up to you to determine the amount of information you wish to provide. Some of the information requested may be required or optional, depending on the circumstances. In such cases, if you do not enter the information > personal characteristics that are required for a business activity; particular, the accretive this activity ó you will be refused.

If you request information through this Website and provide &agr; ArcelorMittal Distribution Solutions France your e-mail address or your name and postal address, you agree that these data are used to provide you with the information required and that ArcelorMittal Distribution Solutions France may use these data. the future to provide you with other information about ArcelorMittal Distribution Solutions France that you may be interested in.

You are entitled to consult your data. personal character, to rectify such data as the case may be and to withdraw your consent; their usage. Please contact ArcelorMittal Distribution Solutions France à The following address:

ArcelorMittal Distribution Solutions France
If Social 16 avenue de la Malle
51370 St. Brice Courcelles – France


We never sell or receive any personally identifiable information. external third parties ’ ArcelorMittal Distribution Solutions France. ArcelorMittal Distribution Solutions France may disclose personal information in certain circumstances if we have reason to believe that the disclosure of such information is necessary to identify, contact or sue any person who may (intentionally or unintentionally) attack or harm the rights or property of ArcelorMittal Distribution Solutions France, other users of the Website or any other person who may be lost by such activity.

2. Use of cookies


Cookies are pieces of information transmitted on your computer's hard drive to keep data in memory. Cookies facilitate the use of our Sites, for example by saving your passwords and preferences. The use of these cookies is limited. À our Sites and does not transfer any information; personal character > other parties. Most browsers are initially set to accept cookies; however, you can reconfigure your browser to refuse all cookies or to notify you when to send a cookie. (Note: please report à your browser's support function for further instructions.) If you disable or refuse cookies, certain sections of ArcelorMittal Distribution Solutions France's Websites will not function properly or may be significantly slowed down.

3. Using IP addresses


An IP address is a number automatically assigned. À your computer by your Internet access provider while browsing the web. When you ask à to consult pages of the ArcelorMittal Distribution Solutions France Website, our servers record your IP address. ArcelorMittal Distribution Solutions France collects IP addresses for the purpose of system administration and analysis of the use of its Site. IP addresses are not linked. no personally identifiable data: your session will be recorded, but you will remain anonymous. We may exceptionally use your IP addresses in agreement with your Internet access provider, in order to identify you if we deem it necessary to ensure compliance with our Terms of Use or to protect our services, Sites, customers or others.

4. S é SAFETY é

< br /> We attach extreme importance to it; security ó all personally identifiable information. Once your data has been transmitted, we will consent. every effort to ensure their safety ó on our systems. Unfortunately, it is impossible to guarantee safety. absolute data transmissions over the Internet. Although we strive to protect your information ’ personal character, ArcelorMittal Distribution Solutions France can not, as a consequence, ensure or guarantee the safety and security information you transmit to us and this transmission is carried out; your own risks.
<

Contact


For all questions related to this privacy policy, to the practices of our Sites or > their use, please contact ArcelorMittal Distribution Solutions France. The information you provide to us in the context of general inquiries sent by e-mail; ArcelorMittal Distribution Solutions France, such as your e-mail address, will only be used to re-enter the normal course of business and will never be forwarded to you. third parties.


Frequently &o ’ s


You may not transfer the present Terms of Use or the rights and obligations they confer on you. In the case where &uve; One of the provisions of the Terms of Use will be deemed invalid by any court of competent jurisdiction, which is invalid. of said provision will have no effect on the validity ó other provisions of the Terms of Use and these will remain in effect. The waiver à one of the provisions of the Terms of Use shall not be construed as a subsequent or continuing waiver of such condition or any other condition. <

Jurisdiction


TO THE EXTENT PERMITTED BY LAW, YOU ACCEPT EXPRESS É BY THE PRACTICE SENT SURE THAT ANY HARD-TO-DAY PROCESS OF OR RELATING TO YOUR USE OF THE WEB SITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, IS SUBJECT TO BEAN LAW &AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

DIFFERENT FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, ARE SUBJECT TO BEAN &CTS AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

DIFFERENT FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, ARE SUBJECT TO BEAN &CTS AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

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DISTRIVERSION : release/2024.01.01