General Terms and Conditions The Silver Mountain
Article 1. General
1.1 These general terms and conditions (hereinafter referred to as: the “GTC”) are part of all agreements and are applicable to all thereto pertaining (legal) acts (including proposals, offers and tenders) of The Silver Mountain, registered in the Chamber of Commerce, having its registered office at Baarn, Faas Eliaslaan 13 (hereinafter referred to as: the “seller”).
1.2 The applicability of general or special terms and conditions used by the customer of the seller (“the buyer”) is expressly rejected by the seller.
1.3 Deviations from and/or additions to these GTC are only valid if they have been confirmed to the buyer in writing by the seller. The seller expressly reserves the right to change these GTC from time to time.
Article 2. Proposals, offers and agreements
2.1 All quotes and proposals presented by the seller as well as all other terms and conditions specified by the seller in that respect are applicable as a noncommittal offer and are never meant to comprise an offer that can lead to an agreement as a result of the mere acceptance by the buyer. Offers must be considered as an invitation to the buyer to place an order with the seller.
2.2 Each and every order placed with the seller is deemed to comprise an irrevocable, not noncommittal, offer of the buyer, regardless of any deviating communication of the buyer whatsoever.
2.3 All changes in the offer of the buyer proposed by the seller are applicable as a new offer that must be accepted by the buyer either by telephone, electronically or in writing.
2.4 Each and every offer of the seller is noncommittal and can, up to 7 days after acceptance, be revoked by the seller in writing, unless stipulated otherwise by and between the parties.
2.5 An agreement only comes into effect after the seller has accepted an order either by telephone, in writing, by e-mail or via its online portal or exhibits the conclusion of the agreement by implementing the order.
2.6 All indications by the seller of numbers, specifications, images, drawings and/or other indications of the products are made with due care. The seller can, however, not guarantee that deviations shall not occur in connection therewith.
2.7 If the agreement has been concluded by telephone or via the Internet, the buyer is entitled to dissolve the same within 7 working days after receipt of the goods and to send the goods back to the seller. This right to dissolution is, however, not applicable if the provisions laid down in article 6.5 are applicable.
2.8 For our products (silver, platinum and gold) we do not offer the right to cancel. The right to cancel does not apply to the following kind of contracts: Contracts for the supply of goods or services, other than supply of water, gas, electricity or district heating, for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period.
Article 3. Prices and payment
3.1 Prices are determined by the seller, where applicable, on the basis of the lastly known applicable precious metal prices as well as the cost price increasing taxes and/or duties.
3.2 All prices indicated by the seller are exclusive of possible additional costs, e.g. packaging, transport, despatch and/or insurance. These costs are at the expense of the buyer and shall be charged by the seller on top of the indicated prices, unless expressly stipulated otherwise by and between the seller and the buyer.
3.3 All indicated prices are including VAT, unless indicated otherwise.
3.4 All invoices must be paid within 7 days after the time the invoices were sent to the buyer, unless stipulated otherwise by and between the seller and the buyer. Payment terms are applicable as strict deadlines as a result of which the buyer shall automatically be in default upon overstepping of the same.
3.5 As from the moment that the buyer is in default the seller shall be entitled to charge the legal interest as from the due date, without prejudice to the other rights attributed to the seller.
3.6 All (extra-) judicial costs that need to be incurred by the seller in order to accomplish compliance with the agreement are at the expense of the buyer. The extrajudicial collecting costs amount to 15% of the order, with a minimum of € 150.00.
3.7 Payment takes place on the basis of a payment method to be indicated by the seller.
3.8 At all times the seller reserves the right of retention with regard to the goods until the buyer provides for complete payment (including the payment of possible earlier deliveries) or provides sufficient security for the compliance with all existing and future already determinable payment obligations.
3.9 The buyer is not entitled to set off any claim against claims of the seller.
Article 4. Delivery
4.1 Goods are exclusively delivered after payment to the seller, unless stipulated otherwise in writing. The seller is entitled to deliver goods in parts.
4.2 All delivery times indicated by the seller are only approximate, overstepping of these delivery times does not lead to an attributable shortcoming on the part of the seller.
4.3 The moment of delivery is considered to be the moment when the goods are made available to the buyer at the address of the seller or at a different address indicated by the seller. The seller is at all times entitled to deliver an order in parts.
4.4 The buyer has the option to choose for insured delivery to an address indicated by the buyer. The buyer can also choose to personally provide for transport of the goods, or to pick the same up at a location stipulated by and between the parties, in which cases the buyer must personally provide for insurance of the goods as from the date of availability.
4.5 If the buyer does not pick up or has picked up the goods at the seller or a third party within 5 days after the date of availability the seller shall be entitled to charge storage costs.
4.6 If it has, contrary to the foregoing, been stipulated that the seller shall provide for the transport of the goods, the moment of delivery is considered to be the moment when the goods leave the address of the seller. In that case the seller shall be free to determine the mode of transport. In that case the buyer must enable the seller to deliver the goods in accordance with the provided shipment instructions, failing which the seller is entitled to charge (storage) costs.
4.7 If it has been stipulated that the seller provides for insurance of the goods, the insurance shall take place under the usual terms and conditions of the seller.
4.8 Each and every delivery time is by operation of law extended by the period during which there is question of force majeure, without the seller requiring to invoke extension of the same in advance.
4.9 If the agreement regards precious metal futures the delivery time is calculated as from the moment that the buyer provides the security required by the seller.
4.10 If the buyer refuses to take receipt of the goods or if the same communicates to no longer appreciate the stipulated delivery, the buyer shall nonetheless be held to pay the stipulated price and to compensate the seller for the costs, damages and interests deriving there from.
Article 5. Reservation of title
5.1 All goods are delivered subject to a reservation of title and shall remain the property of the seller until the buyer has complied with all its payment obligations – including earlier obligations. If payment takes place in instalments, the goods only become the property of the buyer after the last instalment has been paid.
5.2 The buyer cannot transfer the rights and obligations on account of this agreement with the seller to third parties, unless the seller granted its express approval in writing to the same.
5.3 Before the title of the goods transfers to the buyer, the buyer shall not be authorised to lease the same or to grant use, pledge or otherwise encumber the same.
Article 6. Complaints
6.1 All delivered goods must immediately after delivery be inspected by the buyer on possible loss or damage. In case of loss and/or damage the buyer must report this to the seller in writing within 48 hours after receipt has been taken of the goods. If the buyer oversteps this deadline, or fails to carry out the inspection, all possible obligations of the seller in connection therewith shall lapse.
6.2 If a complaint is deemed to be justified by the seller, the seller can never be held to more than replacement of the goods that display a defect or additional delivery of the missing quantity or a credit note for the invoice related to the delivery upon restitution of the goods by the buyer, all at the discretion of the seller.
6.3 In case of a complaint the goods must be kept available to the seller for inspection purposes. Where possible, inspection takes place at the buyer, unless the seller holds it necessary for the goods to be returned by the buyer in accordance with the instructions of the seller.
6.4 The right to complain expires if the goods are no longer in the state in which they were delivered.
6.5 The cost of precious metals is also based on the current gold and silver prices. In order to avoid speculations all our (gold, silver and platinum) goods are excluded from the statutory right of withdrawal.
Article 7. Liability and damages
7.1 The seller is exclusively liable for damages if they are caused by intent and/or gross negligence on the part of the seller.
7.2 The liability of the seller is limited to the net value of the invoice of the delivered goods and/or services.
7.3 Liability for indirect or consequential damages, including loss of profit, incurred losses or lost orders, is expressly excluded.
7.4 The limitation of liability is equally applicable to the staff members, employees and all other persons who are used by the seller within the framework of the implementation of the agreement.
7.5 The buyer indemnifies the seller against any and all claims of third parties.
Article 8. Force majeure
8.1 The seller is authorised to suspend or have expire any and all obligations originating from any and all agreement in case there is question of force majeure.
8.2 Force majeure is understood as circumstances which the parties should within reason not have taken into account upon the conclusion of the agreement. Force majeure is in any case understood to comprise: war, threat of war, mobilisation, riots, sabotage, extreme weather conditions, fire, industrial action, operational and transport failures, lack of raw materials or energy, delay in the supply by suppliers, scarcity of precious metals which cannot be attributed to the seller and/or official measures that render compliance with the agreement impossible.
Article 9. Dissolution
9.1 The agreement between the buyer and the seller can at all times be dissolved, either in whole or in part, before the end of the term and without any judicial intervention by means of a written notice by the one party, without prejudice to the rights attributed to the other party, including suspending compliance with obligations by virtue of the agreement and claiming full compensation for damages, if one or more of the following situations occurs or threatens to occur:
9.2 – the company of the other party is liquidated or discontinued; - the other party files for or obtains (temporary) suspension of payment or is declared insolvent; - the other party loses control over its assets or parts thereof as a result of an attachment, receivership or otherwise whilst it does not reacquire power of disposition within 4 weeks after the loss thereof; - the other party must within reason be held to no longer be able to comply with its obligations by virtue of the agreement. In case of dissolution of an agreement all claims which the parties have against each other back and forth immediately become claimable.
Article 10. Applicable law and disputes
10.1 Dutch law is applicable to all legal relationships between the buyer and the seller. All possible disputes between the buyer and the seller which cannot be settled amicably shall be brought before the competent Court in the Netherlands.
Article 11. Final provisions
11.1 If one or more provisions of these GTC appears to be nonbinding, the other provisions of these GTC shall remain in full force and effect without abatement. The parties commit to replace the nonbinding provisions by binding provisions, which deviate – in terms of the nature and the scope of these GTC – from the nonbinding provisions as little as possible.
11.2 These GTC were filed with the Chamber of Commerce in Utrecht under number 64667103 and have also been published on the website of the seller. A copy of these terms and conditions can be sent to the buyer for free.
11.3 In the event of a discrepancy between the original version of these GTC in the Dutch language and the translation thereof into the English language, the original version in the Dutch language shall prevail.