Terms & Conditions
This page was last updated to 03/03/2018.
On this page you will find the general terms and conditions of www.4gold.be, as made available by 4Gold. In these general terms and conditions, we indicate under what reservation we will offer you the information on our website.
The use of the information on this website is free of charge as long as you do not copy, distribute, otherwise use or abuse this information. You may only reuse the information on this website with due observance of Belgian and European legislation on intellectual property rights and all other mandatory provisions of Belgian and/or European law.
Unless expressly agreed otherwise in writing, the entire copyright and all other intellectual and industrial property rights with regard to the goods or services supplied by 4Gold, such as but not limited to trademark rights, design rights, patent rights, sui generis database rights, etc., are vested exclusively in 4Gold and/or its suppliers.
Prices and payment
All prices are expressed in Euros, including VAT, unless otherwise indicated. Errors that arise and are recognisable as programming or typing errors shall never be a reason to claim or assume a valid contract or agreement with 4Gold. All prices are exclusive of transport costs or transport insurance. 4Gold accepts a payment subject to a credit card or bank transfer approved by 4Gold. Payment in instalments is not possible. 4Gold will check the validity of the credit card through the credit card company and will execute the order (as indicated below) after acceptance of the credit card. After an agreement has been concluded (i. e. after 4Gold has confirmed the availability of the product and accepted the order as well as the means of payment), 4Gold charges the credit card at the time of shipment.
In the event of bankruptcy or postponement of payment of the customer or a request to do so, 4Gold’s claims and the customer’s obligations towards 4Gold are immediately due and payable. If 4Gold is obliged to outsource its claim for collection, the customer shall owe a fixed amount of 15% of the amount due to extrajudicial collection costs, with a minimum amount of 250 euros. As a payment system, 4Gold works together with Mollie. Mollie will only process personal data that it has at its disposal for the performance of its services. Mollie will not make personal data available to third parties, with the exception of the data registered with a website profile (which may appear on the bank statement).
Delivery and delivery time
If goods are available from stock, they will be shipped immediately after ordering. For the shipping of ordered goods 4Gold can charge shipping costs. Delivery of ordered goods shall take place at the postal address known to 4Gold, not being of a temporary nature, and delivered to the natural person who is at the delivery address. If the customer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items will be stored at the expense and risk of the customer. In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage to or loss of the rejected goods shall be entirely for the account of the customer, unless the customer invokes the right to dissolve the purchase (see dissolution) or the replacement of the goods on good grounds. A delivery time stated by 4Gold can never be regarded as an expiry date. The delivery period shall not commence until 4Gold has received all the necessary data, after which 4Gold will attempt to effect delivery within 30 days. If this is not possible or there is a reason for delay, the consumer will be informed and will be entitled to cancel the order at no cost.
The customer has the right to dissolve the agreement within a period of 14 days, without giving any reason, in the case of goods delivered on the basis of an order placed with 4Gold, if there is a consumer purchase. This period starts from the moment the ordered goods are delivered. If the customer has not returned the delivered goods to 4Gold after this period has expired, the purchase shall be final. Before proceeding with the return shipment, the customer is obliged to report this to 4Gold within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned in time (no later than 14 days after delivery), for example by means of a proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in the same condition as when they were delivered. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolve within the meaning of this paragraph lapses. With due observance of the provisions of the previous sentence, 4Gold upon receipt and verification of the returned goods confirms the dissolution of the purchase immediately and ensures that within 30 days after receipt of the complete return shipment, the purchase amount without transport costs is refunded to the customer.
The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and shall in no case relate to services.
In addition to what is understood in the law and case law in this respect, force majeure is understood to mean all circumstances in which 4Gold has no influence and which hinder or make impossible the delivery of goods, including but not limited to work strike at 4Gold and/or suppliers, breakdowns in the Internet or WAP, breakdowns in electricity, breakdowns in e-mail traffic and breakdowns or changes in technology supplied by third parties.
An appeal to force majeure can also be made if the circumstance preventing (further) compliance occurs after 4Gold should have fulfilled the obligation.
The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered goods are faulty, defective or incomplete, the customer must immediately notify 4Gold of these defects in writing before returning them to 4Gold. Any defects or incorrectly delivered goods must be reported in writing to 4Gold at the latest up to 2 months after delivery. The goods must be returned in their original packaging (including accompanying documentation) and in new condition (= unopened). Commissioning after detection of default, damage arising after detection of default, loading and/or resale after detection of default, this right to complain and return completely lapses.
If complaints of the customer are found to be well-founded by 4Gold, 4Gold shall at its discretion replace the delivered goods or make a written arrangement with the customer about the compensation, provided that 4Gold’s liability and the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at 4Gold’s discretion) to the maximum amount covered by 4Gold’s liability insurance in the relevant case. Any liability of 4Gold for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation of indirect damage or consequential damage or damage due to loss of profit.
4Gold is not liable for damage caused by intent or equivalent wilful recklessness on the part of non-managerial staff.
This guarantee does not apply if: A) and as long as the customer is in default towards 4Gold; B) the customer has opened the delivered goods himself or has had them opened by third parties. C) the goods delivered have been exposed to abnormal circumstances or are otherwise treated carelessly or are contrary to the instructions of 4Gold D) the defect is wholly or partly the result of regulations made or to be made by the authorities with regard to the nature or quality of the materials used.
Retention of title
The ownership of all goods sold and delivered by 4Gold to the customer shall remain with 4Gold as long as the customer has not paid the claims of 4Gold under the agreement or under previous or subsequent similar agreements, as long as the customer has not yet paid the work performed or yet to be performed under these or similar agreements, and as long as the customer has not yet paid the claims of 4Gold on account of failure to fulfil such obligations, including claims relating to fines, interest and costs.
The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as gainst theft and to make the policy of this insurance available for inspection to 4Gold upon first request.
All offers and agreements of 4Gold are governed exclusively by Belgian law.
The customer can call 4Gold on +32 4 78 39 78 74 for enquiries and/or complaints. Complaints are usually dealt with within 30 days. If this is not possible for any reason, the customer will be informed of the delay time. In the event of any dispute, the Belgian courts have exclusive jurisdiction.
4Gold is entitled to change these general terms and conditions, including those relating to payment and/or warranties, at any time and without prior permission. 4Gold may publish modifications to the 4Gold website, its terms and conditions or other matters by publication of a notice to that effect and the creation of hypertext links to such communications. It is advisable to check the 4Gold website and these general terms and conditions regularly. Agreements concluded on the basis of previous terms and conditions remain in force, including the product prices as applicable at the time the customer placed the order.
Although the accuracy of the information published on the website is carefully monitored, it may contain inaccuracies, typographical errors or erroneous price indications. 4Gold is not liable or responsible for such errors. 4Gold is entitled to make corrections and/or changes at any time with respect to the products, services, service programs, prices and other data published on the 4Gold website. Changes or adjustments to the 4Gold website are made regularly.
Should these general terms and conditions change, you will find the most recent version of the disclaimer of www.4gold.be on this page.