Terms and Conditions of The Silver Mountain

Terms and Conditions
1.1 These general terms and conditions (hereinafter: "T&C") are part of all agreements and apply to all related (legal) acts (including proposals, quotations, and offers) by The Silver Mountain B.V., located at Faas Eliaslaan 13 in Baarn (hereinafter: "seller"). 1.2 The applicability of general or specific conditions used by the customer of the seller is expressly rejected by the seller. 1.3 Deviations and/or additions to these T&C are only valid when confirmed in writing by the seller to the customer. The seller expressly reserves the right to amend these T&C interim.
 
Article 2. Offers, Quotations, and Agreement 2.1 All price quotations and offers provided by the seller, as well as all other conditions stated by the seller in this regard, are considered non-binding offers and are never intended to constitute an offer that can lead to a contract by mere acceptance by the buyer. Quotations should only be considered as an invitation to the buyer to place an order with the seller. 2.2 Any order placed with the seller is deemed an irrevocable, non-binding offer from the buyer, regardless of any conflicting statement by the buyer. 2.3 Any proposed changes by the seller to the buyer's offer are considered a new offer that must be accepted by the buyer by telephone, electronically, or in writing. 2.4 Any offer from the seller is non-binding and can be revoked by the seller in writing within 7 days after acceptance, unless otherwise agreed between the parties. 2.5 An agreement is only concluded after the seller has accepted an order by telephone, in writing, by e-mail, or through its online portal, or has demonstrated the conclusion of the agreement by executing the order. 2.6 All indications by the seller of numbers, specifications, images, drawings, and/or other indications of the products are made with care. However, the seller cannot guarantee that there will be no deviations in this regard. 2.7 If the agreement is concluded by telephone or via the internet, the buyer has the right to dissolve it within 7 working days after receiving the goods and return the goods to the seller. However, this right of dissolution does not apply if the provisions of article 6.5 are applicable.
 
Article 3. Prices and Payment 3.1 Prices are determined by the seller, if applicable, based on the latest known prevailing precious metal prices, as well as any cost-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 are borne by the buyer and will be charged by the seller on top of the quoted prices, unless expressly agreed otherwise between the seller and the buyer. 3.3 All prices quoted are inclusive of VAT, unless otherwise stated. 3.4 All invoices must be paid within seven days after the time the invoice was sent to the buyer, unless otherwise agreed between the buyer and the seller. Payment terms are deemed to be strict deadlines, so that the buyer is automatically in default upon exceeding them. 3.5 From the moment the buyer is in default, the seller is entitled to charge statutory interest from the due date, without prejudice to other rights accruing to the seller. 3.6 All (extra) judicial costs incurred by the seller to enforce the agreement shall be borne by the buyer. The extrajudicial collection costs amount to 15% of the order amount, with a minimum of €150,-. 3.7 Payment is made based on a payment method specified by the seller. 3.8 The seller reserves the right at all times to retain the goods until the buyer has made full payment (including payment for any earlier deliveries) or has provided sufficient security for the performance of all existing and future, yet to be determined, payment obligations. 3.9 The buyer is not entitled to set off any claim against any claims of the seller.
 
Article 4. Delivery 4.1 Goods are only delivered after payment to the seller, unless otherwise agreed in writing. The seller is entitled to deliver goods in installments. 4.2 All delivery periods stated by the seller are approximate only; exceeding these delivery periods does not constitute a attributable default by 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 another address designated by the seller. The seller always has the right to deliver an order in installments. 4.4 The buyer may choose to have the goods insured by the Seller delivered to an address specified by the buyer. The buyer may also choose to arrange for the transportation of the goods himself, or to collect them at a location agreed upon between the parties. In the latter cases, from the date of availability, the buyer must arrange for the insurance of the goods himself. 4.5 If the buyer has not collected or arranged for the goods to be collected within 5 days of the date of availability at the seller or a third party, the seller is entitled to charge storage costs. 4.6 If, contrary to the foregoing, it has been agreed that the seller will arrange for the transportation of the goods, the seller is free to determine the mode of transport. In this case, the buyer must enable the seller to deliver the goods to the buyer in accordance with the given shipping instructions; failing which the seller is entitled to charge (storage) costs. 4.7 If it has been agreed that the seller will insure the goods, insurance will be carried out under the usual conditions of the seller. 4.8 Any delivery period is automatically extended by the period during which force majeure exists, without the seller having to invoke an extension of the period in advance. 4.9 If the agreement relates to precious metal trading for future delivery, the delivery period shall be calculated from the moment the buyer has provided the security required by the seller. 4.10 If the buyer refuses to accept delivery of the goods or indicates that he no longer wishes to receive the goods on the agreed delivery, he remains nevertheless obliged to pay the agreed price and to compensate the seller for any costs, damages, and interest resulting therefrom.
 
Article 5. Reservation of Ownership 5.1 All goods are delivered subject to retention of title and remain the property of the seller until the buyer has fulfilled all his payment obligations, including obligations arising earlier. If payment is made in installments, ownership of the goods only passes to the buyer after the last installment has been paid. 5.2 The buyer may not assign the rights and obligations arising from the agreement with the seller to third parties, unless the seller has expressly granted written permission for this. 5.3 Before ownership of the goods is transferred to the buyer, the buyer is not entitled to rent them out or allow them to be used by third parties, to pledge them, or to otherwise encumber them.
 
Article 6. Complaints 6.1 All delivered goods must be checked by the buyer immediately upon receipt for any loss or damage. If loss and/or damage occurs, the buyer must notify the seller in writing within 48 hours of the goods being received by the buyer. If the buyer exceeds this period, or fails to perform the inspection, all possible obligations of the seller in this regard shall lapse. 6.2 If a complaint is found to be justified by the seller, the seller can never be obliged to do more than replace the goods that are defective, or deliver additional quantities, or credit the invoice related to the delivery upon return by the buyer of the goods, at the choice of the seller. 6.3 In case of a complaint, the goods must be made available for inspection by the seller. If possible, inspection takes 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 to complain lapses if the goods are no longer in the condition in which they were delivered. 6.5 The consumer does not have the right of withdrawal in a contract where the price of the goods or services is linked to fluctuations in the financial markets over which the trader has no influence and which may occur within the withdrawal period.
 
Article 7. Liability and Damage 7.1 The seller is only liable for damage if it is caused by intent and/or gross negligence of the seller. 7.2 The liability of the seller is limited to the net invoice value of the delivered goods and/or services. 7.3 Liability for indirect or consequential damages, including loss of profit, lost revenue, 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 to perform the agreement. 7.5 The buyer indemnifies the seller against all claims by third parties.
 
Article 8. Force Majeure 8.1 The seller is entitled to suspend or terminate all obligations arising from any agreement with the buyer if force majeure occurs. 8.2 Force majeure refers to circumstances that the parties did not have to take into account when concluding the agreement. Force majeure includes, in any case: war, war danger, mobilization, riots, sabotage, extreme weather conditions, fire, strike, disruptions in business and transport, shortage of raw materials or energy, delay in delivery by suppliers, scarcity in precious metals not attributable to the seller, and/or government measures that make compliance with the agreement impossible.
 
Article 9. Termination 9.1 The agreement between the buyer and the seller can be terminated by either party at any time and without judicial intervention by means of a written notice, in whole or in part, notwithstanding other rights accruing to that party, including suspension of performance of the obligations arising from the agreement and the demand for 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 requests or obtains (provisional) suspension of payments or is declared bankrupt; - the other party loses the power of disposal over its assets or parts thereof due to seizure, being placed under guardianship, or otherwise, while it has not regained this power of disposal within 4 weeks after its loss; - the other party can reasonably be considered no longer able to fulfill its obligations under the agreement. In case of termination of an agreement, all claims that parties have against each other become immediately due and payable.
 
Article 10. Applicable Law and Disputes 10.1 Dutch law applies to all legal relationships between the buyer and the seller. 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 online dispute resolution on the internet under the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from sales or service contracts concluded via the internet, involving a consumer. 11.2 The seller is neither obliged nor willing to participate in a consumer dispute resolution procedure.
 
Article 12. Other Provisions 12.1 If one or more provisions of these T&C should be found to be unenforceable, the remaining provisions of these T&C shall remain in force between the parties. The parties undertake to replace the unenforceable provisions with enforceable provisions that deviate as little as possible, considering the nature and purpose of these T&C. 12.2 These T&C have been deposited with the Chamber of Commerce in Utrecht under number 64667103 and are also published on the seller's website. A copy of these terms and conditions can be sent free of charge upon request. 12.3 In case of a dispute concerning the content or scope of these T&C, the Dutch text of these T&C is binding.