Terms and conditions The Silver Mountain

General terms and conditions
1.1 These general terms and conditions (hereinafter: T&Cs) form part of all agreements and apply to all related (legal) acts (including proposals, quotations and offers), of The Silver Mountain B.V., established in Baarn at Faas Eliaslaan 13 (hereinafter: Seller).
1.2 The applicability of general or specific terms and conditions used by the seller's customer is expressly rejected by the seller.
1.3 Deviations and/or additions to these T&Cs will only be valid if they have been confirmed to the client by the seller in writing. The Seller expressly reserves the right to amend these T&Cs in the interim.

Article 2. Offers, quotations and contract
2.1 All quotations and offers submitted by the seller, as well as any other conditions stated by the seller in that context, are non-binding quotations and are never intended to imply an offer that can lead to an agreement by mere acceptance by the buyer. Quotations should only be regarded as an invitation to the Buyer to place an order with the Seller.
2.2 Any order placed with the seller shall be deemed to imply an irrevocable, non-binding offer by the buyer, regardless of any contrary communication by the buyer.
2.3 Any changes proposed by the seller to the buyer's offer shall be considered a new offer to be accepted by the buyer by telephone, electronically or in writing.
2.4 Each offer by the seller is without obligation and can, up to 7 days after acceptance, be revoked by the seller in writing, unless otherwise agreed between the parties.
2.5 An agreement shall only be concluded after the seller has accepted an order by telephone, in writing, by e-mail or through its online portal, or demonstrates the conclusion of the agreement by carrying out the order.
2.6 All statements by the seller of numbers, specifications, images, drawings and/or other indications of the products have been made with care. However, the Seller cannot guarantee that no deviations will occur in this respect.
2.7 In the event the agreement was concluded by telephone or via the Internet, the buyer will have the right to dissolve it within 7 working days of receiving the goods and to return the goods to the seller. However, this right of dissolution does not apply in the event that the provisions of Article 6.5 apply.

Article 3. Prices and payment
3.1 Prices are determined by the seller, if applicable, on the basis of the last known applicable precious metal prices, as well as any cost price increasing taxes and/or duties.
3.2 All prices quoted by the seller are exclusive of any additional costs, such as packaging, transport, shipping and/or insurance. Such costs will be at the expense of the buyer and will be charged by the seller on top of the stated prices, unless explicitly agreed otherwise between the seller and the buyer.
3.3 All prices stated are inclusive of VAT, unless otherwise stated.
3.4 All invoices must be paid within seven days of the time the invoice was sent to the buyer, unless otherwise agreed between the buyer and the seller. Payment deadlines shall count as deadlines, as a result of which the buyer shall be in default by operation of law if they are exceeded.
3.5 From the moment the Buyer is in default, the Seller will be entitled to charge statutory interest from the due date, without prejudice to any other rights vested in the Seller.
3.6 All (extra)judicial costs to be incurred by the seller to secure compliance with the agreement will be borne by the buyer. The extrajudicial collection costs amount to 15% of the order amount, with a minimum of €150.
3.7 Payment shall be made on the basis of a payment method to be indicated by the seller.
3.8 The seller will at all times retain a lien on the goods until the buyer has made full payment (including payment for any previous deliveries) or has provided sufficient security for the fulfilment of all existing and future payment obligations to be determined.
3.9 The buyer shall not be entitled to set off any claim against claims of the seller.

Article 4. Delivery
4.1 Goods shall only be delivered after payment to the seller, unless agreed otherwise in writing. The seller is entitled to deliver goods in parts.
4.2 All delivery periods stated by the seller are approximate only; exceeding these delivery periods shall not constitute an attributable shortcoming on the part of the seller.
4.3 The time of delivery will be considered the time at which the goods are made available to the buyer at the seller's address or at another address designated by the seller. The seller shall at all times be entitled to deliver an order in parts.
4.4 The Buyer may choose to have the goods sent by the Seller insured to an address indicated by the Buyer. The Buyer may also choose to transport the goods itself or to pick them up at a location agreed between the parties. In the latter cases, the Buyer shall be responsible for insuring the goods from the date they are made available.
4.5 If the Buyer has not collected the goods from the Seller or a third party within 5 days of the date they were made available, the Seller will be entitled to charge storage costs.
4.6 If, contrary to the above, it has been agreed that the seller will arrange for transport of the goods, the seller will be free to determine the method of transport. In that case the Buyer should enable the Seller to deliver the goods to the Buyer in accordance with the shipping instructions given, failing which the Seller will be entitled to charge (storage) costs.
4.7 If it has been agreed that the seller will take care of insurance of the goods, insurance will take place under the seller's usual conditions.
4.8 Each delivery period will be extended by operation of law by the period during which force majeure applies, without the seller having to invoke an extension of the period in advance.
4.9 If the agreement relates to precious metal trade by term, the delivery term will be calculated from the moment the buyer has provided the security required by the seller.
4.10 If the buyer refuses to take delivery of the goods or if he indicates that he no longer values the agreed delivery, he will nevertheless be obliged to pay the agreed price and to compensate the seller for the ensuing costs, damages and interests.

Article 5. Retention of title
5.1 All goods shall be delivered under retention of title and shall remain the seller's property until the buyer has complied with all his payment obligations -including obligations that arose earlier. If payment is made in instalments, the goods shall not become the property of the buyer until the last instalment has been paid.
5.2 The buyer may not transfer the rights and obligations resulting from the agreement with the seller to third parties, unless the seller has given its express written consent.
5.3 Before title to the goods has passed to the buyer, the buyer will not be entitled to rent them out or give them in use, to pledge them or otherwise encumber them.

Article 6. Complaints
6.1 All delivered goods are to be checked by purchaser immediately upon receipt for any loss or damage. In the event of loss and/or damage, the Buyer must notify the Seller in writing within 48 hours of receipt of the goods. If the buyer exceeds this period, or fails to carry out the inspection, any obligations of the seller in this respect shall lapse.
6.2 In the event that a complaint is found to be well-founded by the seller, the seller can never be obliged to do more than replace the defective goods, or to make additional deliveries of the missing quantity, or to credit the invoice related to the delivery with the return of the goods by the buyer, at the seller's discretion.
6.3 In the event of a complaint, the goods must be kept available for the seller's inspection. If possible, inspection will take place at the buyer's premises, unless the seller deems it necessary for the goods to be returned by the buyer in accordance with the seller's instructions.
6.4 The right of complaint lapses if the goods are no longer in the condition in which they were delivered.
6.5 The consumer has no right of dissolution in the event of a contract where the price of the goods or services is linked to fluctuations on the financial markets over which the trader has no influence and which may occur within the dissolution period.

Article 7. Liability and damage
7.1 The seller shall only be liable for damage if caused by intent and/or gross negligence of the seller.
7.2 The seller's liability shall be limited to the net invoice value of the goods and/or services delivered.
7.3 Liability for indirect or consequential damage, including loss of profit, losses suffered or missed orders, is expressly excluded.
7.4 The limitation of liability applies equally to employees, workers and all other persons used by the seller for the performance of the agreement.
7.5 The buyer shall indemnify the seller against all third-party claims.

Article 8. Force majeure
8.1 In the event of force majeure, the seller will be entitled to suspend all obligations ensuing from any agreement with the buyer or to have them cancelled.
8.2 Force majeure means circumstances which the parties did not reasonably have to take into account when concluding the agreement. Force majeure shall in any case include: war, threat of war, mobilisation, riots, sabotage, extreme weather conditions, fire, strikes, operational and transport disruptions, lack of raw materials or energy, delays in deliveries by suppliers, scarcity of precious metals which cannot be attributed to the seller and/or government measures which make compliance with the agreement impossible.

Article 9. Dissolution
9.1 The agreement between buyer and seller can at all times be dissolved prematurely and without judicial intervention by means of a written notice by one of the parties, in full or in part, without prejudice to other rights accruing to that party, including suspension of compliance with the obligations ensuing from the agreement and claiming full compensation for damages, if one or more of the following situations occurs or threatens to occur:
9.2 - the business of the other party is liquidated or discontinued; - the other party applies for or obtains (provisional) suspension of payments or is declared bankrupt; - the other party loses the power of disposition of its assets or parts thereof due to attachment, receivership or otherwise, while it has not regained this power of disposition within 4 weeks after losing it; - the other party must reasonably be deemed no longer able to fulfil its obligations under the agreement. In the event of dissolution of an agreement, all claims which the parties have against each other shall become immediately due and payable.

Article 10. Applicable law and disputes
10.1 All legal relationships between the buyer and the seller shall be governed by Dutch law. Any disputes between the Buyer and the Seller which cannot be settled amicably shall be submitted to the competent Dutch court.

Article 11. Alternative dispute resolution
11.1 The EU Commission provides a platform for the online settlement of disputes on the Internet under the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes on the basis of sales or service agreements via the Internet, involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a consumer dispute resolution platform.

Article 12. Other provisions
12.1 Should one or more provisions of these T&Cs prove to be non-binding, the other provisions of these T&Cs shall remain in full force and effect between the parties. The parties undertake to replace the non-binding provisions by binding provisions which deviate as little as possible - given the nature and purport of these T&Cs - from the non-binding provisions.
12.2 These T&Cs have been filed with the Utrecht Chamber of Commerce under number 64667103 and are also published on the seller's website. A copy of these Terms can be sent free of charge upon request.
12.3 The Dutch text of these T&Cs shall be binding in the event of a dispute regarding its content or meaning.