The Gold Agency

Terms and Conditions

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Our terms and conditions

All membership or service requests are subject to terms and conditions that must be complied with in order to ensure smooth collaboration. If you do not have your contract to hand, you can find them below.

  1. Obligations of the service provider towards the client
    The "CENTRE DES INDEPENDANTS" Employers' Secretariat undertakes to carry out on behalf of the affiliate all administrative formalities required by legal or regulatory provisions in the social field. In particular, as part of its management program, it undertakes to prepare all statements and declarations, complete all formalities, and represent the member in all its dealings with social security, tax, and other authorities.
  1. Responsibility of the service provider
    The "CENTRE DES INDEPENDANTS" Employers' Secretariat intends to comply with legal provisions in safeguarding the interests of its members. Consequently, the Employers' Secretariat "CENTRE DES INDEPENDANTS" cannot be held liable for the accuracy of the information provided to it by the member, nor for the late submission of the information necessary for the performance of its duties. In order to avoid any disputes, members are invited to use the forms provided to them and to send them to the "CENTRE DES INDEPENDANTS" Employers' Secretariat in a timely manner. When the payment of contributions due to the various organizations is made by the affiliate, the consequences of any penalties imposed for failure to meet the prescribed deadlines cannot, under any circumstances, be attributed to the "CENTRE DES INDEPENDANTS" Employers' Secretariat.
  1. Duration of membership, suspension, or termination of collaboration
    Membership of the "CENTRE DES INDEPENDANTS" Employers' Secretariat is valid for one year. Membership is automatically and tacitly renewed on the date of expiry. Membership is automatically suspended when the member ceases to employ staff and resumes when staff are re-employed. The member's resignation shall only be accepted if it is notified by registered letter at least six months before the annual expiry date of the membership. In the event of failure to comply with this deadline, compensation shall be calculated for the remaining period and based on the average of previous fees, with a minimum of six months.
  1. Billing and indexation
    The fee payable to the Employers' Secretariat "CENTRE DES INDEPENDANTS" for fulfilling the social obligations of the affiliate is calculated either as a percentage of remuneration or as a flat rate based on the number of employees. A minimum fee is provided for employers with fewer than ten employees. All social security forms are made available to the member for a flat fee. Fee statements are issued monthly or quarterly. When the file is opened and closed, a one-time fee is charged to cover all services and administrative formalities to be completed, and a deposit may be requested. Flat-rate fees are linked to the price and wage index and vary by 5% when the index fluctuates by at least 5 points. Our special work carried out outside the normal scope of management is subject to an additional fee.
  1. Travel expenses for employees
    The duration and any travel expenses incurred by staff of the Employers' Secretariat "CENTRE DES INDEPENDANTS" in the performance of duties on behalf of the affiliate shall be borne by the latter, as shall VAT on fee statements and invoices and all disbursements made on its behalf.
  1. Interest on late payments
    Statements of fees, invoices, and expense reports are drawn up and payable in Brussels in cash. In the event of non-payment by the due dates, the Employers' Secretariat "CENTRE DES INDEPENDANTS" reserves the right to suspend services and to pursue, by all legal means, the immediate payment of the sums owed to it. Any amount due and unpaid shall bear interest at the rate of 1% per month, from the due date, automatically and without formal notice. In addition, if the debt remains unpaid for more than thirty days, it shall be increased, automatically and without formal notice, by 10% of its amount and any procedural costs.  For all disputes or litigation, without exception, the courts of Brussels shall have sole jurisdiction, notwithstanding any agreement to the contrary. If the dispute falls within the jurisdiction of a justice of the peace, it shall be brought exclusively before the justice of the peace of the first canton of Brussels.
  1. Unfair competition
    The agents of the "CENTRE DES INDEPENDANTS" Employers' Secretariat are at its exclusive service. Consequently, the affiliate undertakes:
    To refuse the personal collaboration of any agent of the "CENTRE DES INDEPENDANTS" Employers' Secretariat in any capacity whatsoever.
    Not to use the services of any agent of the "CENTRE DES INDEPENDANTS" Employers' Secretariat who ceases to be a member,
    for a period of three years from the date of their departure.
    In the event of damages, these will be equivalent to a fee due for a period of the same duration (3 years) with a minimum of €2,000.00 (indexed on 01/01/08).
  1. Application of conditions
    The above terms and conditions apply to all work, even in the absence of a membership form.

General provisions

These general terms and conditions define, without prejudice to the application of specific conditions, the respective obligations of the Gold Agency (ADO) and its co-contractor in connection with all services provided by ADO, whose registered office is located at 216 Avenue Marcel Thiry, 1200 Woluwe Saint Lambert, registered with the BCE under company number 1019.683.695.

The customer expressly acknowledges that they have read, understood, and accepted these terms and conditions without reservation.

Provisions that are not expressly waived remain applicable. Only waivers that are expressly agreed to in writing may modify the application of these general terms and conditions.

It is agreed that specific provisions expressly accepted shall take precedence over general provisions in the event of any discrepancy. Furthermore, it is expressly agreed that in the event of any conflict between the customer's general terms and conditions and those of ADO, only the latter shall prevail.

The customer entrusts ADO with the performance of the agreed services as set out in the order support document.

Order

Any order placed with us is only binding once it has been paid for in full. In the event of cancellation of the order, the deposit will not be refunded.

Deadlines

ADO undertakes, except in cases of force majeure (including but not limited to strikes, lockouts, bad weather, storms, fires, floods, wars, computer bugs or viruses, technical incidents, supplier delays, labor shortages, illness, etc.) or unforeseen circumstances, the execution deadlines are suspended until the force majeure or unforeseen circumstance ends; to assemble the order so that the co-contractor can take delivery of their order within 30 days of payment of the full amount of their order. An unforeseen circumstance is understood to mean any circumstance that was reasonably unforeseeable at the time the offer was submitted and that would make the performance of the contract more difficult or more costly, financially or otherwise, beyond normal expectations. If this does not cease, it entitles the parties to request the revision or termination of the contract. If these circumstances are such that they only result in an interruption of services, the execution period shall be suspended automatically for the entire duration of the interruption.

Conversely, the customer undertakes to collect their order within 30 days of the date on which ADO notifies them that their goods have arrived. This notification will be sent by email and/or telephone.

Similarly, given that this contract sets the price of the transaction, it goes without saying that the customer undertakes to pay for their order as soon as possible. If they have not paid for their order within five working days and the price has risen by more than 3%, ADO shall be entitled to demand payment of compensation equal to the increase plus one percent. The customer then has the choice of paying the amount or canceling the order. In the latter case, they will lose the deposit and will have to pay 5% of the order amount, whether or not they have paid a deposit, unless the amount of the deposit is greater than this amount. If the customer refuses to adjust the price with the penalty, ADO may then unilaterally terminate the contract and return the amount that would have been paid in excess of the deposit. In this case, the customer would also lose the deposit.

Beyond 30 days, ADO's customer will be required to pay storage fees amounting to 1% of the contract value. This amount covers the costs for one quarter. At the start of each quarter, the full quarterly fees will be due. For its part, ADO undertakes to send a formal notice by registered mail 30 days after notification. If the subject of the contract has not been collected within three calendar years, the goods shall automatically become the property of ADO. Of course, we undertake to take all necessary and useful steps to locate you or your beneficiaries; however, this latter point cannot be considered an obligation of result.

Finally, once notification has been given that the goods have arrived at our offices and that the customer is therefore required to come and collect them, the loss of the subject matter of the contract shall be at the customer's expense and risk, except in the event of fraud or gross negligence on our part or on the part of our employees.

Opening safes under threat cannot be considered gross negligence.

Obligations of the parties

ADO and the customer shall each look after their mutual interests and act loyally and in good faith.

When the services provided by ADO do not meet the customer's expectations, the customer shall inform the service provider without delay. Failing this, the latter is entitled to consider the services as having been performed and completed to the customer's full satisfaction. Given the nature of our business, only disputes raised at the time of signature of the receipt will be admissible. Once you have accepted the goods, they can no longer be exchanged or disputed.

If you have placed the merchandise in your pocket or bag, or similar, it will no longer be exchanged.

Confidentiality and protection of personal data

ADO and the client are both bound by confidentiality regarding the data exchanged in connection with the services provided by ADO. They undertake to refrain, both during the provision of services and after the termination thereof, from disclosing each other's business affairs, as well as the confidentiality of any personal or confidential matters that may have come to their knowledge in the course of their activities.

ADO and the client undertake to use the information received solely for the purposes of properly performing the services and to allow access to this information only to members of staff and third parties who need to know it for the proper performance of the contract. In the latter case, this confidentiality obligation is itself imposed on any person who has access to the information concerned.

The customer is informed that personal data collected and processed in connection with the contract (offer document or agreement) is strictly confidential. This data is collected and stored for accounting purposes and to ensure proper management of the contract. If the data provided to us is incorrect or inaccurate, we cannot be held liable under any circumstances.

In accordance with Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and in accordance with the law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data (M.B. 05/09/2018), the customer has the right to access, rectify, or erase their data. The customer also has the right to request a restriction on the processing of their personal data, to object to the processing of their data, and to the portability of their data.

He may also object at any time to these data being used for purposes other than the proper management of his file, where applicable.

If you have any questions regarding your rights concerning your personal data, please do not hesitate to contact the person responsible for processing your data.

ADO undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the protection of customer data. In this regard, it undertakes to a best-efforts obligation.

If the customer feels that their personal data has been mishandled, they can contact the supervisory authority:

  • Data protection authority
  • Rue de la Presse, 35, 1000 Brussels
  • HYPERLINK "http://maps.google.be/maps/place?g=Drukpersstraat+35+1000+Brussels&hl=nI&f-tid=0x47c3c37d924ad855:0xb61b75396c41f96" It "_blank" +32 (0)2 274 48 00
  • HYPERLINK "http://maps.google.be/maps/place?q=Drukpersstraat+35+1000+Brussels&hl=nI&f-tid=0x47c3c37d924ad855:0xb61b75396c41f96" t "_blank" +32 (0)2 274 48 35
  • The above also applies in the event of early termination of the contract, regardless of the reason for termination.

Possible transportation

Goods must in principle be collected by the customer from the office designated by both parties within the agreed time frame. Where delivery is our responsibility, it shall be carried out by the means of our choice, unless otherwise agreed in writing. In this case, the goods shall be transported at the customer's expense and risk, except in the event of fraud or gross negligence on our part or on the part of our employees.

In the event of delivery to a professional buyer, transport is at the buyer's risk.

Price

Our prices are quoted in euros.

The seller reserves the right to pass on to its prices any changes in decisive price factors, such as the price of raw materials or exchange rates, if payment has not been made within 5 days of signing the purchase contract. Failing this, prices will be adjusted if (see point 3: deadlines).

 Payment method

In accordance with the law, payments of up to €3,000 can be made in cash. If the amount exceeds this, payment can only be made by Bancontact or bank transfer. Given the amounts involved in this business, we prefer bank transfers.

Retention of title clause

The company retains ownership of the goods sold until full payment has been received. Consequently, the customer expressly agrees not to sell, transfer, pledge, or in general dispose of the goods covered by the contract before settling their account.

Warranty in case of sale

The products will be deemed to have been accepted by the buyer upon delivery (meaning the act of handing over the goods to the customer, even if this takes place at our offices at the counter).

The approval shall cover all apparent defects and non-conformities, i.e., all those that the buyer could have detected at the time of delivery.

Changes

Any changes to the engagement letter must be made in a written addendum signed by all parties.

Salvage clause

The invalidity, unenforceability, or illegality of any clause in any contract agreed between the parties (specific and general terms and conditions or other agreements) shall not affect the validity or enforceability of the other provisions of the contract. All clauses shall remain fully valid.

Litigation

Unless otherwise required by mandatory provisions or public policy superseding this clause, in the event of a dispute between the parties or legal proceedings for payment, the courts of Brussels shall have exclusive jurisdiction. The applicable law is Belgian law, in French.

The parties agree, within the framework of their relationship, to accept electronic evidence (including, but not limited to: email, computer backups, video surveillance, etc.).

General provisions

These general terms and conditions define, subject to the application of specific provisions, the respective commitments of the Gold Agency (ADO) and its client in connection with the services provided by ADO, whose registered office is located at 216 Avenue Marcel Thiry, 1200 Woluwe-Saint-Lambert, registered with the CBE under company number 1019.683.695.

In the event of any conflict between specific provisions expressly accepted and these general terms and conditions, the former shall prevail. Similarly, in the event of any incompatibility between the customer's general terms and conditions and those of ADO, only the latter shall apply.

The customer explicitly acknowledges having read these terms and conditions, understood them, and accepted them without reservation.

The customer entrusts ADO with the performance of the agreed services, as stipulated in the contractual order document.

Any provision that is not expressly waived remains applicable. Only amendments agreed upon in writing and in a formal agreement may prevail over these general terms and conditions.

Order

All orders become final only after full payment has been received. In the event of cancellation, the deposit paid will not be refunded.

Obligations of the parties

The parties agree to act with integrity and to respect their contractual obligations. Any complaints regarding the service must be made immediately. Once the goods have been accepted, they cannot be disputed or exchanged.

Confidentiality and protection of personal data

ADO and the customer undertake to ensure the confidentiality of the information exchanged. This information will only be used for the performance of the contract and will only be accessible to authorized persons. The customer has the right to access, rectify, and delete their personal data, in accordance with the GDPR and Belgian data protection law.

In the event of a dispute concerning the protection of their data, customers may refer the matter to the Data Protection Authority:

Data Protection Authority Rue de la Presse, 35, 1000 Brussels Tel: +32 (0)2 274 48 00

Deadlines

ADO undertakes to fulfill the order within 15 days of receiving full payment, except in cases of force majeure (strikes, lockouts, bad weather, natural disasters, war, technical problems, supplier delays, etc.) or unforeseen circumstances that make fulfillment of the contract more complex or costly. In the event of a temporary interruption, the deadline shall be automatically suspended until the cause of the suspension has been resolved. If this situation persists, a modification or termination of the contract may be considered. The customer must collect their order within 30 days of notification by ADO, which will be sent by email and/or telephone. After this period, storage costs of 3% of the contract value will be applied per quarter commenced. If the goods are not collected within three years, they will become the property of ADO. However, ADO undertakes to take all necessary steps to contact the customer or their beneficiaries. Upon notification of the availability of the goods, the risks associated with their loss or damage shall be borne by the customer, except in cases of fraud or gross negligence attributable to ADO.

Price

Prices are quoted in euros. Any variation in raw material costs or exchange rates may result in a price change if payment is not made within 5 days of signing the contract.

Payment terms

Cash payments are limited to €3,000. Above this amount, only payments by Bancontact or bank transfer are accepted. For security reasons, ADO recommends bank transfers.

Transportation

By default, goods must be collected from the designated offices. If delivery is agreed, it will be carried out by a means of transport chosen by ADO, unless otherwise agreed in writing. Goods are transported at the customer's risk and expense, except in cases of fraud or gross negligence.

Warranty in case of sale

The goods are considered accepted by the customer upon delivery. Any complaints regarding visible defects must be made immediately upon delivery.

Retention of title clause

ADO retains ownership of the goods until full payment has been received. Prior to this date, the customer may not transfer, sell, or pledge the goods covered by the contract.

Changes

Any contractual modification must be formalized by an amendment signed by the parties.

Salvage clause

If any clause in these terms and conditions is deemed invalid, this shall not affect the validity of the other provisions. Disputes In the event of a dispute, only the courts of Brussels shall have jurisdiction. The applicable law is Belgian law in the French language. The parties accept electronic evidence (email, computer backups, video surveillance, etc.).