General conditions

1. The Buyer shall be obliged to examine the delivered goods, or have them examined, at the time of delivery or transfer, but in any event within as short a period as possible. In doing so, the Buyer must examine whether the quality and quantity of the goods delivered are in accordance with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) dealings.
2. Complaints regarding damage, shortages or loss of delivered goods must be submitted to Seller in writing within 7 working days from the day of delivery of the goods by Buyer.
3. If the complaint is upheld within the specified period, the seller has the right to either repair, redeliver, or abandon delivery and send the buyer a credit note for that portion of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, color, number, size or finish cannot be held against the seller.
5. Complaints regarding a particular product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed at the buyer's premises.

Article 8 - Samples and models

1. If a sample or model has been shown or provided to the buyer, it is assumed to have been provided as an indication only, without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In contracts relating to immovable property, mention of the area or other dimensions and indications shall likewise be presumed to be intended only as an indication, without the property to be delivered having to correspond thereto.

Article 9 - Delivery

1. Delivery is "ex-factory/shop/warehouse. This means that all costs are for buyer.
2. The Buyer shall be obliged to take delivery of the goods at the time the Seller delivers them or has them delivered to him, or

   at the time these items are made available to him according to the agreement.

3. If buyer refuses to take delivery or is negligent in providing information or instructions necessary for

   delivery, the seller is entitled to store the item at the buyer's expense and risk.

4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the seller needs data from the buyer for the execution of the agreement, the delivery time shall commence

   after buyer has made this information available to seller.

6. A term of delivery specified by the seller is indicative. This is never a deadline. When exceeded

   of the deadline, buyer must give seller written notice of default.

7. Seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or

   partial delivery has no independent value. In the event of delivery in parts, the Seller shall be entitled to invoice these parts separately.

Article 10 - Exchanges

1. The exchange of a product purchased in the store is not possible.

Article 11 - Force majeure

1. If the seller is unable to fulfill its obligations under the agreement, in a timely manner or properly due to force majeure, it shall not be liable for damages suffered by the buyer.
2. By force majeure the parties shall in any case mean any circumstance which the Seller could not take into account at the time of entering into the Agreement and as a result of which the normal performance of the Agreement cannot reasonably be required by the Buyer, such as, for example, illness, war or threat of war, civil war and insurrection, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of premises, strikes, lockouts, altered government measures, transport difficulties, and other disturbances in the Seller's business.
3. Furthermore, the parties shall mean by force majeure the circumstance that supplying companies on which the seller depends for the execution of the agreement do not comply with the contractual obligations to the seller, unless this is attributable to the seller.
4. If a situation as referred to above arises as a result of which Seller cannot fulfill its obligations to Buyer, those obligations shall be suspended for as long as Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall be entitled to comply. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
5. In case the force majeure continues for more than three months, buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 12 - Transfer of rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect as referred to in article 3:83, second paragraph, Civil Code.

Article 13 - Retention of title and lien

1. The goods present at seller and delivered goods and parts shall remain seller's property until buyer has paid the entire agreed price. Until that time, Seller may invoke its retention of title and repossess the goods.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, the seller shall be entitled to suspend the work until the agreed part is still paid. There is then a creditor's default. Delayed delivery cannot be held against the seller in this case.
3. Seller is not authorized to pledge or otherwise encumber the items subject to its retention of title.
4. The Seller undertakes to insure and keep insured the goods delivered to the Buyer under retention of title against fire, explosion and water damage as well as theft and to make the policy available for inspection on first request.
5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.
6. In the event of liquidation, insolvency or suspension of payment of Buyer, Buyer's obligations shall become immediately due and payable.

Article 14 - Liability

1. Any liability for damages arising from or related to the performance of an agreement shall always be limited to the amount paid in the relevant case by the liability insurance(s) taken out. This amount will be increased by the amount of the excess according to the relevant policy.
2. Not excluded is Seller's liability for damages resulting from intentional or deliberate recklessness of Seller or its managerial subordinates.

Article 15 - Duty to complain

1. Buyer is obliged to report complaints about the work performed to Seller immediately. The complaint shall contain as detailed a description of the shortcoming as possible, so that Seller is able to respond adequately.
2. If a complaint is justified, the seller is obliged to repair and possibly replace the good.

Article 16 - Warranties

1. If warranties are included in the agreement, the following shall apply. Seller warrants that the sold property complies with the agreement, that it will function without defects and that it is suitable for the use that buyer intends to make of it. This warranty shall apply for a period of two calendar years after actual use by the buyer.
2. The guarantee referred to is intended to create an allocation of risks between the seller and the buyer such that the consequences of a breach of a guarantee are always entirely for the seller's account and risk and that the seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of a guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
3. The said warranty does not apply when the defect has arisen as a result of injudicious or improper use or when - without permission - buyer or third parties have made or attempted to make changes or have used the purchased item for purposes for which it is not intended.
4. If the warranty provided by Seller relates to an item manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer.

Article 17 - Intellectual property

1. Or Montre Goudsmederij & Horlogerie retains all intellectual property rights (including copyright, patent rights, trademark rights, drawing and model rights, etc.) in all products, designs, drawings, writings, carriers containing data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.
2. The customer may not copy, show and/or make available to third parties or otherwise use said intellectual property rights without the prior written consent of Or Montre Goudsmederij & Horlogerie.

Article 18 - Applicable law

1. This agreement between seller and buyer is governed exclusively by the laws of the Netherlands.
2. The applicability of the Vienna Sales Convention is excluded.
3. If in any legal proceedings one or more provisions of these general terms and conditions are deemed unreasonably

   be deemed onerous, then the other provisions shall remain in full force and effect.

Article 19 - Modification of general conditions

1. Or Montre Goudsmederij & Horlogerie is entitled to amend or supplement these terms and conditions.
2. Changes of minor importance may be made at any time.
3. Major substantive changes, Or Montre Goudsmederij & Horlogerie will, as much as possible, discuss in advance with the customer

   discuss.

4. Consumers are entitled to terminate the contract in the event of a material change to the general terms and conditions.

   say.

Article 20 - Choice of forum

1. All disputes arising from this agreement shall be submitted exclusively to the competent court.