General terms and conditions: webshop
Article 1: Identity of the Seller and Scope of Application
1.1. These general terms and conditions apply to any distance contract relating to the sale of goods via the webshop of Benelux Investment Group NV, trading under the name Europese Goudstandaard, with registered office at Sint-Martinusstraat 11, 2470 Retie, registered with the Crossroads Bank for Enterprises under number 0861.576.764, VAT number BE0861576764, reachable via email at info@europesegoudstandaard.be
and by phone at 0032 14 74 56 30 (hereinafter: “Europese Goudstandaard”).
1.2. These general terms and conditions primarily apply to:
natural persons acting for purposes outside their trade, business, craft or profession, within the meaning of Book VI of the Belgian Code of Economic Law (hereinafter: the “Consumer”).
1.3. These general terms and conditions may also apply to:
- legal entities, such as companies, associations or other legal entities;
- natural persons acting in the context of a professional activity,
insofar as they are not professional resellers, intermediaries or traders in precious metals, but purchase precious metals for the purpose of personal asset management, investment purposes or capital protection.
1.4. In the cases referred to in article 1.3:
- the specific consumer protection rules do not apply, unless mandatory law provides otherwise;
- certain provisions of these general terms and conditions may be interpreted or applied differently, taking into account the non-consumer nature of the customer;
- the customer is deemed to act with increased knowledge and responsibility regarding market functioning, pricing mechanisms and price risks.
1.5. These general terms and conditions apply exclusively to agreements that:
- are concluded at a distance;
- via the webshop of Europese Goudstandaard;
- or via other electronic communication means accepted by Europese Goudstandaard.
1.6. By placing an order via the webshop, the customer expressly declares that he/she:
- has been able to consult these general terms and conditions prior to the order;
- has taken note of their content;
- and accepts them in full and without reservation.
1.7. Europese Goudstandaard reserves the right to amend these general terms and conditions at any time for future agreements. The applicable version is the version communicated to the customer at the time of the order.
1.8. If one or more provisions of these general terms and conditions are wholly or partially null, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. In such case, the provision concerned shall be replaced by a valid provision that most closely reflects its economic and legal purpose.
1.9. These general terms and conditions, together with:
- the product description;
- the price information;
- and the order confirmation,
constitute the entire agreement between the parties, excluding all prior oral or written agreements, unless explicitly agreed otherwise.
Article 2: Offer, Product Information and Precontractual Obligations
2.1. Europese Goudstandaard presents its products with the utmost care and provides, in accordance with applicable e-commerce and consumer protection laws, correct, clear and understandable information about the products offered.
2.2. Product information includes, where applicable and reasonably available:
- the nature and type of the product (coin, bar, disc, etc.);
- the type of precious metal (gold, silver, platinum, etc.);
- the weight (net and gross if relevant);
- the purity (e.g. 999/1000);
- the name of the producer, refinery or mint;
- the price and any additional costs;
- availability;
- delivery method and estimated delivery time.
2.3. The customer expressly acknowledges that precious metal products:
- are not necessarily identical per unit;
- may vary in year, batch, packaging, producer or visual characteristics;
- may be subject to changes in packaging or presentation.
2.4. Such variations do not constitute a defect provided that:
- the product matches the essential characteristics described;
- weight and purity are correct;
- the product is suitable for normal use as a precious metal or investment product.
2.5. Images and photos are illustrative only and have no contractual value.
2.6. Europese Goudstandaard is not bound by:
- obvious material errors;
- typographical errors;
- technical or system errors;
- manifest mistakes, including pricing errors.
2.7. In such cases, Europese Goudstandaard may:
- refuse the order;
- or cancel it before price fixation,
without any right to compensation.
2.8. Europese Goudstandaard complies with all precontractual information obligations, including:
- clear pricing;
- additional costs;
- information on withdrawal rights;
- essential product characteristics.
2.9. The customer acknowledges that before ordering:
- all relevant information was provided;
- it could be verified;
- and is sufficient to make an informed decision.
Article 3: Formation of the Agreement and Price Fixation
3.1. The presentation of products on the webshop of Europese Goudstandaard does not constitute a binding offer, but an invitation for the customer to make an offer to purchase.
3.2. An order placed by the customer via the webshop constitutes an offer to purchase the selected goods at the price and conditions displayed at that time, subject to acceptance by Europese Goudstandaard.
3.3. Europese Goudstandaard is not obliged to accept an order and reserves the right to refuse or not confirm an order, including in the following cases:
- obvious errors or technical issues in price or product information;
- unavailability of the product;
- incomplete, incorrect or suspicious customer data;
- suspicion of fraud, misuse or unauthorized use;
- failure to comply with identification or verification requirements;
- circumstances that make the normal execution of the agreement impossible or unreasonable.
3.4. The agreement is only concluded at the moment when:
- Europese Goudstandaard expressly confirms the order; and
- the price is definitively fixed (hereinafter: “price fixation”).
3.5. For precious metal products whose price depends on financial market fluctuations, the price is determined based on the applicable market price at that time, increased with a commercial premium and any additional costs.
3.6. Price fixation occurs at the moment when Europese Goudstandaard accepts and confirms the order, or at another clearly defined moment communicated in advance to the customer, such as via a confirmation page or order confirmation, provided that this moment is clearly visible and unambiguous before placing the order.
3.7. From the moment of price fixation:
- the agreement is definitively concluded;
- the price is binding for both parties;
- the order becomes irrevocable and can no longer be unilaterally cancelled by the customer, except where mandatory law provides otherwise.
3.8. The customer expressly acknowledges and accepts that:
- Europese Goudstandaard immediately proceeds to purchase, reserve or hedge precious metals on the market after price fixation;
- contractual obligations are entered into with suppliers or other market parties;
- precious metal prices are subject to continuous and sometimes significant fluctuations;
- cancellation or non-payment may lead to direct financial losses.
3.9. The customer acknowledges that price fixation is essential to the functioning of the agreement and a fundamental part of the contractual relationship.
3.10. Europese Goudstandaard reserves the right to cancel or refuse an order before price fixation without stating reasons and without compensation, except where mandatory law provides otherwise.
3.11. If an obvious error or technical issue occurs after the order but before price fixation, Europese Goudstandaard may:
- cancel the order; or
- contact the customer with a corrected proposal.
3.12. If the customer does not accept the corrected proposal, the order is deemed never to have been concluded and any payments will be refunded without additional compensation.
3.13. The customer accepts that electronic confirmations, logs and digital records may serve as evidence of:
- the order;
- the price fixation;
- and the conclusion of the agreement.
3.14. Automatically generated confirmations or emails after placing an order only confirm receipt and do not constitute acceptance.
The agreement is only concluded after explicit acceptance and price fixation.
3.15. Europese Goudstandaard reserves the right to refuse, postpone or not execute price fixation in cases of:
- closed financial markets;
- absence of a reliable market price;
- exceptional volatility or disruptions;
- technical errors or system failures;
- obvious price deviations;
- or other circumstances preventing correct pricing.
In such cases, no agreement is concluded unless explicitly confirmed otherwise.
Article 4: Prices, Pricing Mechanism and Transparency
4.1. The price of precious metal products is determined based on:
- the current market price (spot price);
- the commercial premium or margin;
- production, refining, transport and distribution costs;
- insurance and security costs;
- applicable taxes and duties.
4.2. The customer acknowledges that prices fluctuate on international markets at any time.
4.3. Prices displayed on the webshop:
- are indicative until price fixation;
- may change at any time without notice;
- are only binding at the moment of price fixation.
4.4. Europese Goudstandaard aims for accuracy but cannot guarantee prices are always free of errors.
4.5. In case of an obvious pricing error (e.g. clearly deviating from market price), Europese Goudstandaard is not bound by it.
4.6. In such cases, Europese Goudstandaard may:
- cancel the order before price fixation;
- or propose a corrected price.
4.7. If the corrected price is not accepted, the agreement is deemed not concluded and any payments are refunded without compensation.
4.8. All prices are expressed in euros and include applicable taxes unless stated otherwise.
4.9. Additional costs (e.g. delivery, insurance, administration) are clearly communicated before final confirmation.
4.10. No hidden costs will be charged.
4.11. After price fixation, the price cannot be changed, except:
- where required by law;
- or by explicit agreement.
4.12. The customer acknowledges that:
- the fixed price is final;
- later market fluctuations have no impact;
- the customer bears the risk of price decreases and benefits from increases.
4.13. Europese Goudstandaard may use hedging strategies without affecting the customer’s obligations.
Article 5: Payment, Payment Terms and Suspension
5.1. The customer must pay the full price, including additional costs, via the payment methods offered on the webshop.
5.2. Europese Goudstandaard may determine, change or limit payment methods at any time for security or operational reasons.
5.3. For price-sensitive precious metals, a short and strictly binding payment term applies, clearly communicated at order and/or price fixation.
5.4. The customer undertakes to respect this term due to:
- market sensitivity;
- immediate hedging;
- supplier obligations.
5.5. Payment is deemed completed when the full amount is effectively received on the account of Europese Goudstandaard.
5.6. Delays caused by banks or payment providers are the customer’s responsibility.
5.7. Europese Goudstandaard may, without prior notice:
- suspend execution;
- delay delivery;
- terminate the agreement,
if payment is not made on time.
5.8. In case of doubts regarding:
- identity;
- source of funds;
- payment validity,
execution may be suspended.
5.9. Additional verification or documentation may be requested before accepting payment or delivery.
5.10. Ownership remains with Europese Goudstandaard until full payment of:
- principal amount;
- interest;
- and costs.
5.11. Risk transfers to the customer according to Article 9, without affecting retention of title.
5.12. Partial payments are applied first to:
- costs;
- then interest;
- and lastly the principal.
Article 6: Non-payment, Late Payment and Compensation
6.1. If the customer fails to pay the amount due within the agreed payment term, Europese Goudstandaard will send a first free payment reminder on a durable medium, in accordance with applicable consumer debt legislation.
6.2. This reminder will clearly state:
- the amount due;
- the consequences of non-payment;
- and the period within which payment can still be made without additional costs, being at least fourteen (14) calendar days from the day following the sending of the reminder.
6.3. If the customer does not pay within this period, they shall automatically and without further notice be liable to pay:
- default interest in accordance with the legally permitted rate;
- and a fixed compensation within the limits of applicable consumer law.
6.4. The customer expressly acknowledges that the purchase of precious metals has a specific nature, whereby:
- prices depend on international financial markets;
- Europese Goudstandaard hedges or purchases immediately after price fixation;
- price fluctuations occur continuously, even within short timeframes.
6.5. The customer acknowledges and accepts that non-payment or late payment after price fixation may result in:
- direct price losses in declining markets;
- costs related to reselling the products;
- contractual obligations towards suppliers;
- additional administrative, logistical and financial costs;
including, but not limited to, the difference between the price at fixation and the resale price.
6.6. The customer acknowledges that the actual damage may be substantial and exceed the legally allowed fixed compensation.
6.7. Europese Goudstandaard reserves the right to claim full compensation for actual damages through the competent courts, in addition to legally permitted interest and compensation, provided such damages are:
- demonstrable;
- and legally recoverable.
6.8. In case of non-payment or late payment, Europese Goudstandaard may, without prior notice:
- terminate the agreement in whole or in part;
- cancel the order;
- resell the goods;
- recover all resulting damages and costs from the customer.
6.9. Europese Goudstandaard may also suspend or refuse execution of other agreements with the same customer until outstanding amounts are fully paid.
6.10. The above does not affect the mandatory rights of consumers nor the obligation to act within legal limits.
6.11. If the customer is not a consumer, stricter provisions regarding interest and damages may apply where legally permitted.
Article 7: Right of Withdrawal and Exceptions
7.1. In accordance with applicable distance selling legislation, the Consumer generally has a right of withdrawal of fourteen (14) calendar days from the day following delivery.
7.2. This means the Consumer may withdraw from the agreement without giving reasons and without costs other than those legally permitted.
7.3. However, pursuant to Article VI.53, 2° of the Belgian Code of Economic Law, the right of withdrawal does not apply to goods whose price depends on financial market fluctuations beyond the seller’s control.
7.4. This exception applies in particular to:
- gold bars;
- silver bars;
- bullion coins;
- investment products in precious metals;
- any other precious metal products whose price is directly linked to market value.
7.5. The customer expressly acknowledges that:
- prices fluctuate continuously;
- these fluctuations are beyond control;
- therefore, no withdrawal right applies.
The customer is clearly informed of this before ordering.
7.6. The exclusion of the withdrawal right is an essential element of the agreement.
Article 8: Identification, Verification and Compliance Obligations
8.1. Europese Goudstandaard may verify the customer’s identity before, during or after concluding the agreement.
8.2. The customer undertakes, upon first request, to:
- provide correct and complete identification data;
- provide supporting documents if required.
8.3. Execution may be suspended if:
- required data is not provided;
- or doubts exist regarding its accuracy.
8.4. Additional checks may include:
- identity and address verification;
- payment method checks;
- order consistency checks;
- other reasonable fraud prevention measures.
8.5. In case of indications of:
- identity fraud;
- payment misuse;
- money laundering;
- or other irregularities,
Europese Goudstandaard may: - refuse the order;
- cancel the agreement;
- suspend delivery;
- inform authorities where required.
8.6. The customer acknowledges these measures are necessary for protection and legal compliance.
8.7. Personal data processing is limited to what is necessary for:
- identification;
- fraud prevention;
- security;
- legal compliance.
8.8. Processing is carried out in accordance with applicable privacy laws.
8.9. Delivery may depend on:
- successful identification;
- payment confirmation;
- compliance requirements.
8.10. If the customer refuses to provide required information, Europese Goudstandaard may terminate the agreement without liability, except for refund of payments for non-performed services.
Article 9: Delivery, Collection, Risk Transfer and Ownership
9.1. Europese Goudstandaard delivers goods to the address provided or as agreed (e.g. secure courier or collection by appointment).
9.2. Delivery only takes place after:
- full payment;
- and, if applicable, successful verification.
9.3. Delivery may be suspended if:
- payment is incomplete;
- identity doubts exist;
- fraud is suspected;
- compliance obligations are unmet.
9.4. Delivery times are indicative unless explicitly agreed otherwise.
9.5. Europese Goudstandaard is not liable for delays caused by:
- force majeure;
- logistics issues;
- carrier delays;
- supplier delays;
- compliance checks;
- or other external factors.
9.6. Delivery may be made via:
- postal/courier services;
- secure transporters;
- other safe methods.
9.7. Risk transfers when the customer (or a third party) physically receives the goods.
9.8. If the customer appoints their own carrier, risk transfers upon handover to that carrier.
9.9. Delivery is deemed completed upon handover at the address, with proof such as signature or electronic confirmation.
9.10. Evidence of delivery may include:
- tracking systems;
- delivery confirmations;
- signatures;
- camera footage.
9.11. Incorrect delivery details are the customer’s responsibility and may incur extra costs.
9.12. If the recipient is absent:
- a second attempt may be made;
- delivery to a pickup point;
- or return to sender.
9.13. Additional costs may apply where legally permitted.
9.14. Ownership transfers only after full payment, even if risk has already transferred.
9.15. For collection:
- risk transfers upon handover;
- identity may be checked;
- receipt signature may be required.
9.16. If collected by a third party:
- written authorization and identification may be required.
Article 10: Inspection upon Delivery and Visible Defects
10.1. The customer must immediately inspect goods upon delivery for:
- visible damage;
- incomplete delivery;
- incorrect products.
10.2. Any issues must be:
- reported immediately to the carrier where possible;
- and reported to Europese Goudstandaard as soon as possible, preferably within 48 hours.
10.3. The report should include:
- a clear description;
- photos or evidence;
- relevant delivery details.
10.4. This obligation strengthens the customer’s evidentiary position.
10.5. Failure to report promptly may affect proof but does not limit statutory consumer rights.
10.6. If delivery does not match the order, the customer must notify Europese Goudstandaard promptly.
10.7. In case of transport damage or loss:
- an investigation will be conducted with the carrier;
- the customer will be informed.
10.8. The customer must cooperate by providing information, evidence, and access for inspection.
10.9. If the issue occurred before risk transfer or is due to the carrier, Europese Goudstandaard will provide a solution such as:
- replacement;
- refund;
- or another reasonable remedy.
10.10. If damage occurred after risk transfer or is due to the customer, Europese Goudstandaard is not liable.
10.11. Hidden defects fall under Article 11 and legal warranty provisions.
Article 11: Legal Conformity and Warranty
11.1. Europese Goudstandaard is bound by the legal conformity guarantee as provided under applicable Belgian consumer law, including a two (2) year warranty period for consumers, subject to legal exceptions.
11.2. This means that the delivered goods must comply with the agreement and:
- correspond to the description;
- be suitable for the usual purpose;
- have the qualities reasonably expected.
11.3. Given the nature of precious metals, the customer acknowledges that:
- value is mainly based on weight and purity;
- variations in year, packaging, batch or appearance are not defects;
- such variations are inherent to the sector.
11.4. The customer must report a conformity defect within two (2) months of discovering it.
11.5. The defect must be reported in writing with a clear description and, if possible, supporting evidence.
11.6. In case of non-conformity, the customer is entitled to legal remedies such as:
- repair;
- replacement;
- price reduction;
- termination of the agreement.
11.7. Europese Goudstandaard will propose an appropriate solution considering:
- the nature of the product;
- the severity of the defect;
- and the cost of solutions.
11.8. The warranty does not apply in case of:
- normal wear and tear;
- improper use or handling;
- external damage (impact, moisture, chemicals);
- modifications by the customer or third parties;
- loss or theft;
- market price fluctuations.
11.9. Fluctuations in value are explicitly not defects and do not entitle the customer to compensation.
11.10. If no defect is found, Europese Goudstandaard may charge investigation or handling costs where legally permitted.
11.11. This does not affect mandatory consumer rights.
Article 12: Cancellation, Termination and Non-performance
12.1. After price fixation, the agreement is final and binding.
12.2. The customer cannot unilaterally cancel, except where mandatory law allows.
12.3. The customer acknowledges that:
- Europese Goudstandaard immediately hedges or purchases metals;
- obligations towards suppliers arise;
- cancellation may have financial consequences.
12.4. If the customer fails to comply (e.g. non-payment), Europese Goudstandaard may terminate the agreement.
12.5. In such case, Europese Goudstandaard may:
- resell the goods;
- recover all damages and costs.
12.6. Damage may include:
- price drops;
- market losses;
- purchase, transport and storage costs;
- supplier obligations;
- administrative costs;
- financial and hedging costs.
12.7. For consumers, compensation is limited to what is legally permitted.
12.8. Europese Goudstandaard may claim full actual damages via court where legally allowed.
12.9. If cancellation is exceptionally accepted:
- it is without obligation;
- compensation may be required.
12.10. A cancellation request does not suspend payment obligations.
12.11. This clause reflects the specific nature of precious metal trading.
Article 13: Liability and Limitations
13.1. Europese Goudstandaard is only liable for direct damage resulting from attributable fault, within legal limits.
13.2. Liability is assessed considering:
- the nature of the agreement;
- the characteristics of the goods;
- reasonable expectations.
13.3. Except where prohibited, Europese Goudstandaard is not liable for:
- indirect or consequential damage;
- loss of profit or opportunity;
- value loss due to market fluctuations;
- investment decisions by the customer;
- external factors beyond control.
13.4. The customer acknowledges that:
- precious metals are volatile;
- value may rise or fall;
- no guarantee of future value is given.
13.5. No liability for damage caused by:
- customer fault or negligence;
- incorrect information;
- misuse;
- third parties;
- force majeure.
13.6. Liability is limited to the order amount or amount paid.
13.7. Nothing excludes liability for:
- death or injury;
- fraud or intent;
- cases where liability cannot be excluded.
13.8. Consumer rights remain unaffected.
Article 14: Force Majeure
14.1. Europese Goudstandaard is not liable for non-performance due to force majeure.
14.2. Force majeure means unforeseeable and unavoidable events beyond control.
14.3. Examples include:
- war, terrorism, unrest;
- strikes;
- fire, floods, natural disasters;
- pandemics;
- transport disruptions;
- supplier issues;
- government measures;
- cyberattacks;
- market disruptions.
14.4. In such cases:
- obligations are suspended;
- no compensation is due.
14.5. The customer will be informed as soon as possible.
14.6. If force majeure persists, the agreement may be terminated without compensation, except refund of non-performed services.
Article 15: Complaints and Disputes
15.1. Complaints must be submitted clearly via:
- email: info@europesegoudstandaard.be
- or other contact details.
15.2. Europese Goudstandaard will handle complaints within a reasonable time and seek amicable solutions.
15.3. Complaints do not suspend obligations (e.g. payment), unless agreed otherwise.
15.4. This does not affect the right to go to court or use legal dispute mechanisms.
Article 16: Privacy and Data Processing
16.1. Personal data is processed in accordance with GDPR and applicable laws.
16.2. Data is used for:
- contract execution;
- order management;
- payment processing;
- fraud prevention;
- legal compliance;
- communication.
16.3. Appropriate measures are taken to protect data.
16.4. The customer has rights to:
- access;
- correction;
- restriction;
- objection;
- deletion.
16.5. More details are in the privacy policy.
Article 17: Payment Methods and Cash
17.1. Only electronic payment methods offered on the webshop are accepted.
17.2. Cash payments are not accepted.
17.3. Europese Goudstandaard may:
- change payment methods;
- refuse certain methods;
- impose conditions.
17.4. Payments may be processed via external providers.
Article 18: Applicable Law and Jurisdiction
18.1. Belgian law applies, without prejudice to mandatory consumer protections.
18.2. Disputes fall under the jurisdiction of competent courts as determined by law.
18.3. Consumer rights regarding jurisdiction and applicable law remain fully protected.