Introduction
In case of translation of these conditions into another language, the French version is used as the sole reference to arbitrate any dispute. These Website Standard Terms and Conditions written on this webpage shall manage your use of our website. The titles of the various chapters below are present only for ease of reading and may in no way be used to restrict or change the scope of the text included in these conditions. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. These General Terms and Conditions of Sale apply to all contractual relations between the Buyer and Arcane Group. They cancel and replace any other special or previous conditions applicable between the Buyer and Arcane Group.
Intellectual Property Rights
All documentation written by Arcane Group (including these Terms) as well as any content of the website is the exclusive property of Arcane Group and is protected by copyright. Offers, prices as well as all information contained in offers and documentation are strictly confidential. Any duplication, transmission or exploitation is prohibited without the prior written consent of Arcane Group. You are granted limited access to information for purchase purpose only.
Restrictions
You are specifically restricted from all of the following : publishing any material extracted from this Website; selling, sublicensing and/or otherwise commercializing any information from this Website; publicly performing and/or showing any Website material; using this Website in any way that is or may be damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in any way may cause harm to Arcane-Group, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; using this Website to engage in any advertising or marketing. Certain areas of this Website are restricted from being access by you and Arcane-Group may further restrict access to you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Terms & Conditions Arcane Group prevail, always
The acceptance of an offer from Arcane Group, the sending of a purchase order to Arcane-Group or the payment of an invoice from Arcane Group by the Buyer confirms the knowledge and acceptance of these General Terms and Conditions of Sale even in case of other statement in the Terms and Conditions of the Buyer. Any derogation requested by the Buyer will only apply after written agreement from Arcane Group. These conditions will then remain applicable for all points not concerned by this derogation.
Prices
Arcane Group’s prices are net, excluding VAT and expressed in euros. By default the VAT is 21% in Belgium. For B-2-B export, to a registered company, please contact us to avoid VAT. In case of air transport at the request of the Buyer, the transport costs will, if necessary, be calculated for information purposes only on the day of the order by the Buyer. They will be recalculated and charged according to the amounts applicable on the day of air transport and supplemented by all applicable surcharges and taxes. In case of specific import at the request of the Buyer, all BAF, CAF, PSS, LOW SULFUR and any other surcharges as well as import taxes will be recalculated and invoiced according to disbursements + and overall transactional commission of 5%. Environmental contributions (RECUPEL, BEBAT,…) if they apply, will always be invoiced in addition to the Buyer according to the scales in force and can in no case be the subject of discounts. Arcane Group’s price offers take into account the price of raw materials, dollars and other rates in force at the time of their drafting. Arcane Group reserves the right to adapt its prices to the prices in force on the day of the order and also to correct any calculation or printing errors. For any order, not processed exclusively by the web platform, less than 500 €, 20 € of administrative costs will be added automatically to the invoice for administrative costs.
Offers (Quote, Price request, Price list…)
In the absence of any particular indication to the contrary in the offer, each offer is valid for a period of 15 calendar days from the date indicated on it. The authentic date for the date of receipt of an order by Arcane Group is the second working day following the actual receipt of the order or order confirmation that has been confirmed received by Arcane Group.
Order
If an order is received by Arcane Group after the period of validity of the offer, Arcane Group reserves the right to adjust the unit prices and will return a modified offer to the Buyer. The latter will then have 2 working days from the receipt of the new offer to cancel his order, free of charge. After this period the order is deemed firm. The buyer is firmly and irretrievably committed by his order. Arcane Group reserves the right to take into consideration the potential cancellation of the order, at the request of the Buyer, in return for a fixed compensation determined at the discretion of Arcane Group. In the absence of agreement on this indemnity, the cancellation conditions that will be applied are those of unilateral termination by the buyer. In the event of unilateral termination by the Buyer, the latter will be liable to Arcane Group for the full amount of the order plus all transport, storage, landfill or recycling costs. All drums and special packaging (pallets, containers,…) remain the property of Arcane Group and are made available to the Buyer free of charge for a period of 6 months, from the date of delivery. After this period and in the absence of return, they will be invoiced to the Buyer. Any return remains the responsibility of the Buyer. A fee will be charged for any cable cuts. The quantities delivered may differ by ± 5% of the quantities ordered without this fact being able to lead to a dispute on the part of the Buyer. The quantities invoiced are those actually delivered.
Delivery Lead-time
Arcane Group’s delivery times are strictly informative. A delay in delivery may under no circumstances give rise to a cancellation of an order or any compensation on the part of Arcane Group.
Warranties
The goods sold by Arcane Group are neither taken back nor exchanged. Unless explicitly stated otherwise in the corresponding offer, Arcane Group does not offer any warranty other than that of the manufacturer, which will be applied according to the manufacturer’s conditions. The warranty is only applicable for a product that has been used in good faith for the use for which it was designed. The manufacturer’s warranty varies from 0 day to lifetime, depending on product and manufacturer. The Warranty is stated in the product sheet available for download, in case of missing information please contact us and we will adapt the data sheet and will confirm you the effective warranty period. After utilisation, any complaint must be submitted to Arcane Group, in writing, within 2 days after failure detection, under penalty of nullity.
Indemnification
In cases of justified application of the warranty, Arcane Group reserves the discretionary right to choose the method of application of the warranty from among the following options: repair or replacement of the defective product. To do this, the defective goods must be sent free of charge, within 5 working days of the warranty application agreement, to Arcane Group. The Buyer acknowledges that the implementation of one of the options described above constitutes the only form of application of the warranty. In case of defect at the reception (DOA), the notification should be stated on the signed transport documentation or immediately notified to Arcane Group within 2 working days after goods’ reception.
Limitation of liability
In all circumstances and at any time, to the extent permitted by applicable law, the Buyer explicitly and expressly releases Arcane Group from any form of liability (express, implied, direct, indirect or any) related to the defect, conformity, certification and suitability of the product. In any case, Arcane Group’s liability is strictly limited to the unit purchase value of the said defective product. If this limitation of warranty does not comply with the legal minimum offered by applicable law, the Buyer accepts that the legal supplement of warranty will be fully assumed by the producer to whom he will turn if necessary. The advice that may be provided by Arcane Group is for informational purposes only and does not engage its responsibility.
Exclusions of non valid clause
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Force Majeure
Arcane Group, in particular in the event of force majeure but not exclusively, reserves the right to partially execute, suspend or cancel the Buyer’s order, without compensation or recourse from the latter.
Property
The goods remain the property of Arcane Group until receipt of full payment thereof. The transport of the goods and their conservation is at the risk and peril of the Buyer, including when the delivery is made free of charge by Arcane Group. If the Buyer wants to be fully insured, this should be clearly requested prior to any purchase.
Payment
Unless otherwise agreed with the Buyer, Arcane Group’s invoices are drawn up on the date of the order and are payable in cash from the date of the invoice. Failure to comply with a deadline could make all of the Buyer’s claims, including those that have not yet expired, payable. In addition, any invoice not honored on its due date will automatically produce by the only maturity of the term and without formal notice or prior act, interest at the rate of 12% per year. This interest will be calculated from the due date of the invoice concerned until the date of receipt of payment. In addition, the Buyer will be liable by operation of law and without prior notice of formal notice for a fixed compensation corresponding to 10% of the amount of the invoice concerned, as damages, with a minimum of 250 EUR. On the other hand, any late payment, as well as any non-compliance with any obligation on the part of the Buyer, will entitle Arcane Group to suspend automatically and without prior notice the performance of any service on its part and to resume it only after payment and / or compliance with all obligations.
Entire Agreement
These Terms constitute the entire agreement between Arcane-Group and you.
Governing Law & Jurisdiction
Unless expressly agreed otherwise, Belgian law applies to all contractual relations between the Buyer and Arcane Group. The set-off of debts and receivables existing between the Buyer and Arcane Group occurs ipso jure.
Any dispute between Arcane Group and the Buyer will be settled amicably between the parties.
In the absence of an amicable settlement, the dispute will be submitted to the courts of Liège, which are exclusively competent.