General Terms and Conditions of WRSM WIERSMA B.V.

General Terms and Conditions of WRSM WIERSMA B.V., operating under the name WRSM Jewelry, based in Oosterhout, North Brabant.

Art. 1. General

These general terms and conditions apply to all offers, deliveries, and sales of WRSM Jewelry in Oosterhout, hereinafter referred to as the seller, and the purchaser, hereinafter referred to as the buyer, unless deviations have been agreed upon in writing. Offers from the seller are always entirely without obligation, particularly concerning prices, sizes, dimensions, images, and delivery times.

Art. 2. Deliveries

Delivery times provided by the seller serve as target dates and not strict deadlines. The seller reserves the right to deliver goods to the buyer cash on delivery and to refuse any other method of delivery. The risk of the goods transfers to the buyer at the moment the buyer receives the goods.

Art. 3. Retention of Title

Goods delivered by the seller remain the full and unconditional property of the seller until the buyer has fully paid the purchase price, including any interest, collection costs, and other expenses, as well as any compensation. The seller is entitled to retrieve the goods belonging to them; the buyer is obligated to grant the seller free access for this purpose. The seller is entitled to make partial deliveries.

Art. 4. Payment

Payment must be made within the period stated on the invoice. From the 61st day, outstanding invoice amounts will incur delay interest equal to the promissory discount rate used by the Dutch Central Bank, plus or minus bank charges, plus 3%, calculated on a monthly basis or for a portion of the month. In addition to the above, the seller is entitled to charge judicial and extrajudicial collection costs to the buyer.

Art. 5. Prices

The prices of goods sold to the buyer are non-binding and apply from the seller’s business address. Prices are exclusive of VAT. The seller has the right to adjust the prices of goods sold in accordance with fluctuations in the precious metal price, provided the goods have not yet been delivered.

Art. 6. Force Majeure

In the event of delays in supplier deliveries, scarcity of precious metals, transportation hindrances, illness of the seller and/or personnel affecting normal business operations, or any operational disruptions at the seller’s premises, regardless of the cause, the seller may extend the delivery time, cancel the sale, or enter into a different agreement with the buyer. If a delay occurs, the seller will, upon written request from the buyer, communicate which of the above actions will be applied.

Art. 7. Complaints

Without prejudice to the provisions regarding liability limitations, the buyer is obligated to submit written complaints about visible defects or shortages of the delivered goods within 8 days of delivery. After this period, any right to complain lapses. Returns due to justified complaints must occur within 30 days of the invoice date. Returns that do not comply with the seller’s conditions will be refused. Complaints as per Article 7 entitle the buyer only to a replacement delivery of the ordered goods; the seller is not obligated to any compensation.

Art. 8. Credit

The seller is not obligated to accept returns for credit. If the seller agrees to such returns, they will credit at most the paid invoice price or the current market price, whichever is lower.

Art. 9. Liability / Compensation

The seller is not liable for direct or indirect damages, including business interruptions, delayed deliveries, or non-delivery of goods, and/or the use by the buyer or third parties of goods supplied by the seller, and/or defects in products supplied by the seller, or otherwise arising from or related to the sale of goods by the seller to the buyer. The buyer expressly indemnifies the seller against all third-party claims and any resulting costs for the seller. Notwithstanding these general terms and conditions, the seller’s liability for supplying defective goods will never exceed the net invoice value of the goods.