Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the below definitions have the following meaning:
Seller: the legal entity that offers products and / or services to consumers at a distance;
Consumer: the physical person who does not act in the exercise of a profession or a business and enters into a contract over distance with the Seller;
Contract over distance: an agreement whereby, within the framework of a system organized by the Seller for the selling over a distance of products and/or services, only methods for communication over a distance are used up to and including the conclusion of the agreement;
Methods for communication over a distance: methods that are used for concluding an agreement, without the consumer and the Seller being present in the same place at the same time;
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the contract over distance within the withdrawal period;
Day: calendar day;
Recurrent transaction: a contract over distance relating to a series of products and/or services, of which the supply and/or purchase obligations are spread over time;
Durable data carrier: any means that enables the consumer or Seller to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
These general terms and conditions apply to every offer made by the Seller and to every contract over distance that has been concluded between the Seller and the consumer.
Before the contract over distance is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the contract over distance is concluded, it will be indicated that the general terms and conditions can be viewed by the Seller and they will be sent free of charge as soon as possible at the request of the consumer.
If the contract over distance is concluded electronically, by way of derogation from the previous paragraph, the text of these general terms and conditions can be made available electronically to the consumer before the contract over distance is concluded, in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the contract over distance is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him/her.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the Seller uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the Seller.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the way in which the contract will be concluded, and which actions are necessary for this;
the applicability or not of the right of withdrawal;
the method of payment, delivery or execution of the agreement;
the period for accepting the offer or the period for adhering to the price;
if the agreement is archived after the conclusion, how it can be consulted by the consumer;
the possible languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the Seller is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the contract over distance in case of an recurrent transaction.
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the Seller will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is created electronically, the Seller will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the Seller will observe appropriate security measures.
With the product or service, the Seller will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the Seller (if applicable) where the consumer can go with complaints
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or (as the case may be) a clear statement regarding the exclusion of the right of withdrawal;
the information about existing service after purchase and guarantees;
the information included in article 4 paragraph 3 of these conditions, unless the Seller has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
If the Seller has committed himself to supplying a series of products or services, the provision in the previous paragraph applies only to the first delivery.
When purchasing products, the consumer has the option of dissolving the contract without giving any reason during a period of fourteen (14) days, provided that the seal of the packaging has not been broken. This period starts on the day after receipt of the product by or on behalf of the consumer.
During period set forth in paragraph 1, the consumer will handle the product and packaging carefully. With regard to (1) TREZOR One, (2) TREZOR Model T and (3) Cryptosteel any order is final and cannot be returned in the event one or more seal(s) has been broken. If the consumer makes use of his right of withdrawal in accordance with the present terms and conditions, he/she will return the product with all of the delivered accessories and in the original condition and packaging (i.e. with intact seals) to the Seller, in accordance with the reasonable and clear instructions to be provided by the Seller.
When providing services, the consumer has the option of dissolving the contract without giving any reason for a period of fourteen (14) days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the Seller with the offer and/or at the latest on delivery.
If the consumer exercises his right of withdrawal, the consumer will bear all costs of returning the goods.
If the consumer has paid an amount, the Seller will reimburse such amount, reduced with the shipping costs charged at the time of the order, as soon as possible, but no later than 30 days after the return or cancellation.
If the consumer does not have a right of withdrawal, this can only be excluded by the Seller if the Seller has clearly stated this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the Seller in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market on which the Seller has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
which have one or more security seal(s), such as is the case for the TREZOR One, TREZOR Model T and Cryptosteel, in the event one or more of the security seal(s) has/have been broken.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant or leisure activities to be carried out on a certain date or during a certain period;
the delivery of which commenced with the express consent of the consumer before the withdrawal period has expired;
regarding betting and lotteries.
During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in applicable VAT rates.
Contrary to the previous paragraph, the Seller can offer products or services whose prices are subject to fluctuations in the financial market and where the Seller has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months onwards after the conclusion of the contract are only allowed if the Seller has stipulated this and:
The prices mentioned in the offer of products or services include the applicable VAT.
The company guarantees that the products and/or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/ or government regulations existing on the date of the conclusion of the agreement.
An arrangement offered by the Seller, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can enforce against the Seller in respect of a shortcoming in the fulfillment of the obligations of the Seller by virtue of the law and /or the contract over distance.
The Seller will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the Seller.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without costs, to request an equivalent replacement product, or to obtain any compensation.
In case of dissolution in accordance with the previous paragraph, the Seller will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves to be impossible, the Seller will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of return shipment are for the account of the consumer.
The risk of damage and/or loss of products rests until the moment of delivery to the consumer with the Seller, unless expressly agreed otherwise.
The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
A contract that has been entered into for a definite period has a maximum term of two years. Unless a cancellation notice is given by the consumer at least 3 months prior to the end of the term of the agreement, the contract over distance will be extended and continue as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
When selling products to consumers, partial or full prepayment may be stipulated in general conditions (during the withdrawal period). If payment in advance is stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the Seller without delay. In the event of default by the consumer, the Seller has the right, subject to legal restrictions, to charge to the consumer all reasonable costs made known to the consumer beforehand.
The Seller has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
Complaints about the execution of the agreement must be submitted to the Seller within a reasonable time, fully and clearly describing the complaint, after the consumer has discovered the defects.
Complaints submitted to the Seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
Contracts between the Seller and the consumer to which these general terms and conditions apply are governed exclusively by Belgian law.
The courts of Antwerp (Belgium) have exclusive jurisdiction over any dispute related to an agreement between the Seller and the consumer to which these general terms and conditions apply.
Genesis Block BVBA
Avenue Winston Churchill 220